KUKURKHOYEVA AND OTHERS v. RUSSIA - 50556/08 (Judgment : Article 2 - Right to life : Third Section Committee) [2019] ECHR 59 (22 January 2019)

KUKURKHOYEVA AND OTHERS v. RUSSIA - 50556/08 (Judgment : Article 2 - Right to life : Third Section Committee) [2019] ECHR 59 (22 January 2019)

The Court found that the applicants lodged their complaints within a reasonable time after the abductions and initiation of investigations, and actively sought information and remedies. The investigations were repeatedly suspended and resumed without tangible results, demonstrating ineffectiveness. The applications were admissible and the Russian authorities failed to comply with their procedural obligations under the Convention.

Citation
[2019] ECHR 59
Parties
Applicants: Kukurkhoyeva and Others; Respondent: Russian Government
Jurisdiction
European Union
Judgment Date
22 January 2019
Procedural Posture
European Court of Human Rights Application / Final Judgment
Outcome
Applications joined and admissible; partial application struck out; finding of violation against Russia
Legal Topics
Enforced Disappearance, Right to Life, Right to Liberty and Security, Effective Investigation, Six Month Rule, State Responsibility
Human Rights Law International Law Criminal Law Enforced Disappearance Right to Life Right to Liberty and Security Effective Investigation Six Month Rule +1 more

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Parties

Kukurkhoyeva and Others

Applicants

Russian Government

Respondent

Procedural Posture

European Court of Human Rights Application / Final Judgment

Legal Issues

  1. 1 Whether the Russian authorities violated Articles 2, 3, 5, and 13 of the European Convention on Human Rights by failing to investigate enforced disappearances effectively
  2. 2 Compliance with the six-month rule for admissibility

Ratio Decidendi

The Court found that the applicants lodged their complaints within a reasonable time after the abductions and initiation of investigations, and actively sought information and remedies. The investigations were repeatedly suspended and resumed without tangible results, demonstrating ineffectiveness. The applications were admissible and the Russian authorities failed to comply with their procedural obligations under the Convention.

Court Disposition

Applications joined and admissible; partial application struck out; finding of violation against Russia

Orders

  • Application of Umarov and Others (no. 5691/11) struck out as regards Ms Madina Gaysultanova under Article 37 § 1 (a)
  • Russian Federation found in violation of procedural obligations under Articles 2, 3, 5, and 13 of the Convention