Sonstiges

• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  ZAKRIYEVA AND MURADOVA v. RUSSIA and 4 other applications

  Art. 2, Art. 2 Abs. 1, Art. 3, Art. 5, Art. 5 Abs. 1, Art. 13 MRK
  [ENG]

Wird zitiert von ...Neu Zitiert selbst (1)

• EGMR, 27.06.2000 - 21986/93

  Verursachung des Todes eines Gefangenen in türkischer Haft - Umfang der …

  Auszug aus EGMR - 22667/09

  (d) Having regard to the procedural protection of the right to life under Article 2 of the Convention (see Salman v. Turkey [GC], no. 21986/93, § 104, ECHR 2000-VII), was the investigation conducted by the domestic authorities into the disappearances of the applicants" missing relatives sufficient to meet their obligation to carry out an effective investigation, as required by Article 2 of the Convention?.

• EGMR, 22.01.2019 - 50556/08

  KUKURKHOYEVA AND OTHERS v. RUSSIA

  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.