Judgments of the European Court of Human Rights: October 2013

ABDULKHANOV AND OTHERS v. RUSSIA
, 3 October 2013 
A violation of Article 2 in respect of the applicants and their relatives, as regards the use of lethal force and as regards the obligation to investigate; a violation of Article 13. 

ARAPKHANOVY v. RUSSIA, 3 October 2013 
A violation of Article 2 in respect of the killing of Beslan Arapkhanov; a violation of Article 2 in respect of the failure to conduct an effective investigation into the circumstances of the killing of Beslan Arapkhanov; a violation of Article 3 in respect of the second applicant on account of his ill-treatment by State servicemen; a violation of Article 3 in respect of the failure to conduct an effective investigation into the ill-treatment of the second applicant; a violation of Article 8 in respect of the first and fourth to tenth applicants on account of the search of their home; a violation of Article 13 in conjunction with the alleged violations of Article 2 in respect of the killing of Beslan Arapkhanov, Article 3 on account of the ill-treatment of the second applicant and Article 8 on account of the search of the first and fourth to tenth applicants’ home. 

KASPAROV AND OTHERS v. RUSSIA, 3 October 2013 
A violation of Article 6 as regards the first eight applicants; a violation of Article 11 as regards the first, second and fifth applicants. 

NIZOMKHON DZHURAYEV v. RUSSIA, 3 October 2013 
A violation of Article 3 on account of the applicant’s forced repatriation to Tajikistan; the respondent State has breached its obligations under Article 34 on account of its failure to comply with the interim measures issued by the Court; the respondent State failed to comply with its duty under Article 38 to furnish all necessary facilities for effective examination of the application by the Court; a violation of Article 5 § 4 on account of the delay in examining the applicant’s appeals against the detention order of 21 February 2011. 

ZELENEVY v. RUSSIA, 3 October 2013
A violation of Article 8. 

GAKAYEVA AND OTHERS v. RUSSIA, 10 October 2013 
A substantive violation of Article 2 in respect of the applicants’ relatives: Timerlan Soltakhanov, Aldam Yesiyev, Khamzat Alimkhanov, Sulim Khatulov, Akhmed Gazuyev, Usman Arzhiyev, Valid Arzhiyev, Khavazhi Elikhanov, Aslan Dzhamalov, Magomed Cherkasov, Ayub Istamulov, Musa Vakhidov and Robert Musayev; a procedural violation of Article 2 in respect of the failure to investigate effectively the disappearance of the applicants’ relatives; a violation of Article 3 in respect of the applicants, on account of their relatives’ disappearance and the authorities’ response to their suffering; a violation of Article 5 in respect of the applicants’ relatives on account of their unlawful detention; a violation of Article 13 in conjunction with Articles 2 and 3; a violation of Article 1 of Protocol 1 in application no. 73784/10. 

KAYKHANIDI v. RUSSIA, 10 October 2013 
A violation of Article 6 § 1 with regard to the quashing of the judgment in the applicant’s favour by way of supervisory review. 

SOROKIN v. RUSSIA, 10 October 2013
A violation of Article 3. 

YANDIYEV AND OTHERS v. RUSSIA, 10 October 2013 
A substantive violation of Article 2 in respect of the applicants’ relatives Timur Yandiyev, Adam Bersanov and Adam Arsamikov; a procedural violation of Article 2 in respect of the failure to investigate effectively the disappearance of the applicants’ relatives; a violation of Article 3 in respect of the applicants, on account of their relatives’ disappearance and the authorities’ response to their suffering; a violation of Article 5 in respect of the applicants’ relatives, on account of their unlawful detention; a violation of Article 13 in conjunction with Articles 2 and 3. 

YEMELIN v. RUSSIA, 10 October 2013
A violation of Article 3 on account of the applicant’s detention in the temporary detention centre in Volsk on several occasions between 15 June and 17 August 2007; a violation of Article 6 § 1 and Article 1 of Protocol No. 1 in respect of the delayed enforcement of the judgment in the applicant’s favour. 

KELLER v. RUSSIA, 17 October 2013
A violation of Article 2 on account of the authorities’ failure to safeguard the right to life of V.K.; a violation of Article 3 under its procedural limb on account of the authorities’ failure to conduct an effective investigation into the origin of V.K.’s injuries. 

