April 2010

Akhmetov v Russia, 1 April 2010 
A violation of Article 3.
 
A violation of Article 1 of Protocol No. 1; that the question of the application of Article 41 is not ready for decision and accordingly: (a)  reserves the said question; (b)  invites the Government and the applicants to submit, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, their written observations on the matter and, in particular, to notify the Court of any agreement that they may reach; (c)  reserves the further procedure and delegates to the President of the Chamber the power to fix the same if need be.
 
A violation of Article 6 § 1 on account of lack of access to court; a violation of Article 6 § 1 on account of the excessive length of civil proceedings.
 
Gultyayeva v Russia, 1 April 2010
A violation of Article 3 on account of the conditions of the applicant's detention in Yuzhno-Sakhalinsk IZ-62/1 remand centre; a violation of Article 5 § 1 (c); a violation of Article 5 § 3.
 
Klein v Russia, 1 April 2010
Implementation of the extradition order against the applicant would give rise to a violation of Article 3 of the Convention; to continue to indicate to the Government under Rule 39 of the Rules of Court that it is desirable in the interests of the proper conduct of the proceedings not to extradite the applicant until such time as the present judgment becomes final or further order.
 
A violation of Article 6 § 1.
 
Margushin v Russia, 1 April 2010
A violation of Article 6 § 1 and Article 1 of Protocol No. 1 on account of discontinuation of the enforcement of the judgment of 28 March 2001 as upheld on 22 August 2001; that the respondent State, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, shall secure, by appropriate means, the enforcement of the judgment of 28 March 2001 as upheld on 22 August 2001.
 
A substantive violation of Article 2 in respect of Bashir Mutsolgov; a violation of Article 2 in respect of the failure to conduct an effective investigation into the circumstances in which Bashir Mutsolgov disappeared; a violation of Article 3 on account of the mental suffering endured by the first to fourth applicants; a violation of Article 5 in respect of Bashir Mutsolgov; a violation of Article 13 in respect of the alleged violation of Article 2.
 
Panasenko v Russia, 1 April 2010
A violation of Article 1 of Protocol No. 1.
 
Pavlenko v Russia, 1 April 2010
A violation of Article 13; a violation of Article 6 §§ 1 and 3 (c).
 
Tsareva v Russia, 1 April 2010
A violation of Article 6 on account of the quashing of the judgment in the applicant's favour by way of the supervisory review.
 
A substantive violation of Article 2 in respect of Magomed-Ali Abayev and Anvar Shaipov; a violation of Article 2 in respect of the failure to conduct an effective investigation into the circumstances in which Magomed-Ali Abayev and Anvar Shaipov disappeared; a violation of Article 3 in respect of the applicants; a violation of Article 5 in respect of Magomed-Ali Abayev and Anvar Shaipov; a violation of Article 13 in respect of the alleged violations of Article 2 of the Convention.
 
A violation of Article 2 on account of the State's failure to comply with its positive obligation to protect the life of Summaya Abdurashidova; a violation of Article 2 on account of the failure to conduct an effective investigation into the circumstances in which Summaya Abdurashidova died; a violation of Article 1 of Protocol No. 1 ; a violation of Article 13 in respect of the alleged violations of Article 2 and of Article 1 of Protocol No. 1.
 
Bezymyannyy v Russia, 8 April 2010
A violation of Article 10.
 
Bulychevy v Russia, 8 April 2010
A violation of Article 6 § 1 and Article 1 of Protocol No. 1.
 
Lutokhin v Russia, 8 April 2010
A violation of Article 3.
 
Mudayevy v Russia, 8 April 2010
A substantive violation of Article 2 in respect of Aslan and Mokhmad Mudayev; a violation of Article 2 in respect of the failure to conduct an effective investigation into the circumstances in which Aslan and Mokhmad Mudayev disappeared; a violation of Article 3 in respect of the failure to conduct an effective investigation into the allegations of ill-treatment of Aslan and Mokhmad Mudayev; a violation of Article 5 in respect of Aslan and Mokhmad Mudayev; a violation of Article 13 in conjunction with Article 2.
 
Sabayev v Russia, 8 April 2010 
A violation of Article 6 § 1.
 
Sadulayeva v Russia, 8 April 2010
A substantive violation of Article 2 in respect of Aslan Sadulayev; a violation of Article 2 in respect of the failure to conduct an effective investigation into the circumstances in which Aslan Sadulayev disappeared; a violation of Article 3 in respect of the applicant on account of her moral suffering; a violation of Article 5 in respect of Aslan Sadulayev; a violation of Article 13 in conjunction with Article 2.
 
