The ECHR has found a violation of the requirements of Articles 2, 3, 5 and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR has found a violation of the requirements of Articles 2, 3, 5 and 13 of the Convention for the Prot Сведения: 2019-11-22 06:12:29

The ECHR judgment of June 4, 2019 in the case of Mukhtarova and Others v. Russia (application No. 13916/12).

In 2012, the applicants were assisted in preparing the application. Subsequently, the application was communicated to the Russian Federation.

The case has successfully examined the application of moral suffering caused to the applicants as a result of the disappearance of their relative and the unlawfulness of the detention of the relative. The applicants also alleged that they did not have any effective domestic remedies in connection with these circumstances. The case has violated the requirements of Articles 2, 3, 5 and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In their application, the applicants alleged that in November 2003 their relatives were allegedly abducted by State agents in the Republic of Ingushetia and that the authorities failed to effectively investigate their complaints. The first and second applicants complained of the moral suffering caused by the disappearance of their relative and the unlawfulness of his detention. They also claimed that they did not have any effective domestic remedies in connection with these circumstances.

On June 4, 2019, in an application filed by the applicants, the Court unanimously ruled that in the present case the Russian authorities violated the requirements of Articles 2 (the right to life) in its substantive and procedural aspects, 3 (prohibition of torture) in relation to the and the second applicant, 5 (the right to liberty and security of person) and 13 of the Convention (the right to an effective domestic remedy) in conjunction with Articles 2 and 3 of the Convention, and ordered the respondent Government to pay the first and second to the appellant jointly 80,000 euros in compensation for non-pecuniary damage, 5,000 euros in compensation for pecuniary damage.

 

 

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