Yandiyev and Others v. Russia - 34541/06 1578/07 43811/06 - Legal Summary [2013] ECHR 1162 (10 October 2013)

Yandiyev and Others v. Russia - 34541/06 1578/07 43811/06 - Legal Summary [2013] ECHR 1162 (10 October 2013)

The Court found that the applicants' relatives had been taken into custody by State agents, were presumed dead due to the life-threatening nature of their detention and absence of news, and that the State failed to justify their deaths or conduct an effective investigation, resulting in violations of Articles 2, 3, 5, and 13.

Citation
[2013] ECHR 1162
Parties
Applicants: Yandiyev and Others; Respondent: Russia
Jurisdiction
European Union
Judgment Date
10 October 2013
Procedural Posture
Application for Violation of Human Rights / Final Judgment
Outcome
violations found
Legal Topics
Right to Life, Enforced Disappearance, Effective Investigation, Detention Without Legal Grounds, Effective Remedy
Human Rights Law Criminal Law Right to Life Enforced Disappearance Effective Investigation Detention Without Legal Grounds Effective Remedy

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Parties

Yandiyev and Others

Applicants

Russia

Respondent

Procedural Posture

Application for Violation of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether the disappearance and presumed death of the applicants' relatives constituted a violation of Article 2 (right to life) of the European Convention on Human Rights
  2. 2 Whether the investigation into the disappearances was effective as required by Article 2
  3. 3 Whether there were violations of Articles 3, 5, and 13

Ratio Decidendi

The Court found that the applicants' relatives had been taken into custody by State agents, were presumed dead due to the life-threatening nature of their detention and absence of news, and that the State failed to justify their deaths or conduct an effective investigation, resulting in violations of Articles 2, 3, 5, and 13.

Court Disposition

violations found

Orders

  • Respondent State to pay applicants between EUR 7,800 and EUR 23,000 in respect of pecuniary damage
  • Respondent State to pay applicants between EUR 45,000 and EUR 60,000 in respect of non-pecuniary damage