The ECHR case of Elmurzayev and Others v. Russia (application no. 3019\/04).<\/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 429<\/span><\/span><\/p>\n 12.6.2008<\/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 in the case of Elmurzayev and Others v. Russia <\/span>(application no. 3019\/04).<\/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 Apti and Musa Elmurzayev;<\/span><\/span><\/p>\n \u00b7 <\/span>a violation of Article 2<\/span> of the Convention in respect of the failure to conduct an effective investigation into the circumstances in which Apti and Musa Elmurzayev had disappeared;<\/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 Apti and Musa Elmurzayev;<\/span><\/span><\/p>\n \u00b7 <\/span>a violation of Article 13<\/span> (right to an effective remedy) in conjunction with Article<\/span> 2<\/span>.<\/span><\/span><\/p>\n Under Article 41 (just satisfaction) of the Convention, and in respect of non-pecuniary damage, the Court awarded 5,000\u00a0euros\u00a0EUR to the second and third applicants jointly; EUR\u00a024,000 to the sixth, seventh and eighth applicants jointly; EUR\u00a024,000 to the ninth, tenth and eleventh applicants jointly, and EUR\u00a02,000 to the first, fourth, fifth and twelfth applicants each. The Court awarded the applicants EUR\u00a05,150 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 12 Russian nationals, Supian Khasanovich Elmurzayev, Zina Elmurzayeva, Khasan Katayevich Elmurzayev, Isa Khasanovich Elmurzayev, Aslanbek Khasanovich Elmurzayev, Zura Ismailovna Elmurzayeva, Beslan Musayevich Elmurzayev, Movsar Musayevich Elmurzayev, Larisa Shekhmirzayevna (Shakhmirzayevna) Mukhtarova, Mariam Aptiyevna Elmurzayeva (Mukhtarova), Magomed Aptiyevich Elmurzayev (Mukhtarov), Ayshat Khasanovna Elmurzayeva, who were born in 1963, 1933, 1933, 1954, 1967, 1964, 1984, 1986, 1978, 1999, 2001 and 1976, respectively, and live in Urus-Martan (Chechnya). They are the parents, spouses, siblings and children of Mr Apti Khasanovich Elmurzayev, who was born in 1969, and Mr Musa Khasanovich Elmurzayev, who born in 1956.<\/span><\/p>\n In separate incidents in July 2002 and January 2003 Mr Apti Elmurzayev and Mr Musa Elmurzayev were abducted at gunpoint from their home in the village of Martan-Chu by a group of armed men in uniforms. The abductions took place at around 2 a.m. and in neither case did the armed men produce a warrant or provide any explanation. Both men were blindfolded and had their hands tied with adhesive tape. Their relatives were ordered not to interfere and not to follow. On the first occasion a shot was fired when one of the applicants left the house to see what was happening. Neither of the brothers has been seen since their abduction.<\/span><\/p>\n The family members made repeated efforts to establish the two men\u2019s whereabouts, including contacting the military authorities, the prosecutor\u2019s office, the local department of the Federal Security Service (FSB) and local representatives of the Ministry of the Interior of the Chechen<\/strong> Republic. Criminal investigations were opened into both abductions. The investigations were suspended on several occasions and, although some investigative measures were taken, proved unable to identify the perpetrators.<\/span><\/p>\n In June 2006 the first applicant filed a complaint with the town court alleging that the investigation had been unreasonably long and had been erroneously suspended. He also complained that he had been denied access to the case-files. The town court\u2019s judgment noted defects in the investigations, including the failure to identify and question federal servicemen on checkpoint duty at the time and to identify and question the heads of local law-enforcement agencies. The first applicant was granted access to the file in the case concerning Apti Elmurzayev, but not allowed to make photocopies. He was not given access to the second file because he did not have victim status in that case. His appeal to the Supreme Court of the <\/a>Chechen Republic was dismissed.<\/span><\/p>\n 2. <\/span> Procedure and composition of the Court<\/span><\/span><\/p>\n The application was lodged with the European Court of Human Rights on 9\u00a0January 2004.<\/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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\nELMURZAYEV AND OTHERS v. RUSSIA<\/span><\/span><\/p>\n
\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