Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  KUKURKHOYEVA AND OTHERS v. RUSSIA

  Violation of Article 2 - Right to life (Article 2-1 - Life) (Substantive aspect);Violation of Article 2 - Right to life (Article 2-1 - Effective investigation) (Procedural aspect);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading ...

Wird zitiert von ... (0)Neu Zitiert selbst (12)

• EGMR - 51029/08 (anhängig)

  SHAVKHAYEVA AND BEKAYEVA v. RUSSIA and 9 other applications

  Auszug aus EGMR, 22.01.2019 - 50556/08

  Shavkhayeva and Bekayeva v. Russia (no. 51029/08).

  In particular, in the following six cases, Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova, Akhmetkhanova and Others, Ozdamirova and Bakriyeva (no. 59117/11) and Demelkhanova (no. 59203/13) the applicants brought formal complaints within six days of the abductions of their relatives (see paragraphs 8, 12, 24, 27, 29, 46, 52, 65, 73, 132, 136, 182 and 183 above).

  In Shavkhayeva and Bekayeva (no. 51029/08) and Kosumova (no. 65052/11) the relevant lulls in the proceedings were even less significant and did not exceed two years and eleven months (see paragraphs 38, 40 and 157 above).

  In the meantime, the first and second applicants in Shavkhayeva and Bekayeva (no. 51029/08) maintained contact with the investigators, seeking access to the case file (see paragraph 39 above).

  The Court also notes the applicants" efforts to resume the dormant proceedings in Demelkhanova (no. 59203/13), Akhmetkhanova and Others, Umarov and Others (no. 5691/11) and Shavkhayeva and Bekayeva (no. 51029/08).

  In Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova, Akhmetkhanova and Others, Ozdamirova and Bakriyeva (no. 59117/11), Kosumova (no. 65052/11) and Isayevy (no. 70640/11) they also spoke unaccented Russian.

  Eye witnesses to the events in Shavkhayeva and Bekayeva (no. 51029/08) and Mestoyevy (no. 66394/10) stated that the perpetrators were of Slavic appearance.

  In Shavkhayeva and Bekayeva (no. 51029/08), Akhmetkhanova and Others (no. 43706/09) and Demelkhanova (no. 59203/13) it was stated that the abductors used APCs.

  Moreover, as submitted by the applicants and not disputed by the Government in Umarov and Others (no. 5691/11), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova, Mestoyevy, Kukurkhoyeva (no. 50556/08) and Isayevy (no. 70640/11) various State authorities confirmed either the fact of the arrest of the applicants" relatives by State agents, or their detention in custody (see paragraphs 8-11, 23-28, 46-50, 65-69, 93, 95, 97, 101, 110-112, 132, 150, 155, 163, 174, 182 and 195 above).

  In Shavkhayeva and Bekayeva (no. 51029/08), Akhmetkhanova and Others, Mestoyevy and Umarov and Others (no. 5691/11) the Government contended that Article 2 of the Convention was not applicable to the applicants" complaints of abductions, which should instead be examined under Article 5 of the Convention.

  In Shavkhayeva and Bekayeva (no. 51029/08), Akhmetkhanova and Others, Mestoyevy and Umarov and Others (no. 5691/11) the Government submitted that the mere fact that the investigations had not produced any specific results, or only limited ones, did not mean that they had been ineffective.

  Furthermore, the applicants in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Kosumova (no. 65052/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13) alleged a lack of effective domestic remedies in respect of their complaints under Article 3 of the Convention.

  The Court furthermore confirms that since it has been established that the applicants" relatives were detained by State agents, apparently without any legal grounds or acknowledgement of such detention, this constitutes a particularly grave violation of the right to liberty and security of persons enshrined in Article 5 of the Convention in respect of the applicants" relatives in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Mestoyevy (no. 66394/10), Umarov and Others (no. 5691/11), Ozdamirova and Bakriyeva (no. 59117/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13).

