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• Europäischer Gerichtshof für Menschenrechte

  UMAYEVY v. RUSSIA

  Art. 2, Art. 2 Abs. 1, Art. 3, Art. 5, Art. 5 Abs. 1, Art. 13, Art. 13+2 Abs. 1 MRK
  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 treatment ...

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• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  [ENG]

Wird zitiert von ... (3)Zitiert selbst (23)

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• EGMR, 27.09.1995 - 18984/91

  Auszug aus EGMR, 12.06.2012 - 47354/07

  The Court reiterates that the obligation to protect the right to life under Article 2 of the Convention, read in conjunction with the State's general duty under Article 1 of the Convention to "secure to everyone within [its] jurisdiction the rights and freedoms defined in [the] Convention", also requires by implication that there should be some form of effective official investigation when individuals have been killed as a result of the use of force (see, mutatis mutandis, McCann and Others v. the United Kingdom, 27 September 1995, § 161, Series A no. 324, and Kaya v. Turkey, 19 February 1998, § 86, Reports of Judgments and Decisions 1998-I).
• EGMR, 20.12.2004 - 50385/99

  Auszug aus EGMR, 12.06.2012 - 47354/07

  Whilst the Court agrees with the Government that the obligation to investigate is an obligation of result and not of means (see, for example, Makaratzis v. Greece [GC], no. 50385/99, § 74, ECHR 2004-XI), it considers that the omissions outlined above raise serious doubts as to the authorities" genuine determination to elucidate the crime and to bring those responsible to justice.
• EGMR, 09.11.2006 - 69480/01

  LOULOUÏEV ET AUTRES c. RUSSIE

  Auszug aus EGMR, 12.06.2012 - 47354/07

  The Court reiterates that in previous cases concerning disappearances in Chechnya which have come before it (see, among others, Bazorkina v. Russia, no. 69481/01, 27 July 2006; Imakayeva, cited above; Luluyev and Others v. Russia, no. 69480/01, ECHR 2006-XIII (extracts); Baysayeva v. Russia, no. 74237/01, 5 April 2007; Akhmadova and Sadulayeva, cited above; Alikhadzhiyeva v. Russia, no. 68007/01, 5 July 2007; and, more recently, Beksultanova v. Russia, no. 31564/07, 27 September 2011) it has repeatedly found that, in the context of the conflict in the Republic, when a person is detained by unidentified servicemen without any subsequent acknowledgment of detention, this can be regarded as life-threatening.

• EGMR, 09.11.2006 - 7615/02

  IMAKAÏEVA c. RUSSIE

  Auszug aus EGMR, 12.06.2012 - 47354/07

  In this respect it points out that in previous cases it has already found this explanation insufficient to justify the withholding of key information requested by it (see Imakayeva v. Russia, no. 7615/02, § 123, ECHR 2006-XIII (extracts)).
• EGMR, 01.03.2007 - 72967/01

  BELEVITSKIY v. RUSSIA

  Auszug aus EGMR, 12.06.2012 - 47354/07

  In respect of the complaints to higher-ranking prosecutors the Court also reiterates that it has consistently refused to consider that extraordinary remedy as a remedy to be exhausted by applicants in order to comply with the requirements of Article 35 § 1 of the Convention (see, among many other authorities, Trubnikov v. Russia (dec.), no. 9790/99, 14 October 2003; Belevitskiy v. Russia, no. 72967/01, § 59, 1 March 2007; and, more recently, Isayeva and Others v. Russia, nos.
• EGMR, 27.07.2006 - 69481/01

  BAZORKINA v. RUSSIA

  Auszug aus EGMR, 12.06.2012 - 47354/07

  The Court reiterates that in previous cases concerning disappearances in Chechnya which have come before it (see, among others, Bazorkina v. Russia, no. 69481/01, 27 July 2006; Imakayeva, cited above; Luluyev and Others v. Russia, no. 69480/01, ECHR 2006-XIII (extracts); Baysayeva v. Russia, no. 74237/01, 5 April 2007; Akhmadova and Sadulayeva, cited above; Alikhadzhiyeva v. Russia, no. 68007/01, 5 July 2007; and, more recently, Beksultanova v. Russia, no. 31564/07, 27 September 2011) it has repeatedly found that, in the context of the conflict in the Republic, when a person is detained by unidentified servicemen without any subsequent acknowledgment of detention, this can be regarded as life-threatening.
• EGMR, 05.04.2007 - 74237/01

  BAYSAYEVA v. RUSSIA

  Auszug aus EGMR, 12.06.2012 - 47354/07

  The Court reiterates that in previous cases concerning disappearances in Chechnya which have come before it (see, among others, Bazorkina v. Russia, no. 69481/01, 27 July 2006; Imakayeva, cited above; Luluyev and Others v. Russia, no. 69480/01, ECHR 2006-XIII (extracts); Baysayeva v. Russia, no. 74237/01, 5 April 2007; Akhmadova and Sadulayeva, cited above; Alikhadzhiyeva v. Russia, no. 68007/01, 5 July 2007; and, more recently, Beksultanova v. Russia, no. 31564/07, 27 September 2011) it has repeatedly found that, in the context of the conflict in the Republic, when a person is detained by unidentified servicemen without any subsequent acknowledgment of detention, this can be regarded as life-threatening.
• EGMR, 05.07.2007 - 68007/01

