Rechtsprechung
| EGMR - 51029/08, 50606/08, 14688/09, 53075/08, 27066/09, 36962/09, 58253/10, 14182/11, 22253/11, 77706/12 |
Sonstiges
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 - 51029/08
(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
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.