{"id":491,"date":"2009-05-11T03:21:56","date_gmt":"2009-05-11T10:21:56","guid":{"rendered":"http:\/\/www.waynakh.com\/eng\/?p=491"},"modified":"2009-05-11T03:21:56","modified_gmt":"2009-05-11T10:21:56","slug":"dokayev-and-others-dzhabrailova-gaziyeva-and-others-malsagova-and-others-v-russia","status":"publish","type":"post","link":"https:\/\/www.waynakh.com\/eng\/2009\/05\/dokayev-and-others-dzhabrailova-gaziyeva-and-others-malsagova-and-others-v-russia\/","title":{"rendered":"Dokayev and Others &#8211; Dzhabrailova &#8211; Gaziyeva and Others &#8211; Malsagova and Others v. Russia"},"content":{"rendered":"<p style=\"text-align: justify;\">The ECHR cases of Dokayev and Others v. Russia (application no. 16629\/05), Dzhabrailova v. Russia (application no. 1586\/05), Gaziyeva and Others v. Russia (application no. 15439\/05), Malsagova and Others v. Russia (application no. 27244\/03).<\/p>\n<p><!--more--><\/p>\n<p style=\"text-align: left;\"><span style=\"color: #ffffff;\">..<\/span><\/p>\n<p style=\"text-align: left;\"><span style=\"color: #ffffff;\"><br \/>\n<\/span><\/p>\n<p style=\"text-align: left;\">\n<p style=\"text-align: left;\"><span style=\"color: #ffffff;\">\u2026<\/span><\/p>\n<p style=\"text-align: left;\"><span style=\"color: #ffffff;\">.<\/span><\/p>\n<p class=\"Normal\" style=\"text-align: center;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">EUROPEAN COURT OF HUMAN RIGHTS<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: right;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">302<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"text-align: right;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">09.04.09<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: center;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Press release issued  by the Registrar<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: center;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Four Chamber judgments  against Russia<br \/>\nconcerning disappearances in Chechnya<\/span><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\"> The European Court of Human  Rights has today notified in writing four Chamber judgments concerning  Russia, none of which are final.  The applicants in all four cases alleged that their relatives disappeared  after being abducted by Russian servicemen and that the domestic authorities  failed to carry out an effective investigation into their allegations.  They relied in particular on Articles 2 (right to life), 3 (prohibition  of inhuman or degrading treatment), 5 (right to liberty and security)  and 13 (right to an effective remedy) of the European Convention on  Human Rights.<\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0<span class=\"Normal--Char\" style=\"font-weight: bold; font-style: italic;\">Dokayev and Others v. Russia <\/span>(no. 16629\/05)<\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\">The applicants in the first  case are 11 Russian nationals from three families who live in Grozny  (<a name=\"HIT1\"><\/a>Chechen Republic). They are the close relatives of Isa Dokayev, Ruslan  Askhabov and Isa Dubayev, born in 1969, 1962 and 1981, respectively.  The three men have not been seen since they were abducted from the Dokayev  family home in the early hours of 10\u00a0December 2002 by a group of masked  men in white camouflage uniforms, armed with machine guns and pistols.  Since the very day of the abduction the applicants have repeatedly applied  in person and in writing to various authorities searching for their  relatives. An investigation was opened into the disappearances, but  was discontinued on several occasions for failure to establish the whereabouts  of the three men or who abducted them. The investigation is still apparently  on-going. No documents related to it have been disclosed to the Court  despite its specific requests.<\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Violations of Article 2 (right to life in respect of Isa Dokayev,  Ruslan Askhabov and Isa Dubayev and lack of effective investigation  into their disappearance)<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"text-align: justify;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Violation of Article 3 (inhuman treatment as a result of mental suffering  of all applicants except Isa Dokayev\u2019<\/span><span class=\"Normal--Char\" style=\"font-weight: bold;\">s daughter, born after his abduction)<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"text-align: justify;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Violation of Article 5 (unacknowledged detention in respect of Isa  Dokayev, Ruslan Askhabov and Isa Dubayev)<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"text-align: justify;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Violation of Article 13 (lack of an effective remedy) in connection  with Article 2 <\/span><\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\">The Court awarded the applicants  sums ranging between EUR\u00a014,000 to EUR\u00a035,000 in respect of pecuniary  and non-pecuniary damage, and EUR\u00a05,500\u00a0in respect of costs and expenses.<\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0<span class=\"Normal--Char\" style=\"font-weight: bold; font-style: italic;\">Dzhabrailova v. Russia <\/span>(no. 1586\/05)<\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\">The applicant in the second  case is a Russian national who lives in Goyty (<a name=\"HIT2\"><\/a>Chechen Republic). She  is the mother of Khanpasha Dzhabrailov, born in 1976, who has not been  seen since the early hours of 10\u00a0April 2003 when he was abducted from  his family home by a group of masked men in camouflage uniforms, armed  with machine guns. The applicant complained in writing of the incident  on the day following her son\u2019s abduction. An investigation was opened  into the facts but was suspended on several occasions for failure to  establish the whereabouts of Mr Dzhabrailov or the persons who abducted  him. The applicant complained before the domestic courts that the investigation  was ineffective and that she had not been allowed access to the files.  