MIKIYEVA AND OTHERS v. RUSSIA - 61536/08 6647/09 6659/09 63535/10 15695/11 - Chamber Judgment [2014] ECHR 99 (30 January 2014)

MIKIYEVA AND OTHERS v. RUSSIA - 61536/08 6647/09 6659/09 63535/10 15695/11 - Chamber Judgment [2014] ECHR 99 (30 January 2014)

The Court found that in all five applications, the applicants' relatives were abducted by State agents and may be presumed dead. The Russian authorities failed to provide a satisfactory explanation or conduct effective investigations, violating both the substantive and procedural limbs of Article 2 of the...

Source-derived case information.

Citation
[2014] ECHR 99
Parties
Applicants: Mikiyeva and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
30 January 2014
Procedural Posture
Joined Applications Under Article 34 ECHR / Final Judgment
Outcome
Applications allowed; violations found
Legal Topics
Enforced Disappearance, Right to Life, Effective Investigation, State Responsibility, Procedural Obligations, Six Month Rule, Victim Status
Human Rights Law International Law Enforced Disappearance Right to Life Effective Investigation State Responsibility Procedural Obligations Six Month Rule +1 more

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Parties

Mikiyeva and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Joined Applications Under Article 34 ECHR / Final Judgment

Legal Issues

  1. 1 Whether the applicants' relatives were abducted and presumed dead following unacknowledged detention by State agents in Chechnya
  2. 2 Whether the Russian authorities failed to conduct effective investigations into the disappearances
  3. 3 Whether the applications were lodged within the six-month rule

Ratio Decidendi

The Court found that in all five applications, the applicants' relatives were abducted by State agents and may be presumed dead. The Russian authorities failed to provide a satisfactory explanation or conduct effective investigations, violating both the substantive and procedural limbs of Article 2 of the Convention. The applications were lodged within the six-month rule, and the applicants had standing as victims.

Court Disposition

Applications allowed; violations found

Orders

  • The Russian Federation is to pay specified sums in respect of pecuniary and non-pecuniary damage and costs and expenses to the applicants.
  • The Russian Federation is to conduct effective investigations into the disappearances.