  In addition, the applicants in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Kosumova (no. 65052/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13) did not have at their disposal an effective domestic remedy for their grievances under Article 3 of the Convention in breach of Article 13 of the Convention.

  As regards the alleged breach of Article 13 read in conjunction with Article 5 of the Convention as submitted by the applicants in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13) the Court has already stated in similar cases that no separate issue arises in respect of Article 13 read in conjunction with Article 5 of the Convention (see Zhebrailova and Others v. Russia, no.40166/07, § 84, 26 March 2015, and Aliyev and Gadzhiyeva v. Russia, no. 11059/12, § 110, 12 July 2016).

  The applicants in Shavkhayeva and Bekayeva (no. 51029/08), Akhmetkhanova and Others (no. 43706/09) and Mestoyevy made their calculations on the bases of the UK Ogden Actuary Tables using domestic subsistence levels and inflation rates.

  The Government stated that the claim in Shavkhayeva and Bekayeva (no. 51029/08) should be dismissed by the Court as the applicants had failed to submit any evidence that their missing relatives had been employed; the UK Ogden Actuary Tables were not applicable to Russia, and because the applicants could apply for a pension for the loss of the breadwinner in their families.

  The Government stated that in Shavkhayeva and Bekayeva (no. 51029/08) the applicants failed to support their claims by relevant documents and that in any event the sums claimed were excessive.

  Holds that there has been a violation of Article 5 of the Convention in respect of the applicants" relatives in Kukurkhoyeva v. Russia (no. 50556/08), Shavkhayeva and Bekayeva v. Russia (no. 51029/08), Zakriyeva and Muradova v. Russia (no. 22667/09), Akhmetkhanova and Others v. Russia (no. 43706/09), Mestoyevy v. Russia (no. 66394/10), Umarov and Others v. Russia (no. 5691/11), Ozdamirova and Bakriyeva v. Russia (no. 59117/11), Isayevy v. Russia (no. 70640/11) and Demelkhanova v. Russia (no. 59203/13) on account of their unlawful detention;.

  Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 3 of the Convention in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Kosumova v. Russia (no. 65052/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13);.

  Holds that no separate issue arises under Article 13 of the Convention in conjunction with Article 5 of the Convention in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13);.

  51029/08.

• EGMR - 59117/11 (anhängig)

  OZDAMIROVA AND BAKRIYEVA v. RUSSIA and 9 other applications

  Auszug aus EGMR, 22.01.2019 - 50556/08

  Ozdamirova and Bakriyeva v. Russia (no. 59117/11).

  In particular, in the following six cases, Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova, Akhmetkhanova and Others, Ozdamirova and Bakriyeva (no. 59117/11) and Demelkhanova (no. 59203/13) the applicants brought formal complaints within six days of the abductions of their relatives (see paragraphs 8, 12, 24, 27, 29, 46, 52, 65, 73, 132, 136, 182 and 183 above).

  In Umarov and Others (no. 5691/11) and Ozdamirova and Bakriyeva (no. 59117/11) the lulls did not exceed three years and one month and three years and eight months respectively (see paragraphs 121, 125, 143 and 144 above).

  The Court also takes into account that in Mestoyevy (no. 66394/10), Ozdamirova and Bakriyeva (no. 59117/11) and Kosumova (no. 65052/11) the periods of inactivity were not particularly significant and that the applicants in those cases demonstrated an active stance in the proceedings as a whole.

  In Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova, Akhmetkhanova and Others, Ozdamirova and Bakriyeva (no. 59117/11), Kosumova (no. 65052/11) and Isayevy (no. 70640/11) they also spoke unaccented Russian.

  In Mestoyevy (no. 66394/10), Ozdamirova and Bakriyeva (no. 59117/11), Kosumova (no. 65052/11) and Isayevy (no. 70640/11) they arrived in UAZs, a brand of military vehicle.

  The Court notes that in Ozdamirova and Bakriyeva (no. 59117/11) the applicants received some news about their missing relative's fate after his abduction.