It is unclear whether the courts examined her complaint regarding the  lack of progress with the investigation.<\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Violations of Article 2 (right to life in respect of Khanpasha Dzhabrailov  and lack of effective investigation into his disappearance)<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"text-align: justify;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Violation of Article 3 (inhuman treatment in respect of Khanpasha\u2019s  mother on account of her mental suffering)<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"text-align: justify;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Violation of Article 5 (unacknowledged detention in respect of Khanpasha  Dzhabrailov)<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\">The Court awarded the applicant  EUR\u00a035,000 in respect of non-pecuniary damage, and EUR\u00a03,233 in respect  of costs and expenses.<\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0<span class=\"Normal--Char\" style=\"font-weight: bold; font-style: italic;\">Gaziyeva and Others v. Russia <\/span>(no. 15439\/05)<\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\">The applicants in the third  case are three Russian nationals who live in Chechen-Aul (<a name=\"HIT3\"><\/a>Chechen Republic).  They are the wife and children of Abdul-Malik Shakhmurzayev, born in  1968, who has not been seen since the afternoon of 8\u00a0February 2001, when  he was abducted by men in masks and uniforms who had stopped his lorry  at a military roadblock. On 9\u00a0February, the wife of Mr Shakhmurzayev  spoke to two officers at the military commanders\u2019 offices in the village  of Gikalo and Urus-Martan district respectively, who confirmed that  her husband had been arrested by military servicemen and was being held  in the village of<br \/>\nTangi-Chu. An investigation into the facts was opened: the applicant  submitted that it had been temporarily suspended, while the Government  claimed that, although the whereabouts of Mr\u00a0Shakhmurzayev or the persons  who had abducted him had still not yet been established, the investigation  was on-going. Despite a specific request by the Court, the Government  did not disclose any documents from the investigation file referring  to the incompatibility of such an action with domestic legislation.<\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Violations of Article 2 (right to life in respect of Abdul-Malik Shakhmurzayev  and lack of effective investigation into his disappearance)<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"text-align: justify;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Violation of Article 3 (inhuman treatment in respect of Abdul-Malik\u2019s  wife and children on account of their mental suffering)<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"text-align: justify;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Violation of Article 5 (unacknowledged detention in respect of Abdul-Malik  Shakhmurzayev)<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"text-align: justify;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Violation of Article 13 (lack of an effective remedy) in connection  with Article 2<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\">The Court awarded jointly  to all applicants EUR\u00a010,000 in respect of pecuniary damage, EUR\u00a035,000  in respect of non-pecuniary damage, and EUR\u00a05,500 for costs and expenses.<\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold; font-style: italic;\">4.\u00a0Malsagova and Others v. Russia <\/span>(no. 27244\/03)<\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\">The applicants in the fourth  case are seven Russian nationals who live in Urus-Martan (<a name=\"HIT4\"><\/a>Chechen Republic).  They are the mother, brother and sisters of Saydi Malsagov, born in  1980, who has not been seen since the early hours of 7\u00a0November 2002  when he was abducted from his family home by a group of masked men in  camouflage uniforms, armed with machine guns and sniper rifles. Following  the abduction, the applicants repeatedly applied, both in person and  in writing, to various official bodies, in an attempt to find out what  happened to their relative. An investigation was opened into the case,  but was suspended on several occasions for failure to identify those  responsible for the abduction. Despite a specific request by the Court  to provide the investigation file, the Government provided only copies  of several decisions to suspend and resume the investigation, and to  grant victim status, referring to the incompatibility of disclosing  all documents with domestic legislation.<\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Violations of Article 2 (in respect of Saydi Malsagov and lack of  effective investigation into his disappearance)<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"text-align: justify;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Violation of Article 3 (inhuman treatment in respect of Saydi\u2019s  mother and two of his six siblings on account of their mental suffering,  and no violation in respect of the rest of his siblings)<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"text-align: justify;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Violation of Article 5 (unacknowledged detention in respect of Saydi  Malsagov)<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"text-align: justify;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Violation of Article 13 (lack of an effective remedy) in connection  with Article 2<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"text-align: justify;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Violation of Article 38\u00a71 (a) (refusal to submit documents requested  by the Court)<\/span><\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\">The Court awarded the applicants  sums ranging from EUR\u00a0750 to EUR\u00a027,000 in respect of pecuniary and non-pecuniary  damage, and EUR\u00a06,650\u00a0in respect of costs and expenses.