Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  UTSAYEVA AND OTHERS v. RUSSIA

  Art. 2, Art. 2 Abs. 1, Art. 3, Art. 5, Art. 5 Abs. 1, Art. 13, Art. 35, Art. 35 Abs. 1, Art. 38, Art. 38 Abs. 1 Buchst. a, Art. 41, Art. 13+2, Art. 13+3 MRK
  Preliminary objection dismissed (non-exhaustion of domestic remedies) Violation of Art. 2 (substantive apect) Violation of Art. 2 (procedural aspect) Violation of Art. 3 Violation of Art. 5 Violation of Art. 13+2 Violation of Art. 13+3 Violation of Art. 38-1-a ...

Verfahrensgang

• EGMR, 15.02.2007 - 29133/03
• EGMR, 29.05.2008 - 29133/03

Wird zitiert von ... (2)Neu Zitiert selbst (11)

• EGMR, 09.11.2006 - 7615/02

  IMAKAÏEVA c. RUSSIE

  Auszug aus EGMR, 29.05.2008 - 29133/03

  The facts of the case are linked to the application Imakayeva v. Russia (no. 7615/02, ECHR 2006-... (extracts)), in that the four relatives of the applicants in the present case were detained together with the husband of Marzet Imakayeva, Said-Magomed Imakayev, on 2 June 2002 in the village of Novye Atagi (see below).

  The search was primarily carried out by the mothers of the detained men, together with Marzet Imakayeva, the applicant in application no. 7615/02.

  Marzet Imakayeva, the wife of Said-Magomed Imakayev, the fifth man detained on 2 June 2002 in Novye Atagi, applied to the European Court of Human Rights (see Imakayeva v. Russia, no. 7615/02, 9 November 2006).

• EGMR, 08.07.1999 - 23657/94

  ÇAKICI v. TURKEY

  Auszug aus EGMR, 29.05.2008 - 29133/03

  Having regard to its above conclusions, it finds that there is a direct causal link between the violation of Article 2 in so far as the applicants complain about the disappearance of their sons and husband and the loss by them of the financial support which they could have provided (see, among other authorities, Çakıcı v. Turkey [GC], no. 23657/94, ECHR 1999-IV; Imakayeva, cited above, § 213).
• EGMR, 14.03.2002 - 46477/99

  PAUL ET AUDREY EDWARDS c. ROYAUME-UNI

  Auszug aus EGMR, 29.05.2008 - 29133/03

  These delays, for which there has been no explanation in the instant case, not only demonstrate the authorities' failure to act of their own motion but also constitute a breach of the obligation to exercise exemplary diligence and promptness in dealing with such a serious crime (see Paul and Audrey Edwards v. the United Kingdom, no. 46477/99, § 86, ECHR 2002-II).

 
• EGMR, 06.07.2005 - 43579/98

  Auszug aus EGMR, 29.05.2008 - 29133/03

  Finally, the Court notes that it is its standard practice to rule that awards in relation to costs and expenses are to be paid directly into the applicant's representatives' accounts (see, for example, ToÄ?cu, cited above, § 158; Nachova and Others v. Bulgaria [GC], nos. 43577/98 and 43579/98, § 175, ECHR 2005-VII; and Imakayeva, cited above).
• EGMR, 09.11.2006 - 69480/01

  LOULOUÏEV ET AUTRES c. RUSSIE

  Auszug aus EGMR, 29.05.2008 - 29133/03

  The Court notes with great concern that a number of cases have come before it which suggest that the phenomenon of "disappearances" is well known in Chechnya (see, among others, Bazorkina, cited above; Imakayeva, cited above; Luluyev and Others v. Russia, no. 69480/01, ECHR 2006-... (extracts); Baysayeva v. Russia, no. 74237/01, 5 April 2007; Akhmadova and Sadulayeva v. Russia, no. 40464/02, 10 May 2007; and Alikhadzhiyeva v. Russia, no. 68007/01, 5 July 2007).
• EGMR, 05.04.2007 - 74237/01

  BAYSAYEVA v. RUSSIA

  Auszug aus EGMR, 29.05.2008 - 29133/03

  The Court notes with great concern that a number of cases have come before it which suggest that the phenomenon of "disappearances" is well known in Chechnya (see, among others, Bazorkina, cited above; Imakayeva, cited above; Luluyev and Others v. Russia, no. 69480/01, ECHR 2006-... (extracts); Baysayeva v. Russia, no. 74237/01, 5 April 2007; Akhmadova and Sadulayeva v. Russia, no. 40464/02, 10 May 2007; and Alikhadzhiyeva v. Russia, no. 68007/01, 5 July 2007).
• EGMR, 05.07.2007 - 68007/01