  In Akhmetkhanova and Others, Ozdamirova and Bakriyeva (no. 59117/11), Kosumova (no. 65052/11) and Isayevy (no. 70640/11) the Government submitted that the complaints should be dismissed, because the applicants had failed to substantiate their allegations of enforced disappearances perpetrated by State service personnel.

  Furthermore, the applicants in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Kosumova (no. 65052/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13) alleged a lack of effective domestic remedies in respect of their complaints under Article 3 of the Convention.

  The Court furthermore confirms that since it has been established that the applicants" relatives were detained by State agents, apparently without any legal grounds or acknowledgement of such detention, this constitutes a particularly grave violation of the right to liberty and security of persons enshrined in Article 5 of the Convention in respect of the applicants" relatives in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Mestoyevy (no. 66394/10), Umarov and Others (no. 5691/11), Ozdamirova and Bakriyeva (no. 59117/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13).

  In addition, the applicants in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Kosumova (no. 65052/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13) did not have at their disposal an effective domestic remedy for their grievances under Article 3 of the Convention in breach of Article 13 of the Convention.

  As regards the alleged breach of Article 13 read in conjunction with Article 5 of the Convention as submitted by the applicants in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13) the Court has already stated in similar cases that no separate issue arises in respect of Article 13 read in conjunction with Article 5 of the Convention (see Zhebrailova and Others v. Russia, no.40166/07, § 84, 26 March 2015, and Aliyev and Gadzhiyeva v. Russia, no. 11059/12, § 110, 12 July 2016).

  The applicants in Ozdamirova and Bakriyeva (no. 59117/11), Kosumova (no. 65052/11) and Isayevy (no. 70640/11) relied on the minimum monthly salary in Russia.

  Holds that there has been a violation of Article 5 of the Convention in respect of the applicants" relatives in Kukurkhoyeva v. Russia (no. 50556/08), Shavkhayeva and Bekayeva v. Russia (no. 51029/08), Zakriyeva and Muradova v. Russia (no. 22667/09), Akhmetkhanova and Others v. Russia (no. 43706/09), Mestoyevy v. Russia (no. 66394/10), Umarov and Others v. Russia (no. 5691/11), Ozdamirova and Bakriyeva v. Russia (no. 59117/11), Isayevy v. Russia (no. 70640/11) and Demelkhanova v. Russia (no. 59203/13) on account of their unlawful detention;.

  Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 3 of the Convention in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Kosumova v. Russia (no. 65052/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13);.

  Holds that no separate issue arises under Article 13 of the Convention in conjunction with Article 5 of the Convention in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13);.

  59117/11.

• EGMR - 59203/13 (anhängig)

  DEMELKHANOVA v. RUSSIA

  Auszug aus EGMR, 22.01.2019 - 50556/08

  Demelkhanova v. Russia (no. 59203/13).

  In particular, in the following six cases, Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova, Akhmetkhanova and Others, Ozdamirova and Bakriyeva (no. 59117/11) and Demelkhanova (no. 59203/13) the applicants brought formal complaints within six days of the abductions of their relatives (see paragraphs 8, 12, 24, 27, 29, 46, 52, 65, 73, 132, 136, 182 and 183 above).

  The most significant took place in Demelkhanova (no. 59203/13); it amounted to five years (see paragraphs 193 and 194 above).

  The Court also notes the applicants" efforts to resume the dormant proceedings in Demelkhanova (no. 59203/13), Akhmetkhanova and Others, Umarov and Others (no. 5691/11) and Shavkhayeva and Bekayeva (no. 51029/08).

  In Shavkhayeva and Bekayeva (no. 51029/08), Akhmetkhanova and Others (no. 43706/09) and Demelkhanova (no. 59203/13) it was stated that the abductors used APCs.

  They did so even in the case of Demelkhanova (no. 59203/13), where the applicant's first complaint had not explicitly referred to a possible abduction by State agents, and the relevant allegation was apparently made at a later stage (see paragraphs 185 and 188 above).

