SULTYGOV AND OTHERS v. RUSSIA - 42575/07 - Chamber Judgment [2014] ECHR 1046 (09 October 2014)

SULTYGOV AND OTHERS v. RUSSIA - 42575/07 - Chamber Judgment [2014] ECHR 1046 (09 October 2014)

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

Citation
[2014] ECHR 1046
Parties
Applicants: Sultygov and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
09 October 2014
Procedural Posture
Application Under Article 34 ECHR / Judgment by European Court of Human Rights, First Section
Outcome
Applications allowed; violations found
Legal Topics
Enforced Disappearance, Right to Life, Prohibition of Torture, Right to Liberty and Security, Right to Effective Remedy
Human Rights Law International Law Enforced Disappearance Right to Life Prohibition of Torture Right to Liberty and Security Right to Effective Remedy

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Parties

Sultygov and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment by European Court of Human Rights, First Section

Legal Issues

  1. 1 Whether the Russian authorities were responsible for the abductions and disappearances of the applicants' relatives
  2. 2 Whether there was a violation of the right to life (Article 2 ECHR)
  3. 3 Whether there was a violation of the prohibition of torture and inhuman or degrading treatment (Article 3 ECHR)

Ratio Decidendi

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

Court Disposition

Applications allowed; violations found

Orders

  • The Russian Federation is to pay just satisfaction to the applicants within three months.
  • The Government must ensure effective investigations into the disappearances.