KHAMKHOYEVA AND OTHERS v. RUSSIA - 6636/09 (Judgment : Article 2 - Right to life : Third Section Committee) [2019] ECHR 379 (28 May 2019)

KHAMKHOYEVA AND OTHERS v. RUSSIA - 6636/09 (Judgment : Article 2 - Right to life : Third Section Committee) [2019] ECHR 379 (28 May 2019)

The Court found that the applicants' relatives were abducted by State agents in circumstances where the authorities failed to conduct effective investigations, constituting violations of Articles 2, 3, 5, and 13 of the Convention. Domestic remedies were not effective due to systemic failures, and procedural objections were dismissed.

Citation
[2019] ECHR 379
Parties
Applicants: Khamkhoyeva and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
28 May 2019
Procedural Posture
European Court of Human Rights Application / Final Judgment
Outcome
Applications allowed; violations found
Legal Topics
Enforced Disappearance, Right to Life, Right to Liberty and Security, Right to Effective Remedy, State Responsibility, Investigation of Disappearances
Human Rights Law International Law Criminal Law Enforced Disappearance Right to Life Right to Liberty and Security Right to Effective Remedy State Responsibility +1 more

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Parties

Khamkhoyeva and Others

Applicants

Russian Federation

Respondent

Procedural Posture

European Court of Human Rights Application / Final Judgment

Legal Issues

  1. 1 Whether the applicants' relatives were victims of enforced disappearance by State agents
  2. 2 Whether the Russian authorities conducted effective investigations into the disappearances
  3. 3 Compliance with Article 2 (right to life), Article 3 (prohibition of torture), Article 5 (right to liberty and security), and Article 13 (right to effective remedy) of the European Convention on Human Rights

Ratio Decidendi

The Court found that the applicants' relatives were abducted by State agents in circumstances where the authorities failed to conduct effective investigations, constituting violations of Articles 2, 3, 5, and 13 of the Convention. Domestic remedies were not effective due to systemic failures, and procedural objections were dismissed.

Court Disposition

Applications allowed; violations found

Orders

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