  The Government did not comment on Kukurkhoyeva (no. 50556/08), Zakriyeva and Muradova (no. 22667/09) and Demelkhanova (no. 59203/13).

  Furthermore, the applicants in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Kosumova (no. 65052/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13) alleged a lack of effective domestic remedies in respect of their complaints under Article 3 of the Convention.

  The Court furthermore confirms that since it has been established that the applicants" relatives were detained by State agents, apparently without any legal grounds or acknowledgement of such detention, this constitutes a particularly grave violation of the right to liberty and security of persons enshrined in Article 5 of the Convention in respect of the applicants" relatives in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Mestoyevy (no. 66394/10), Umarov and Others (no. 5691/11), Ozdamirova and Bakriyeva (no. 59117/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13).

  In addition, the applicants in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Kosumova (no. 65052/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13) did not have at their disposal an effective domestic remedy for their grievances under Article 3 of the Convention in breach of Article 13 of the Convention.

  As regards the alleged breach of Article 13 read in conjunction with Article 5 of the Convention as submitted by the applicants in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13) the Court has already stated in similar cases that no separate issue arises in respect of Article 13 read in conjunction with Article 5 of the Convention (see Zhebrailova and Others v. Russia, no.40166/07, § 84, 26 March 2015, and Aliyev and Gadzhiyeva v. Russia, no. 11059/12, § 110, 12 July 2016).

  The applicants in all of the cases, except for Kukurkhoyeva (no. 50556/08), Umarov and Others (no. 5691/11) and Demelkhanova (no. 59203/13) claimed compensation for loss of financial support from the primary breadwinners in their families.

  Holds that there has been a violation of Article 5 of the Convention in respect of the applicants" relatives in Kukurkhoyeva v. Russia (no. 50556/08), Shavkhayeva and Bekayeva v. Russia (no. 51029/08), Zakriyeva and Muradova v. Russia (no. 22667/09), Akhmetkhanova and Others v. Russia (no. 43706/09), Mestoyevy v. Russia (no. 66394/10), Umarov and Others v. Russia (no. 5691/11), Ozdamirova and Bakriyeva v. Russia (no. 59117/11), Isayevy v. Russia (no. 70640/11) and Demelkhanova v. Russia (no. 59203/13) on account of their unlawful detention;.

  Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 3 of the Convention in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Kosumova v. Russia (no. 65052/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13);.

  Holds that no separate issue arises under Article 13 of the Convention in conjunction with Article 5 of the Convention in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13);.

  59203/13.

 
• EGMR - 43706/09 (anhängig)

  [ENG]

  Auszug aus EGMR, 22.01.2019 - 50556/08

  Akhmetkhanova and Others v. Russia (no. 43706/09).

  In Akhmetkhanova and Others (no. 43706/09) and Mestoyevy (no. 66394/10) the proceedings remained suspended for about four years and five months (see paragraphs 80, 83, 103 and 105 above).

  The Government argued that it had been open to the applicants to challenge in court any actions or omissions of the investigating authorities, and raise the issue of the effectiveness of the investigation, or claim compensation for pecuniary damage, but the applicants in Kosumova (no. 65052/11), Isayevy, Zakriyeva and Muradova, Akhmetkhanova and Others (no. 43706/09) and Mestoyevy (no. 66394/10) had failed to do so.

  In Shavkhayeva and Bekayeva (no. 51029/08), Akhmetkhanova and Others (no. 43706/09) and Demelkhanova (no. 59203/13) it was stated that the abductors used APCs.

  Furthermore, the applicants in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Kosumova (no. 65052/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13) alleged a lack of effective domestic remedies in respect of their complaints under Article 3 of the Convention.

