GAKAYEVA AND OTHERS v. RUSSIA - 51534/08 - Chamber Judgment [2013] ECHR 946 (10 October 2013)

GAKAYEVA AND OTHERS v. RUSSIA - 51534/08 - Chamber Judgment [2013] ECHR 946 (10 October 2013)

The Court found that the applicants' relatives must be presumed dead following their unacknowledged detention by State agents, and that the authorities failed to conduct effective investigations into their disappearances. This constitutes violations of Articles 2, 3, 5, and 13 of the Convention.

Citation
[2013] ECHR 946
Parties
Applicants: Gakayeva and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
10 October 2013
Procedural Posture
Application Under Article 34 ECHR / 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
Human Rights Law International Law Enforced Disappearance Right to Life Prohibition of Torture Right to Liberty and Security Right to Effective Remedy Obligation to Investigate

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Parties

Gakayeva and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Admissibility and Merits

Legal Issues

  1. 1 Whether the Russian Federation is responsible for the disappearance and presumed death of the applicants' relatives
  2. 2 Whether there was a violation of Article 2 (right to life) of the Convention
  3. 3 Whether there was a violation of Article 3 (prohibition of inhuman or degrading treatment)

Ratio Decidendi

The Court found that the applicants' relatives must be presumed dead following their unacknowledged detention by State agents, and that the authorities failed to conduct effective investigations into their disappearances. This constitutes 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 for pecuniary and non-pecuniary damage and costs and expenses