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European Observer on fundamental right's respect

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Case Law 58463/ 2000; 74240/2001; 58701/ 2000 (04/10/2007)

Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 10/04/2007

Subject: The cases concern life-threatening attacks and extra-judicial executions of unarmed civilians by Russian servicemen in the Staropromyslovskiy district of Grozny, Chechnya, in January 2000. The applicants Yelena Goncharuk and Kheyedi Makhauri were shot and left for dead and Petimat Goygova’s mother and brother were shot and killed. The Court held unanimously that there had been: a violation of Article 2 (right to life) of the European Convention on Human Rights concerning the attacks on Ms Goncharuk and Ms Makhauri and the killing of Ms Goygova’s mother and brother; a violation of Article 2 of the Convention in all three cases concerning the failure to conduct an effective investigation into the attacks or killings; a violation of Article 13 (right to an effective remedy) in all three cases; no violation of Article 3 (prohibition of torture) in respect of the failure to protect Ms Goygova’s mother and brother from torture; and no violation of Article 34 (individual applications) in the case Goncharuk.

Parties: Gontcharouk c/ Russia; Goigova c/ Russia; Makhaouri c/ Russia

Classification: Dignity - Art. 2 Right to life - Art. 4 Torture - Inhuman punishments - Degrading punishments - Inhuman treatments - Degrading treatments - Justice - Art. 47 Right to an effective remedy before a tribunal