  The Court furthermore confirms that since it has been established that the applicants" relatives were detained by State agents, apparently without any legal grounds or acknowledgement of such detention, this constitutes a particularly grave violation of the right to liberty and security of persons enshrined in Article 5 of the Convention in respect of the applicants" relatives in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Mestoyevy (no. 66394/10), Umarov and Others (no. 5691/11), Ozdamirova and Bakriyeva (no. 59117/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13).

  In addition, the applicants in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Kosumova (no. 65052/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13) did not have at their disposal an effective domestic remedy for their grievances under Article 3 of the Convention in breach of Article 13 of the Convention.

  As regards the alleged breach of Article 13 read in conjunction with Article 5 of the Convention as submitted by the applicants in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13) the Court has already stated in similar cases that no separate issue arises in respect of Article 13 read in conjunction with Article 5 of the Convention (see Zhebrailova and Others v. Russia, no.40166/07, § 84, 26 March 2015, and Aliyev and Gadzhiyeva v. Russia, no. 11059/12, § 110, 12 July 2016).

  The applicants in Shavkhayeva and Bekayeva (no. 51029/08), Akhmetkhanova and Others (no. 43706/09) and Mestoyevy made their calculations on the bases of the UK Ogden Actuary Tables using domestic subsistence levels and inflation rates.

  In Akhmetkhanova and Others (no. 43706/09) the Government submitted that the issue of compensation for pecuniary damage should be resolved within civil proceedings at the domestic level.

  In Akhmetkhanova and Others (no. 43706/09) the Government submitted that the compensation sought by the applicant was excessive.

  In Akhmetkhanova and Others (no. 43706/09) the Government submitted that the applicants" claim was unsubstantiated, because the documents furnished by the applicants had not been duly sealed.

  Holds that there has been a violation of Article 5 of the Convention in respect of the applicants" relatives in Kukurkhoyeva v. Russia (no. 50556/08), Shavkhayeva and Bekayeva v. Russia (no. 51029/08), Zakriyeva and Muradova v. Russia (no. 22667/09), Akhmetkhanova and Others v. Russia (no. 43706/09), Mestoyevy v. Russia (no. 66394/10), Umarov and Others v. Russia (no. 5691/11), Ozdamirova and Bakriyeva v. Russia (no. 59117/11), Isayevy v. Russia (no. 70640/11) and Demelkhanova v. Russia (no. 59203/13) on account of their unlawful detention;.

  Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 3 of the Convention in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Kosumova v. Russia (no. 65052/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13);.

  Holds that no separate issue arises under Article 13 of the Convention in conjunction with Article 5 of the Convention in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13);.

  43706/09.

• EGMR - 22667/09 (anhängig)

  ZAKRIYEVA AND MURADOVA v. RUSSIA and 4 other applications

  Auszug aus EGMR, 22.01.2019 - 50556/08

  Zakriyeva and Muradova v. Russia (no. 22667/09).

  Lastly, the Court notes with regret the Government's failure to submit a copy of entire investigation files in the cases of Kukurkhoyeva (no. 50556/08), Zakriyeva and Muradova (no. 22667/09) and Isayevy, owing to which it is impossible to establish the exact periods the investigators were inactive and the applicants" conduct during the time frame in question.

  It considers that the absence of important information concerning the investigators" and the applicants" conduct in Kukurkhoyeva (no. 50556/08), Zakriyeva and Muradova (no. 22667/09) and Isayevy (no. 70640/11) resulting from the lack of the respective investigation files, could not be held against the applicants.

  The Government did not comment on Kukurkhoyeva (no. 50556/08), Zakriyeva and Muradova (no. 22667/09) and Demelkhanova (no. 59203/13).

  The Court notes that despite its request, the Government failed to submit copies of the investigation files in their entirety as requested in three cases, Kukurkhoyeva (no. 50556/08), Zakriyeva and Muradova (no. 22667/09) and Isayevy (no. 70640/11) (see paragraphs 14, 59 and 166 above).

  Furthermore, the applicants in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Kosumova (no. 65052/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13) alleged a lack of effective domestic remedies in respect of their complaints under Article 3 of the Convention.

