ABUBAKAROVA AND OTHERS v. RUSSIA - 867/12 (Judgment : Article 2 - Right to life : Third Section Committee) [2019] ECHR 408 (04 June 2019)

ABUBAKAROVA AND OTHERS v. RUSSIA - 867/12 (Judgment : Article 2 - Right to life : Third Section Committee) [2019] ECHR 408 (04 June 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 into their disappearances, and that the applicants suffered inhuman and degrading treatment due to the uncertainty and lack of...

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Citation
[2019] ECHR 408
Parties
Applicants: Abubakarova and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
04 June 2019
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Judgment by Committee After Written Submissions
Outcome
Applications allowed; violations found
Legal Topics
Enforced Disappearance, Right to Life, Prohibition of Torture, Right to Liberty and Security, Right to Effective Remedy, State Responsibility, Obligation to Investigate
Human Rights Law Criminal Law International Law Enforced Disappearance Right to Life Prohibition of Torture Right to Liberty and Security Right to Effective Remedy +2 more

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Parties

Abubakarova and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Judgment by Committee After Written Submissions

Legal Issues

  1. 1 Whether the Russian authorities are responsible for the disappearance and presumed death of the applicants' relatives
  2. 2 Whether the investigations into the disappearances were effective as required by the Convention
  3. 3 Whether the applicants suffered inhuman or degrading treatment due to the disappearances and lack of effective investigation

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 into their disappearances, and that the applicants suffered inhuman and degrading treatment due to the uncertainty and lack of information. The Russian Federation was held responsible for violations of Articles 2, 3, 5, and 13 of the Convention.

Court Disposition

Applications allowed; violations found

Orders

  • Russian Federation to pay specified sums in respect of pecuniary and non-pecuniary damage and costs and expenses to the applicants within three months.
  • Russian Federation to ensure effective investigations into the disappearances.