The ECHR case of Ibragimov and others v. Russia (application no. 34561\/03).<\/p>\n
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..<\/span><\/p>\n \n \u2026<\/span><\/p>\n .<\/span><\/p>\n EUROPEAN COURT OF HUMAN RIGHTS<\/span><\/span><\/p>\n 390<\/span><\/span><\/p>\n 29.5.2008<\/span><\/span><\/p>\n Press release issued by the Registrar<\/span><\/span><\/p>\n CHAMBER JUDGMENT<\/span> The European Court of Human Rights has today notified in writing its Chamber judgment<\/sup><\/span><\/span><\/a> in the case of Ibragimov and Others v. Russia <\/span>(application no. 34561\/03).<\/span><\/p>\n The Court held unanimously that there had been:<\/span><\/p>\n \u00b7 <\/span>a violation of Article 2<\/span> (right to life) of the European Convention on Human Rights in respect of Rizvan Ibragimov;<\/span><\/span><\/p>\n \u00b7 <\/span>a violation of Article 2<\/span> in respect of the failure to conduct an effective investigation into the disappearance of Rizvan Ibragimov;<\/span><\/span><\/p>\n \u00b7 <\/span>a violation of Article 3<\/span> (prohibition of inhuman or degrading treatment) in respect of the applicants;<\/span><\/span><\/p>\n \u00b7 <\/span>a violation of Article 5<\/span> (right to liberty and security) in respect of Rizvan Ibragimov;<\/span><\/span><\/p>\n \u00b7 <\/span>a violation of Article 13<\/span> (right to an effective remedy).<\/span><\/span><\/p>\n Under Article 41 (just satisfaction) of the Convention, the Court awarded, in respect of non-pecuniary damage, 25,000\u00a0euros\u00a0(EUR) to Umtazh Ibragimov and Tamara Ibragimova jointly, and EUR\u00a02,500 to each of the other applicants. The Court awarded the applicants EUR\u00a05,650 for costs and expenses (The judgment is available only in English.)<\/span><\/p>\n 1.\u00a0\u00a0Principal facts<\/span><\/span><\/p>\n The applicants are six Russian nationals, Umtazh Ibragimov, Tamara Ibragimova, Zulikhan Ibragimova, Yakha Ibragimova, Magomed Ibragimov and Ayznat Ibragimova, who were born in 1938, 1953, 1974, 1985, 1987, and 1988 respectively and, at the relevant time, lived in Urus-Martan (Chechnya). They are the parents, sisters and brother of Rizvan Ibragimov, born in 1977.<\/span><\/p>\n At about 2 a.m. on the night of 28 to 29 December 2002 a group of five men in camouflage uniforms forcibly entered the Ibragimovs\u2019 home in Urus-Martan where the first two applicants\u2019 son, Rizvan Ibragimov, was staying. Three of them were wearing balaclava masks. They did not produce identity papers and gave no explanations.<\/span><\/p>\n Rizvan Ibragimov was taken outside by the uniformed personnel who threatened to shoot the first applicant when he tried to follow them. Other armed men in camouflage uniforms were standing in the courtyard and waiting outside the gate.<\/span><\/p>\n The first applicant followed the servicemen at a distance and saw them taking his son in the direction of a street where two armoured personnel carriers (\u201cAPCs\u201d) and an Ural vehicle were parked, 600-700\u00a0metres from the applicants\u2019 house.<\/span><\/p>\n Eye-witness written statements confirmed that around forty armed men in camouflage uniforms who had arrived in two APCs and one Ural vehicle were seen bringing back a man who looked like Rizvan Ibragimov. The vehicles then drove away towards the centre of Urus-Martan.<\/span><\/p>\n The Government\u2019s version of events as established by the Prosecutor General\u2019s Office was that at about 2.20 a.m. on 29 December 2002 unidentified persons armed with machine guns and wearing camouflage uniforms and masks had entered the Ibragimovs\u2019 house and kidnapped Rizvan Ibragimov, and that the latter\u2019s whereabouts had not been discovered.<\/span><\/p>\n Since 29 December 2002 the applicants, primarily the first applicant, have been searching for Rizvan Ibragimov. They applied to various official bodies both in person and in writing, trying to find out his whereabouts and what had happened to him, arguing that he must have been detained by representatives of State agencies, because the armed men had arrived in a large group during curfew hours and had worn uniforms similar to those used by the Russian troops. <\/span><\/p>\n In January 2003 the district prosecutor\u2019s office opened a criminal investigation file into the abduction of Rizvan Ibragimov by unknown armed persons. After numerous suspensions of the investigation and various complaints and representations made by the first applicant in particular, in September 2006 the district prosecutor\u2019s office informed the applicants that all the necessary measures had been taken to solve the crime and that the investigation had been suspended in August 2006.<\/span><\/p>\n Despite specific requests by the Court the Government failed to disclose the main contents of the criminal file, providing only procedural details. The Government stated that the investigation was in progress and that disclosure of the documents would be in violation of Article 161 of the Code of Criminal Procedure, since the file contained information of a military nature and personal data concerning witnesses or other participants in criminal proceedings.<\/span><\/p>\n The first applicant also brought proceedings challenging the failure on the part of the district prosecutor\u2019s office to carry out the investigation and requested that the investigative measures be carried out and that he be allowed access to the investigation file.<\/span><\/p>\n This complaint was dismissed by the Urus-Martan Town Court. As for the alleged lack of access to the case file, the town court found that the right to have access to the materials of a criminal case file did not arise before the completion of the investigation. The Supreme Court of the <\/a>Chechen Republic upheld the town court\u2019s judgment on 3\u00a0November 2004.<\/span><\/p>\n 2.\u00a0\u00a0Procedure and composition of the Court<\/span><\/span><\/p>\n The application was lodged with the European Court of Human Rights on 22\u00a0September 2003.<\/span><\/p>\n Judgment was given by a Chamber of seven judges, composed as follows:<\/span><\/p>\n Christos Rozakis<\/span> (Greek), President<\/span>, and also S\u00f8ren Nielsen<\/span>, Section Registrar<\/span><\/span>.<\/span><\/p>\n
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\nIBRAGIMOV AND OTHERS v. RUSSIA<\/span><\/span><\/p>\n
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\nAnatoly Kovler<\/span> (Russian),
\nElisabeth Steiner<\/span> (Austrian),
\nDean Spielmann<\/span> (Luxemburger),
\nSverre Erik Jebens<\/span> (Norwegian),
\nGiorgio Malinverni<\/span> (Swiss),
\nGeorge Nicolaou<\/span> (Cypriot), judges<\/span>,<\/p>\n