ASLAKHANOVA v. RUSSIA - 2944/06 - HEJUD [2012] ECHR 2075 (18 December 2012)

ASLAKHANOVA v. RUSSIA - 2944/06 - HEJUD [2012] ECHR 2075 (18 December 2012)

The Court found that the applicants' relatives must be presumed dead following their unacknowledged detention by State agents, that the authorities failed to conduct effective investigations, and that the applicants suffered inhuman and degrading treatment due to the disappearances and lack of information. The Russian Federation was held responsible for violations of Articles 2, 3, 5, and 13 of the Convention.

Citation
[2012] ECHR 2075
Parties
Applicants: Satsita Aslakhanova and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
18 December 2012
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Judgment on Admissibility and Merits
Outcome
Applications allowed; violations found
Legal Topics
Enforced Disappearance, Right to Life, Prohibition of Torture, Right to Liberty and Security, Right to Effective Remedy, Obligation to Investigate, State Responsibility
Human Rights Law Criminal Law International Law Enforced Disappearance Right to Life Prohibition of Torture Right to Liberty and Security Right to Effective Remedy +2 more

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Parties

Satsita Aslakhanova and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Judgment on Admissibility and Merits

Legal Issues

  1. 1 Whether the Russian authorities are responsible for the disappearance and presumed death of the applicants' relatives
  2. 2 Whether there was an effective investigation into the disappearances
  3. 3 Whether the applicants suffered inhuman and degrading treatment due to the disappearances and lack of information

Ratio Decidendi

The Court found that the applicants' relatives must be presumed dead following their unacknowledged detention by State agents, that the authorities failed to conduct effective investigations, and that the applicants suffered inhuman and degrading treatment due to the disappearances and lack of information. The Russian Federation was held responsible for violations of Articles 2, 3, 5, and 13 of the Convention.

Court Disposition

Applications allowed; violations found

Orders

  • Russian Federation to conduct effective investigations into the disappearances
  • Russian Federation to pay just satisfaction to the applicants