NAKANI AND OTHERS v. RUSSIA - 10229/10 (Judgment : Article 2 - Right to life : Third Section Committee) [2019] ECHR 701 (08 October 2019)

NAKANI AND OTHERS v. RUSSIA - 10229/10 (Judgment : Article 2 - Right to life : Third Section Committee) [2019] ECHR 701 (08 October 2019)

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
[2019] ECHR 701
Parties
Applicants: Nakani and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
08 October 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, State Responsibility
Human Rights Law Criminal Law Enforced Disappearance Right to Life Right to Liberty and Security Right to Effective Remedy State Responsibility

Case Brief

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Parties

Nakani and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

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 there was a violation of Articles 2, 3, 5, and 13 of the European Convention on Human Rights

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

  • Respondent State to pay specified sums in respect of pecuniary and non-pecuniary damage and costs and expenses to the applicants or their successors
  • Respondent State to conduct effective investigations into the disappearances