KLYUKIN v. RUSSIA, 17 October 2013 
A violation of Article 3 on account of the conditions of the applicant’s detention in remand prison no. IZ-77/3 in Moscow from 18 (or 19) April 2006 to 13 June 2007 and correctional colony no. IK-16 in the Nizhniy Novgorod Region between 27 June 2007 and 16 April 2008; a violation of Article 13. 

SERGEY VASILYEV v. RUSSIA, 17 October 2013 
A violation of Article 3 on account of the conditions of the applicant’s detention in remand prison no. IZ-44/1 in Kostroma from 21 October 2005 to 3 April 2007; a violation of Article 13; a violation of Article 5 § 3. 

VLADIMIR BELYAYEV v. RUSSIA, 17 October 2013 
No violation of Article 3. 

JANOWIEC AND OTHERS v. RUSSIA, 21 October 2013
The respondent State failed to comply with their obligations under Article 38 of the Convention. 

DMITRIYEV v. RUSSIA, 24 October 2013 
A violation of Article 3; a violation of Article 6 § 1. 

DOVLETUKAYEV AND OTHERS v. RUSSIA, 24 October 2013 
A substantive violation of Article 2 in respect of the applicants’ relatives Aslan Dovletukayev, Khizir Gulmutov, Islam Tazurkayev, Abubakar Tazurkayev and Supyan Khutsayev; a procedural violation of Article 2 in respect of the failure to investigate effectively the abductions and deaths of the applicants’ relatives Aslan Dovletukayev, Khizir Gulmutov, Islam Tazurkayev and Supyan Khutsayev and the disappearance of Abubakar Tazurkayev; a violation of Article 3 in respect of the applicants in Tazurkayeva and Others (application no. 14046/10) on account of their mental suffering; a violation of Article 5 in respect of the applicants’ relatives on account of their unlawful detention; a violation of Article 13 in conjunction with Article 2 in Dovletukayev (application no. 7821/07), Magomadova (application no. 10937/10) and Khutsayeva (application no. 32782/10) and in conjunction with Articles 2 and 3 in Tazurkayeva and Others (application no. 14046/10). 

LAPSHOV v. RUSSIA, 24 October 2013 
A violation of Article 3. 

PAKHOMOVA v. RUSSIA, 24 October 2013
A violation of Article 8. 

SHCHERBAKOV v. RUSSIA (No. 2), 24 October 2013 
A violation of Article 13 on account of the lack of effective remedy in respect of the applicant’s complaint under Article 3 about the conditions of his detention; a violation of Article 3 on account of the conditions of his detention in remand prison no. IZ-71/1 in Tula from 19 November 2004 to 15 May 2008; a violation of Article 5 § 3 on account of the length of the applicant’s pre-trial detention; a violation of Article 5 § 4 on account of the domestic court’s failure to examine speedily the applicant’s appeal against the detention order of 1 November 2006. 

ZAKHAROVA v. RUSSIA, 24 October 2013 
A violation of Article 6 and Article 1 of Protocol No. 1 as to non‑enforcement of the judgment of 13 May 2002; a violation of Article 6 as to the lack of access to a court. 

EDUARD ROZHKOV v. RUSSIA, 31 October 2013 
A violation of Article 6 § 1 in conjunction with Article 6 § 3 (c). 

GROSSMAN v. RUSSIA, 31 October 2013
A violation of Article 3; a violation of Article 13; a violation of Article 5 § 3. 

TOVBULATOVA AND OTHERS v. RUSSIA, 31 October 2013
A substantive violation of Article 2 in respect of the applicants’ relatives Magomed Edilov, Akhamdi Isayev, Ali Vadilov, Bulat Chilayev and Aslan Israilov; a procedural violation of Article 2 in respect of the failure to investigate effectively the disappearance of the applicants’ relatives; a violation of Article 3 in respect of the applicants, on account of their relatives’ disappearance and the authorities’ response to their suffering; a violation of Article 5 in respect of the applicants’ relatives, on account of their unlawful detention; a violation of Article 13 in conjunction with Articles 2 and 3. 

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