  ALIKHADZHIYEVA v. RUSSIA

  Auszug aus EGMR, 12.06.2012 - 47354/07

  The Court reiterates that in previous cases concerning disappearances in Chechnya which have come before it (see, among others, Bazorkina v. Russia, no. 69481/01, 27 July 2006; Imakayeva, cited above; Luluyev and Others v. Russia, no. 69480/01, ECHR 2006-XIII (extracts); Baysayeva v. Russia, no. 74237/01, 5 April 2007; Akhmadova and Sadulayeva, cited above; Alikhadzhiyeva v. Russia, no. 68007/01, 5 July 2007; and, more recently, Beksultanova v. Russia, no. 31564/07, 27 September 2011) it has repeatedly found that, in the context of the conflict in the Republic, when a person is detained by unidentified servicemen without any subsequent acknowledgment of detention, this can be regarded as life-threatening.
• EGMR, 15.11.2007 - 29361/02

  KUKAYEV v. RUSSIA

  Auszug aus EGMR, 12.06.2012 - 47354/07

  As regards the applicants" reference to Articles 3 and 5 of the Convention, the Court considers that, in the circumstances, no separate issue arises in respect of Article 13, read in conjunction with Articles 3 and 5 of the Convention (see Kukayev v. Russia, no. 29361/02, § 119, 15 November 2007, and Aziyevy v. Russia, no. 77626/01, § 118, 20 March 2008).
• EGMR, 26.04.2011 - 25091/07

  [FRE]

  Auszug aus EGMR, 12.06.2012 - 47354/07

  It is further noted that, in the context of military service, the Court has emphasised on several occasions that unregulated and arbitrary action by State agents is incompatible with effective respect for human rights and that the State must ensure, by putting in place a system of adequate and effective safeguards against arbitrariness and abuse of force, that its agents duly understand the limits of their power and that, in their actions, they are guided not only by the letter of the relevant professional regulations but also pay due regard to the pre-eminence of respect for human life as a fundamental value (see, among other authorities, Enukidze and Girgvliani v. Georgia, no. 25091/07, § 284, 26 April 2011, with further references).
• EGMR, 24.04.2003 - 24351/94

  AKTAS v. TURKEY
• EGMR, 08.01.2002 - 56413/00

  DOUGLAS-WILLIAMS v. THE UNITED KINGDOM
• EGMR, 02.12.2010 - 27065/05

  [ENG]
• EGMR, 01.12.2005 - 33914/02

  SKOROBOGATOVA v. RUSSIA
• EGMR, 24.02.2005 - 57948/00
• EGMR, 20.03.2008 - 77626/01

  AZIYEVY v. RUSSIA
• EGMR, 01.04.2010 - 2952/06

  [ENG]
• EGMR, 21.06.2011 - 43368/04

  ISAYEV AND OTHERS v. RUSSIA
• EGMR, 02.10.2008 - 12713/02

  LYANOVA AND ALIYEVA v. RUSSIA
• EGMR, 27.09.2011 - 31564/07

  [ENG]
• EGMR, 24.02.2005 - 57942/00

  KHASHIYEV AND AKAYEVA v. RUSSIA
• EGMR, 12.10.2006 - 60272/00

  ESTAMIROV AND OTHERS v. RUSSIA
• EGMR, 24.02.2005 - 57945/00

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• EGMR, 18.12.2012 - 2944/06

  [ENG]

  57947/00, 57948/00 and 57949/00, § 90, 24 February 2005; Belevitskiy v. Russia, no. 72967/01, § 59, 1 March 2007; and Umayevy v. Russia, no. 47354/07, § 94, 12 June 2012).
• EGMR, 04.07.2013 - 7461/08

  [ENG]

  Having regard to the previous cases concerning disappearances in Chechnya which have come before it (see, among many others, Bazorkina, cited above; Imakayeva v. Russia, no. 7615/02, ECHR 2006-XIII (extracts); Luluyev and Others v. Russia, no. 69480/01, ECHR 2006 VIII (extracts); Baysayeva v. Russia, no. 74237/01, 5 April 2007; Akhmadova and Sadulayeva, cited above; Alikhadzhiyeva v. Russia, no. 68007/01, 5 July 2007; and Umayevy v. Russia, no. 47354/07, 12 June 2012), the Court finds that in the context of the conflict in the Chechen Republic, when a person is detained by unidentified State agents without any subsequent acknowledgment of the detention, this can be regarded as life-threatening.
• EGMR, 14.03.2013 - 47215/07

  [ENG]

  Having regard to the previous cases concerning disappearances in Chechnya which have come before it (see, among many others, Bazorkina, cited above; Imakayeva, cited above; Luluyev and Others v. Russia, no. 69480/01, ECHR 2006-VIII (extracts); Baysayeva v. Russia, no. 74237/01, 5 April 2007; Akhmadova and Sadulayeva, cited above; Alikhadzhiyeva v. Russia, no. 68007/01, 5 July 2007; and Umayevy v. Russia, no. 47354/07, 12 June 2012), the Court finds that in the context of the conflict in the Chechen Republic, when a person is detained by unidentified servicemen without any subsequent acknowledgment of the detention, this can be regarded as life-threatening.