BAYSULTANOVA AND OTHERS v. RUSSIA - 12642/13 (Judgment : Article 2 - Right to life : Third Section Committee) [2019] ECHR 636 (24 September 2019)

BAYSULTANOVA AND OTHERS v. RUSSIA - 12642/13 (Judgment : Article 2 - Right to life : Third Section Committee) [2019] ECHR 636 (24 September 2019)

The Russian Federation failed to conduct effective investigations into the disappearances of the applicants' relatives, resulting in violations of Articles 2, 3, 5, and 13 of the European Convention on Human Rights. The applicants complied with procedural requirements, including the six-month rule and exhaustion of domestic remedies.

Citation
[2019] ECHR 636
Parties
Applicants: Baysultanova and Others; Applicants: Adamovy; Applicants: Dangiriyevy; Applicants: Ibragimovy; Applicants: Astamirova and Israilov; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
24 September 2019
Procedural Posture
European Court of Human Rights Application / Final Judgment
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 Criminal Law Enforced Disappearance Right to Life Prohibition of Torture Right to Liberty and Security Right to Effective Remedy

Case Brief

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Parties

Baysultanova and Others

Applicants

Adamovy

Applicants

Dangiriyevy

Applicants

Ibragimovy

Applicants

Astamirova and Israilov

Applicants

Russian Federation

Respondent

Procedural Posture

European Court of Human Rights Application / Final Judgment

Legal Issues

  1. 1 Whether the Russian Federation violated Articles 2, 3, 5, and 13 of the European Convention on Human Rights in relation to the disappearance and alleged unlawful detention of the applicants' relatives.
  2. 2 Whether the investigations into the disappearances were effective and compliant with procedural obligations under the Convention.
  3. 3 Compliance with the six-month rule and exhaustion of domestic remedies.

Ratio Decidendi

The Russian Federation failed to conduct effective investigations into the disappearances of the applicants' relatives, resulting in violations of Articles 2, 3, 5, and 13 of the European Convention on Human Rights. The applicants complied with procedural requirements, including the six-month rule and exhaustion of domestic remedies.

Court Disposition

Applications allowed; violations found.

Orders

  • Russian Federation to pay compensation to applicants for non-pecuniary damage.
  • Russian Federation to conduct effective investigations into the disappearances.