  The Court furthermore confirms that since it has been established that the applicants" relatives were detained by State agents, apparently without any legal grounds or acknowledgement of such detention, this constitutes a particularly grave violation of the right to liberty and security of persons enshrined in Article 5 of the Convention in respect of the applicants" relatives in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Mestoyevy (no. 66394/10), Umarov and Others (no. 5691/11), Ozdamirova and Bakriyeva (no. 59117/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13).

  In addition, the applicants in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Kosumova (no. 65052/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13) did not have at their disposal an effective domestic remedy for their grievances under Article 3 of the Convention in breach of Article 13 of the Convention.

  As regards the alleged breach of Article 13 read in conjunction with Article 5 of the Convention as submitted by the applicants in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13) the Court has already stated in similar cases that no separate issue arises in respect of Article 13 read in conjunction with Article 5 of the Convention (see Zhebrailova and Others v. Russia, no.40166/07, § 84, 26 March 2015, and Aliyev and Gadzhiyeva v. Russia, no. 11059/12, § 110, 12 July 2016).

  The applicants in Zakriyeva and Muradova (no. 22667/09) relied on the average monthly salary in construction, where their missing relatives had allegedly worked.

  Holds that there has been a violation of Article 5 of the Convention in respect of the applicants" relatives in Kukurkhoyeva v. Russia (no. 50556/08), Shavkhayeva and Bekayeva v. Russia (no. 51029/08), Zakriyeva and Muradova v. Russia (no. 22667/09), Akhmetkhanova and Others v. Russia (no. 43706/09), Mestoyevy v. Russia (no. 66394/10), Umarov and Others v. Russia (no. 5691/11), Ozdamirova and Bakriyeva v. Russia (no. 59117/11), Isayevy v. Russia (no. 70640/11) and Demelkhanova v. Russia (no. 59203/13) on account of their unlawful detention;.

  Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 3 of the Convention in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Kosumova v. Russia (no. 65052/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13);.

  Holds that no separate issue arises under Article 13 of the Convention in conjunction with Article 5 of the Convention in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Ozdamirova and Bakriyeva (no. 59117/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13);.

  22667/09.

• EGMR - 66394/10 (anhängig)

  MESTOYEVY v. RUSSIA and 9 other applications

  Auszug aus EGMR, 22.01.2019 - 50556/08

  Mestoyevy v. Russia (no. 66394/10).

  In Mestoyevy (no. 66394/10) the Government noted that the applicants" representative had unduly delayed lodging the application with the Court.

  In Mestoyevy (no. 66394/10) the formal complaint was brought two weeks after the abduction, and in Umarov and Others (no. 5691/11) and Kosumova (no. 65052/11) within about one month of the incidents, which does not appear to have been unreasonable in the circumstances of the cases (see paragraphs 93, 99, 110, 114, 150 and 151 above).

  In Akhmetkhanova and Others (no. 43706/09) and Mestoyevy (no. 66394/10) the proceedings remained suspended for about four years and five months (see paragraphs 80, 83, 103 and 105 above).

  The Court also takes into account that in Mestoyevy (no. 66394/10), Ozdamirova and Bakriyeva (no. 59117/11) and Kosumova (no. 65052/11) the periods of inactivity were not particularly significant and that the applicants in those cases demonstrated an active stance in the proceedings as a whole.

  The Government argued that it had been open to the applicants to challenge in court any actions or omissions of the investigating authorities, and raise the issue of the effectiveness of the investigation, or claim compensation for pecuniary damage, but the applicants in Kosumova (no. 65052/11), Isayevy, Zakriyeva and Muradova, Akhmetkhanova and Others (no. 43706/09) and Mestoyevy (no. 66394/10) had failed to do so.

  Eye witnesses to the events in Shavkhayeva and Bekayeva (no. 51029/08) and Mestoyevy (no. 66394/10) stated that the perpetrators were of Slavic appearance.

