TAZUYEVA AND OTHERS v. RUSSIA - 36962/09 (Judgment : Article 2 - Right to life : Third Section Committee) [2019] ECHR 60 (22 January 2019)

TAZUYEVA AND OTHERS v. RUSSIA - 36962/09 (Judgment : Article 2 - Right to life : Third Section Committee) [2019] ECHR 60 (22 January 2019)

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. The Russian Federation is responsible for violations of Articles 2, 3, 5, and 13 of the Convention.

Citation
[2019] ECHR 60
Parties
Applicants: Tazuyeva and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
22 January 2019
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Applications allowed; violations found
Legal Topics
Enforced Disappearance, Right to Life, Right to Liberty and Security, Right to Effective Remedy, Obligation to Investigate, State Responsibility
Human Rights Law Criminal Law Enforced Disappearance Right to Life Right to Liberty and Security Right to Effective Remedy Obligation to Investigate State Responsibility

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Parties

Tazuyeva and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

Legal Issues

  1. 1 Whether the Russian authorities violated the applicants' rights under Articles 2, 3, 5, and 13 of the European Convention on Human Rights in relation to the disappearance of their relatives and the subsequent investigations.

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. The Russian Federation is responsible for violations of Articles 2, 3, 5, and 13 of the Convention.

Court Disposition

Applications allowed; violations found

Orders

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