IZHAYEVA AND OTHERS v. RUSSIA - 53074/12 (Judgment : Article 2 - Right to life : Third Section Committee) [2020] ECHR 32 (14 January 2020)

IZHAYEVA AND OTHERS v. RUSSIA - 53074/12 (Judgment : Article 2 - Right to life : Third Section Committee) [2020] ECHR 32 (14 January 2020)

The Court found that the applicants established a prima facie case that their relatives were abducted by State agents and presumed dead. The Russian authorities failed to provide a plausible alternative explanation or conduct effective investigations, resulting in violations of Articles 2, 3, 5, and 13 of the Convention.

Citation
[2020] ECHR 32
Parties
Applicants: Izhayeva and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
14 January 2020
Procedural Posture
Application Under Article 34 ECHR / Judgment by Committee of the Third Section, European Court of Human Rights
Outcome
Applications allowed. Violations found.
Legal Topics
Enforced Disappearance, Right to Life (article 2 Echr), Prohibition of Torture (article 3 Echr), Right to Liberty and Security (article 5 Echr), Right to Effective Remedy (article 13 Echr), Obligation to Investigate, State Responsibility
Human Rights Law Criminal Law International Law Enforced Disappearance Right to Life (article 2 Echr) Prohibition of Torture (article 3 Echr) Right to Liberty and Security (article 5 Echr) Right to Effective Remedy (article 13 Echr) +2 more

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Parties

Izhayeva and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment by Committee of the Third Section, European Court of Human Rights

Legal Issues

  1. 1 Whether the applicants' relatives were victims of enforced disappearance attributable to State agents
  2. 2 Whether the Russian authorities violated procedural and substantive obligations under Articles 2, 3, 5, and 13 of the Convention
  3. 3 Whether the investigations into the disappearances were effective

Ratio Decidendi

The Court found that the applicants established a prima facie case that their relatives were abducted by State agents and presumed dead. The Russian authorities failed to provide a plausible alternative explanation or conduct effective investigations, resulting in violations of Articles 2, 3, 5, and 13 of the Convention.

Court Disposition

Applications allowed. Violations found.

Orders

  • Russian Federation to conduct effective investigations into the disappearances.
  • Russian Federation to pay just satisfaction to the applicants as specified in the appended table.