  In Mestoyevy (no. 66394/10), Ozdamirova and Bakriyeva (no. 59117/11), Kosumova (no. 65052/11) and Isayevy (no. 70640/11) they arrived in UAZs, a brand of military vehicle.

  In the cases of Zakriyeva and Muradova, Mestoyevy (no. 66394/10) and Umarov and Others (no. 5691/11) the culprits" vehicles passed freely through road checkpoints.

  The Court furthermore confirms that since it has been established that the applicants" relatives were detained by State agents, apparently without any legal grounds or acknowledgement of such detention, this constitutes a particularly grave violation of the right to liberty and security of persons enshrined in Article 5 of the Convention in respect of the applicants" relatives in Kukurkhoyeva (no. 50556/08), Shavkhayeva and Bekayeva (no. 51029/08), Zakriyeva and Muradova (no. 22667/09), Akhmetkhanova and Others (no. 43706/09), Mestoyevy (no. 66394/10), Umarov and Others (no. 5691/11), Ozdamirova and Bakriyeva (no. 59117/11), Isayevy (no. 70640/11) and Demelkhanova (no. 59203/13).

  Holds that there has been a violation of Article 5 of the Convention in respect of the applicants" relatives in Kukurkhoyeva v. Russia (no. 50556/08), Shavkhayeva and Bekayeva v. Russia (no. 51029/08), Zakriyeva and Muradova v. Russia (no. 22667/09), Akhmetkhanova and Others v. Russia (no. 43706/09), Mestoyevy v. Russia (no. 66394/10), Umarov and Others v. Russia (no. 5691/11), Ozdamirova and Bakriyeva v. Russia (no. 59117/11), Isayevy v. Russia (no. 70640/11) and Demelkhanova v. Russia (no. 59203/13) on account of their unlawful detention;.

  66394/10.

• EGMR, 27.09.1995 - 18984/91

  McCANN AND OTHERS v. THE UNITED KINGDOM

  Auszug aus EGMR, 22.01.2019 - 50556/08

  As to costs and expenses, the Court has to establish whether they were actually incurred and whether they were necessary and reasonable as to quantum (see McCann and Others v. the United Kingdom, 27 September 1995, § 220, Series A no. 324).
• EGMR, 27.02.2001 - 25704/94

  CICEK v. TURKEY

  Auszug aus EGMR, 22.01.2019 - 50556/08

  The Court has found on a number of occasions that unacknowledged detention is a complete negation of the guarantees contained in Article 5 of the Convention and discloses a particularly grave violation of its provisions (see Çiçek v. Turkey, no. 25704/94, § 164, 27 February 2001, and Luluyev and Others v. Russia, no. 69480/01, § 122, ECHR 2006-XIII (extracts)).
• EGMR, 09.11.2006 - 69480/01

  LOULOUÏEV ET AUTRES c. RUSSIE

  Auszug aus EGMR, 22.01.2019 - 50556/08

  The Court has found on a number of occasions that unacknowledged detention is a complete negation of the guarantees contained in Article 5 of the Convention and discloses a particularly grave violation of its provisions (see Çiçek v. Turkey, no. 25704/94, § 164, 27 February 2001, and Luluyev and Others v. Russia, no. 69480/01, § 122, ECHR 2006-XIII (extracts)).
• EGMR, 09.11.2006 - 7615/02

  IMAKAÏEVA c. RUSSIE

  Auszug aus EGMR, 22.01.2019 - 50556/08

  The Court further finds that loss of earnings applies to close relatives of the disappeared persons, including spouses, elderly parents and minor children (see, among other authorities, Imakayeva v. Russia, no. 7615/02, § 213, ECHR 2006-XIII (extracts)).
• EGMR, 31.05.2016 - 58055/10

  DOSHUYEVA AND YUSUPOV v. RUSSIA
• EGMR, 04.10.2016 - 40001/08

  ABDULKHADZHIYEVA AND ABDULKHADZHIYEV v. RUSSIA