MEZHIDOVY AND OTHERS v. RUSSIA - 50606/08 (Judgment : Article 2 - Right to life : Third Section Committee) [2018] ECHR 872 (23 October 2018)

MEZHIDOVY AND OTHERS v. RUSSIA - 50606/08 (Judgment : Article 2 - Right to life : Third Section Committee) [2018] ECHR 872 (23 October 2018)

The Court found that the applicants' relatives were abducted by State agents, presumed dead, and that the State failed to conduct effective investigations, violating both the substantive and procedural aspects of Article 2 of the Convention.

Citation
[2018] ECHR 872
Parties
Applicants: Mezhidovy and Others; Respondent: Russian Government
Jurisdiction
European Union
Judgment Date
23 October 2018
Procedural Posture
European Court of Human Rights Application / Final Judgment
Outcome
Violation of Article 2 (right to life and effective investigation)
Legal Topics
Enforced Disappearance, Right to Life, Effective Investigation, State Responsibility, Six Month Rule, Exhaustion of Domestic Remedies
Human Rights Law International Law Criminal Law Enforced Disappearance Right to Life Effective Investigation State Responsibility Six Month Rule +1 more

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Parties

Mezhidovy and Others

Applicants

Russian Government

Respondent

Procedural Posture

European Court of Human Rights Application / Final Judgment

Legal Issues

  1. 1 Whether the applicants' relatives were abducted and killed by State agents
  2. 2 Whether the State failed to conduct effective investigations into the disappearances
  3. 3 Compliance with the six-month rule

Ratio Decidendi

The Court found that the applicants' relatives were abducted by State agents, presumed dead, and that the State failed to conduct effective investigations, violating both the substantive and procedural aspects of Article 2 of the Convention.

Court Disposition

Violation of Article 2 (right to life and effective investigation)

Orders

  • Applications joined under Rule 42 § 1
  • Applicants found to have complied with procedural rules