SAIDOVA AND OTHERS v. RUSSIA - 36963/09 (Judgment : Article 2 - Right to life : Third Section Committee) [2020] ECHR 63 (21 January 2020)

SAIDOVA AND OTHERS v. RUSSIA - 36963/09 (Judgment : Article 2 - Right to life : Third Section Committee) [2020] ECHR 63 (21 January 2020)

The Court found that the applicants' relatives were last seen in the hands of State agents or during special operations, and the authorities failed to provide plausible explanations or conduct effective investigations. The prolonged uncertainty and lack of accountability constituted violations of Articles 2, 3, 5, and 13 of the Convention. The State's procedural and substantive obligations were breached by the ineffective investigations and the anguish caused to the applicants.

Citation
[2020] ECHR 63
Parties
Applicants: Saidova and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
21 January 2020
Procedural Posture
Human Rights Application (joined Cases) / Final Judgment by 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), State Responsibility, Investigation of Disappearances
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

Saidova and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Human Rights Application (joined Cases) / Final Judgment by European Court of Human Rights

Legal Issues

  1. 1 Whether the Russian authorities violated the applicants' rights under Articles 2, 3, 5, and 13 of the European Convention on Human Rights by failing to protect the right to life, prevent torture, ensure liberty and security, and provide an effective remedy in cases of enforced disappearance.

Ratio Decidendi

The Court found that the applicants' relatives were last seen in the hands of State agents or during special operations, and the authorities failed to provide plausible explanations or conduct effective investigations. The prolonged uncertainty and lack of accountability constituted violations of Articles 2, 3, 5, and 13 of the Convention. The State's procedural and substantive obligations were breached by the ineffective investigations and the anguish caused to the applicants.

Court Disposition

Applications allowed; violations found.

Orders

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