A.A. AND OTHERS v. RUSSIA - 37008/19 (Judgment : Article 2 - Right to life : Third Section Committee) [2021] ECHR 1081 (14 December 2021)

A.A. AND OTHERS v. RUSSIA - 37008/19 (Judgment : Article 2 - Right to life : Third Section Committee) [2021] ECHR 1081 (14 December 2021)

The Court found that the applicants established a prima facie case that their relatives were abducted by State agents and presumed dead, and that the authorities failed to conduct an effective investigation, violating both the substantive and procedural limbs of Article 2. The Court also found violations of Articles...

Source-derived case information.

Citation
[2021] ECHR 1081
Parties
Applicants: A. A. and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
14 December 2021
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
Application allowed; violations found.
Legal Topics
Enforced Disappearance, Right to Life, Right to Liberty and Security, Prohibition of Torture, Effective Remedy, State Responsibility
Human Rights Law Criminal Law Enforced Disappearance Right to Life Right to Liberty and Security Prohibition of Torture Effective Remedy State Responsibility

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Parties

A. A. and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether the applicants' relatives were abducted and killed by State agents in violation of Article 2 of the Convention
  2. 2 Whether the authorities failed to conduct an effective investigation into the disappearances
  3. 3 Whether the applicants suffered inhuman or degrading treatment under Article 3

Ratio Decidendi

The Court found that the applicants established a prima facie case that their relatives were abducted by State agents and presumed dead, and that the authorities failed to conduct an effective investigation, violating both the substantive and procedural limbs of Article 2. The Court also found violations of Articles 3, 5, and 13 due to the applicants' suffering, unlawful detention of their relatives, and lack of effective remedies.

Court Disposition

Application allowed; violations found.

Orders

  • Joins and rejects the Government’s preliminary objection on exhaustion of domestic remedies.
  • Declares the application admissible.