Seriyevy v Russia, 8 April 2010
A substantive violation of Article 2 in respect of Sarali Seriyev; a violation of Article 2 in respect of the failure to conduct an effective investigation into the circumstances in which Sarali Seriyev disappeared; a violation of Article 3 of the Convention in respect of the applicants; a violation of Article 5 of the Convention in respect of Sarali Seriyev; a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention.
 
Sinichkin v Russia, 8 April 2010
A violation of Article 6 § 1 in conjunction with Article 6 § 3 (c).
 
A violation of Article 6 and of Article 1 of Protocol No. 1 in all cases on account of the quashing of the judgments in the applicants' favour by way of supervisory review; in respect of the applications by Mr Titov, Mrs Gladkova, Mrs V. Plotnikova and Mrs I. Plotnikova, that there has been a violation of Article 6 and Article 1 of Protocol No. 1 on account of non-enforcement of the judgments in their favour.
 
Tasatayevy v Russia, 8 April 2010
A violation of Article 2 in respect of Aslan and Aslanbek Tasatayev; a violation of Article 2 in respect of the failure to conduct an effective investigation into the circumstances in which Aslan and Aslanbek Tasatayev had disappeared; a violation of Article 3 in respect of the applicants; a violation of Article 5 in respect of Aslan and Aslanbek Tasatayev; a violation of Article 13 in conjunction with Article 2.
 
A substantive violation of Article 2 in respect of Usman Umalatov and Shamad Durdiyev; a violation of Article 2 in respect of the failure to conduct an effective investigation into the circumstances in which Usman Umalatov and Shamad Durdiyev disappeared; a violation of Article 3 in respect of the applicants; a violation of Article 5 in respect of Usman Umalatov and Shamad Durdiyev; a violation of Article 13 in respect of the alleged violations of Article 2 of the Convention.
 
Yershova v Russia, 8 April 2010
A violation of Article 6 and Article 1 of Protocol No. 1.
 
Slyusarev v Russia, 20 April 2010
A violation of Article 3.
 
Bik v Russia, 22 April 2010
A violation of Article 5 § 1.
 
Goroshchenya v Russia, 22 April 2010
A violation of Article 3; a violation of Article 5 § 3; a violation of Article 6 § 1.
 
Khatuyeva v Russia, 22 April 2010
A substantive violation of Article 2 in respect of Sultan Khatuyev; a violation of Article 2 in respect of the failure to conduct an effective investigation into the circumstances in which Sultan Khatuyev disappeared; a violation of Article 3 in respect of the applicant; a violation of Article 5 in respect of Sultan Khatuyev; a violation of Article 13 in respect of the alleged violation of Article 2 of the Convention.
 
Mutayeva v Russia, 22 April 2010
A substantive violation of Article 2 in respect of Luiza Mutayeva; a violation of Article 2 in respect of the failure to conduct an effective investigation into the circumstances in which Luiza Mutayeva disappeared; a violation of Article 3 in respect of the applicant; a violation of Article 5 in respect of Luiza Mutayeva; a violation of Article 13 in respect of the alleged violations of Article 2.
 
Sevastyanov v Russia, 22 April 2010
A been a violation of Article 6 § 1 in relation to the proceedings before the appeal instance court;  that the respondent State has not complied with its obligation under Article 34 in relation to the delivery of the Court's letter of 13 July 2004. 
 
Tupchiyeva v Russia, 22 April 2010
A substantive violation of Article 2 in respect of Vakhit Dzhabrailov; a violation of Article 2 in respect of the failure to conduct an effective investigation into the circumstances in which Vakhit Dzhabrailov disappeared; a violation of Article 3 in respect of the applicant; a violation of Article 5 in respect of Vakhit Dzhabrailov; a violation of Article 13 in conjunction with Article 2 of the Convention.
 
Khristoforov v Russia, 29 April 2010
A violation of Article 3.
 
Smetanko v Russia, 29 April 2010
A violation of Article 6 § 1 and Article 1 of Protocol No. 1 on account of the delayed enforcement of the judgment of 17 June 2005 in the applicant's favour.
 
Tugarinov v Russia, 29 April 2010
A violation of Article 6 § 1; a violation of Article 13.
 
A violation of Article 5 § 3.
 
 
 
 
 
 
 
Comments