GANATOVA AND OTHERS v. RUSSIA - 44776/09 (Judgment : Article 2 - Right to life : Third Section Committee) [2019] ECHR 634 (24 September 2019)

GANATOVA AND OTHERS v. RUSSIA - 44776/09 (Judgment : Article 2 - Right to life : Third Section Committee) [2019] ECHR 634 (24 September 2019)

The Court found that the Russian authorities failed to conduct effective investigations into the disappearances of the applicants' relatives, did not provide adequate redress, and did not acknowledge the violations. The compensations awarded domestically were insufficient and did not remove the applicants' victim...

Source-derived case information.

Citation
[2019] ECHR 634
Parties
Applicants: Ganatova and Others; Respondent: Russian Government
Jurisdiction
European Union
Judgment Date
24 September 2019
Procedural Posture
Joined Applications Under Article 34 of the European Convention on Human Rights / Final Judgment by the European Court of Human Rights (third Section Committee)
Outcome
Applications allowed; violations found against Russia.
Legal Topics
Enforced Disappearance, Right to Life, Right to Liberty and Security, Right to Effective Remedy, Obligation to Investigate, State Responsibility
Human Rights Law Criminal Law International Law Enforced Disappearance Right to Life Right to Liberty and Security Right to Effective Remedy Obligation to Investigate +1 more

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Parties

Ganatova and Others

Applicants

Russian Government

Respondent

Procedural Posture

Joined Applications Under Article 34 of the European Convention on Human Rights / Final Judgment by the European Court of Human Rights (third Section Committee)

Legal Issues

  1. 1 Whether the Russian authorities violated the applicants' rights under the European Convention on Human Rights by failing to protect the right to life, liberty, and security of their relatives who disappeared after being detained by State agents.
  2. 2 Whether the investigations into the disappearances were effective and adequate as required by the Convention.
  3. 3 Whether the applicants lost their victim status due to domestic compensation or proceedings.

Ratio Decidendi

The Court found that the Russian authorities failed to conduct effective investigations into the disappearances of the applicants' relatives, did not provide adequate redress, and did not acknowledge the violations. The compensations awarded domestically were insufficient and did not remove the applicants' victim status. The State was held responsible for violations of the right to life, liberty, security, and effective remedy under the Convention.

Court Disposition

Applications allowed; violations found against Russia.

Orders

  • Russian Federation held responsible for violations of the European Convention on Human Rights.
  • State ordered to pay just satisfaction to applicants as specified in the appended table.