<\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\">*********<\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\"><span class=\"Normal--Char\" style=\"font-weight: bold;\">Additional information concerning the Court\u2019s findings in these  cases<\/span><a style=\"text-decoration: none;\" href=\"http:\/\/cmiskp.echr.coe.int\/tkp197\/viewhbkm.asp?sessionId=23422951&amp;skin=hudoc-pr-en&amp;action=html&amp;table=F69A27FD8FB86142BF01C1166DEA398649&amp;key=72668&amp;highlight=chechen#02000002\"><span class=\"Footnote-0020Reference--Char\"><\/span><\/a><\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\">In all four cases the Court  found it established that the applicants\u2019 relatives had been apprehended  by State servicemen and that they had to be presumed dead following  their unacknowledged detention. In particular, in the cases of <span class=\"Normal--Char\" style=\"font-weight: bold; font-style: italic;\">Dokayev and Others <\/span>and <span class=\"Normal--Char\" style=\"font-weight: bold; font-style: italic;\">Gaziyeva and Others<\/span>, the applicants\u2019  allegations had been supported by witness statements produced by them  and collected by the investigation and, in the cases of <span class=\"Normal--Char\" style=\"font-weight: bold; font-style: italic;\">Dzhabrailova <\/span>and <span class=\"Normal--Char\" style=\"font-weight: bold; font-style: italic;\">Malsagova and Others<\/span>,<span class=\"Normal--Char\" style=\"font-weight: bold; font-style: italic;\"> <\/span>the applicants had presented a coherent  and consistent picture of their relatives\u2019 abduction. In all four  cases, there had been no news of the disappeared men for several years,  and their names had not been found in any official detention facilities\u2019  records. Inferences could also be drawn in all cases from the Government\u2019s  failure to submit copies of the investigation files in their exclusive  possession, or to provide a plausible explanation of the events in question.  Having noted that, in all four cases, the authorities had not provided  any justification for the unacknowledged detention of the missing men,  or otherwise accounted for the death of the applicants\u2019 relatives,  it had followed that the Government had been responsible for their presumed  deaths, and that there had therefore been a violation of Article 2 in  respect of all six men. <\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\">In all four cases, the  Court further held that there had been violations of Article\u00a02 relating  to the authorities\u2019 failure to carry out effective investigations  into the circumstances in which the applicants\u2019 relatives had disappeared.<\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\">The Court also found that  certain of the applicants had suffered and continued to suffer distress  and anguish as a result of the disappearance of their relatives and  their inability to find out what had happened to them. The manner in  which their complaints had been dealt with by the authorities had to  be considered to constitute inhuman treatment, in violation of Article\u00a03.<\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\">The Court found in particular  in all four cases that the applicants\u2019 relatives had been held in  unacknowledged detention without any of the safeguards contained in  Article\u00a05, which constituted a particularly grave violation of the right  to liberty and security enshrined in that article.<\/span><\/p>\n<p class=\"Normal\" style=\"margin-top: 12pt; text-align: justify;\"><span style=\"color: #000000;\">Lastly, in three of the  four cases, the Court held that there had been a violation of Article  13 in connection with Article 2, as the investigations into the disappearances  of the applicants\u2019 relatives had been ineffective and had consequently  undermined the effectiveness of any other remedies that might have existed.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The ECHR cases of Dokayev and Others v. Russia (application no. 16629\/05), Dzhabrailova v. Russia (application no. 1586\/05), Gaziyeva and Others v. Russia (application no. 15439\/05), Malsagova and Others v. Russia (application no. 27244\/03).<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"ngg_post_thumbnail":0,"footnotes":""},"categories":[15],"tags":[],"class_list":["post-491","post","type-post","status-publish","format-standard","hentry","category-echr-cases"],"views":1374,"_links":{"self":[{"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/posts\/491","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/comments?post=491"}],"version-history":[{"count":1,"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/posts\/491\/revisions"}],"predecessor-version":[{"id":492,"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/posts\/491\/revisions\/492"}],"wp:attachment":[{"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/media?parent=491"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/categories?post=491"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/tags?post=491"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}