BEGIYEVA v. RUSSIA - 14929/17 (Judgment : Right to life : Third Section Committee) French Text [2021] ECHR 610 (06 July 2021)

BEGIYEVA v. RUSSIA - 14929/17 (Judgment : Right to life : Third Section Committee) French Text [2021] ECHR 610 (06 July 2021)

The Court found that the investigation into B.'s death was inadequate due to failures in evidence collection, inconsistencies not addressed, and lack of scrutiny of police actions, violating the procedural limb of Article 2. The Court also found that the use of lethal force was not prepared or conducted with...

Source-derived case information.

Citation
[2021] ECHR 610
Parties
Applicant: Marina Yusupovna Begiyeva; Respondent: Federation of Russia
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
Violation of Article 2 (procedural and substantive limbs)
Legal Topics
Right to Life, Use of Lethal Force by Police, Effective Investigation, Article 2 ECHR
Human Rights Law Criminal Procedure Right to Life Use of Lethal Force by Police Effective Investigation Article 2 ECHR

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Parties

Marina Yusupovna Begiyeva

Applicant

Federation of Russia

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

  1. 1 Whether the use of lethal force by police against B. violated Article 2 of the Convention
  2. 2 Whether the investigation into B.'s death was effective as required by Article 2

Ratio Decidendi

The Court found that the investigation into B.'s death was inadequate due to failures in evidence collection, inconsistencies not addressed, and lack of scrutiny of police actions, violating the procedural limb of Article 2. The Court also found that the use of lethal force was not prepared or conducted with sufficient care to minimize risk to life, and the force used was excessive, violating the substantive limb of Article 2.

Court Disposition

Violation of Article 2 (procedural and substantive limbs)

Orders

  • The respondent state must pay the applicant 60,000 EUR for non-pecuniary damage, plus any tax due, within three months, to be converted into the respondent state's currency at the date of payment.
  • Interest at the marginal lending facility rate of the European Central Bank plus three percentage points will accrue after the three-month period until payment.