The ECHR has found a violation of the requirements of Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms in its substantive and procedural legal aspects in relation to individual applicants, Article 3, Article 5 and Ar

Заголовок: The ECHR has found a violation of the requirements of Article 2 of the Convention for the Protection of Huma Сведения: 2019-11-22 06:15:13

The ECHR judgment of June 4, 2019 in the case of Esambayeva and Others v. Russia (applications N 2660/12, 2674/12, 65488/12, 24711/13 and 24725/13).

In 2012 and 2013, the applicants were assisted in preparing applications. Subsequently, the applications were consolidated and communicated by the Russian Federation.

In the case, the applications of the disappearance of the applicants' relatives as a result of their alleged detention by State agents, the lack of an effective investigation, the moral suffering of the applicants as a result of the disappearance of the relatives and the illegality of their detention were successfully examined. The case has violated the requirements of Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms in its substantive, procedural and legal aspects in relation to individual applicants, Article 3, Article 5 and Article 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms in conjunction with Article 2.

In their applications, the applicants complained that their relatives had disappeared as a result of the alleged detention by State agents and that no effective investigation was carried out in this connection. The applicants also complained about the moral suffering caused to them by the disappearance of their relatives and the unlawfulness of their detention.

On June 4, 2019, following applications 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 in respect of individual applicants, 3 (prohibition of torture ), 5 (the right to liberty and security of person) and 13 of the Convention (the right to an effective domestic remedy) in conjunction with Article 2 of the Convention, and ordered the respondent Government to pay various amounts to the applicants 70 000 to 80 000 euros in non-pecuniary damage.

 

 

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