  ALIKHADZHIYEVA v. RUSSIA

  Auszug aus EGMR, 29.05.2008 - 29133/03

  The Court notes with great concern that a number of cases have come before it which suggest that the phenomenon of "disappearances" is well known in Chechnya (see, among others, Bazorkina, cited above; Imakayeva, cited above; Luluyev and Others v. Russia, no. 69480/01, ECHR 2006-... (extracts); Baysayeva v. Russia, no. 74237/01, 5 April 2007; Akhmadova and Sadulayeva v. Russia, no. 40464/02, 10 May 2007; and Alikhadzhiyeva v. Russia, no. 68007/01, 5 July 2007).
• EGMR, 27.09.1995 - 18984/91

  McCANN AND OTHERS v. THE UNITED KINGDOM

  Auszug aus EGMR, 29.05.2008 - 29133/03

  The object and purpose of the Convention as an instrument for the protection of individual human beings also requires that Article 2 be interpreted and applied so as to make its safeguards practical and effective (see McCann and Others v. the United Kingdom, judgment of 27 September 1995, Series A no. 324, pp. 45-46, §§ 146-147).
• EGMR, 25.01.2000 - 34979/97

  WALKER v. THE UNITED KINGDOM

  Auszug aus EGMR, 29.05.2008 - 29133/03

  It marks out the temporal limits of the supervision carried out by the organs of the Convention and signals to both individuals and State authorities the period beyond which such supervision is no longer possible (see Walker v. the United Kingdom (dec.), no. 34979/97, ECHR 2000-I).
• EGMR, 13.06.2000 - 23531/94

  TIMURTAS c. TURQUIE

  Auszug aus EGMR, 29.05.2008 - 29133/03

  Failure on a Government's part to submit such information which is in their hands, without a satisfactory explanation, may not only give rise to the drawing of inferences as to the well-foundedness of the applicant's allegations, but may also reflect negatively on the level of compliance by a respondent State with its obligations under Article 38 § 1 (a) of the Convention (see Timurtas v. Turkey, no. 23531/94, § 66, ECHR 2000-VI).
• EGMR, 24.03.2005 - 21894/93

  AKKUM AND OTHERS v. TURKEY

• EGMR, 24.07.2014 - 28761/11

  Polen zahlt Schmerzensgeld für Haft in CIA-Gefängnis

  Although the structure of the Court's judgments traditionally reflects the numbering of the Articles of the Convention, it has also been customary for the Court to examine the Government's compliance with their procedural obligation under Article 38 of the Convention at the outset, especially if negative inferences are to be drawn from the Government's failure to submit the requested evidence (see, among other cases, Janowiec and Others v. Russia [GC], nos. 55508/07 and 29520/09, § 209, ECHR 2013-...; Shakhgiriyeva and Others v. Russia, no. 27251/03, §§ 134-140, 8 January 2009; Utsayeva and Others v. Russia, no. 29133/03, §§ 149-153, 29 May 2008; Zubayrayev v. Russia, no. 67797/01, §§ 74-77, 10 January 2008; and Tangiyeva v. Russia, no. 57935/00, §§ 73-77, 29 November 2007; see also paragraph 390 below).
• EGMR, 24.07.2014 - 7511/13

  Polen zahlt Schmerzensgeld für Haft in CIA-Gefängnis

  Although the structure of the Court's judgments traditionally reflects the numbering of the Articles of the Convention, it has also been customary for the Court to examine the Government's compliance with their procedural obligation under Article 38 of the Convention at the outset, especially if negative inferences are likely to be drawn from the Government's failure to submit the requested evidence (see, among other cases, Janowiec and Others v. Russia [GC], nos. 55508/07 and 29520/09, § 209, ECHR 2013-...; Shakhgiriyeva and Others v. Russia, no. 27251/03, §§ 134-140, 8 January 2009; Utsayeva and Others v. Russia, no. 29133/03, §§ 149-153, 29 May 2008; Zubayrayev v. Russia, no. 67797/01, §§ 74-77, 10 January 2008; and Tangiyeva v. Russia, no. 57935/00, §§ 73-77, 29 November 2007).