KAYKHAROVA AND OTHERS v. RUSSIA - 11554/07 56745/08 61274/09 7862/08 - Chamber Judgment [2013] ECHR 770 (01 August 2013)

KAYKHAROVA AND OTHERS v. RUSSIA - 11554/07 56745/08 61274/09 7862/08 - Chamber Judgment [2013] ECHR 770 (01 August 2013)

The Court found that the applicants' complaints were lodged within a reasonable time given the ongoing and ineffective investigations into the disappearances of their relatives. The Court held that the Russian authorities failed to conduct effective investigations as required by the Convention, and that the applicants' rights under the Convention were violated.

Citation
[2013] ECHR 770
Parties
Applicants: Kaykharova and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
01 August 2013
Procedural Posture
European Court of Human Rights Application / Judgment on Admissibility and Merits
Outcome
Applications joined and declared admissible; violations found
Legal Topics
Enforced Disappearance, Right to Life, Right to Liberty and Security, Effective Investigation, State Responsibility
Human Rights Law Criminal Law International Law Enforced Disappearance Right to Life Right to Liberty and Security Effective Investigation State Responsibility

Case Brief

Summary, issues, holding and outcome

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Parties

Kaykharova and Others

Applicants

Russian Federation

Respondent

Procedural Posture

European Court of Human Rights Application / Judgment on Admissibility and Merits

Legal Issues

  1. 1 Whether the Russian authorities violated the applicants' rights under the Convention due to the disappearance and presumed death of their relatives
  2. 2 Whether the investigations into the disappearances were effective as required by the Convention
  3. 3 Whether the applications were lodged within the six-month rule under Article 35 § 1 of the Convention

Ratio Decidendi

The Court found that the applicants' complaints were lodged within a reasonable time given the ongoing and ineffective investigations into the disappearances of their relatives. The Court held that the Russian authorities failed to conduct effective investigations as required by the Convention, and that the applicants' rights under the Convention were violated.

Court Disposition

Applications joined and declared admissible; violations found

Orders

  • Russian Federation to conduct effective investigations
  • Russian Federation to pay just satisfaction to applicants