Magomadova v Russia
Case No. 2393/05
Judgment date: 18 June 2009
In Magomadova the applicant’s son was taken from her home in Urus-Martan, Chechnya by Russian servicemen on 12 April 2002. The applicants was unable to establish the whereabouts or fate of her son despite searching for him and applying to various official bodies. The ECtHR ruled that the victim must be “presumed dead” following his detention by Russian servicemen, and that his death was attributable to the State, violating Art. 2 (right to life) ECHR. Russia’s failure to carry out an effective investigation into the disappearance constituted a further violation of Art. 2 and also amounted to a failure to provide the applicant with an effective domestic remedy in violation of Art. 13. The ECtHR held that the applicant’s suffering stemming from the disappearance of her son constituted inhuman treatment and violated Art. 3. The fact that the son was held in unacknowledged detention amounted to a violation of Art. 5 (right to liberty). 35,000 euros non-pecuniary damages were awarded in this case.
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