ECtHR decision in Suleymanov v. Russia (no. 32501/11) [Article 3 ECHR]

Friday, October 4, 2013

The case concerns the alleged ill-treatment and abduction of the applicant's son in Chechnya in May 2011. According to the applicant, his son was beaten and abducted by armed men in uniform while he was at work, and since then he has received no reliable news about him. Two days before, his son had been detained by police officers who had pressured him to confess to the preparation of a terrorist act. The applicant alleged violations of Article 3 (prohibition of torture and ill treatment), Article 5 (right to liberty and security) and Article 13 (right to an effective remedy).

The Court found a violation of Article 3 in its procedural aspect, as it established that the investigation into the alleged ill-treatment had not been diligent, thorough and effective. However, the Court did not declare violations of either Article 3 in its substantial aspect or of Article 5. Although it had been established beyond reasonable doubt that the applicant's son had been subjected to ill-treatment, the evidence before the Court was not sufficient to conclude that the authors had been State agents.

In the course of the investigation, the Court issued an interim measure under Rule 39 intended to provide the investigators examining the claim of the applicant's son's unlawful detention and ill-treatment with full access to the premises of the District Department of the Interior in order to ascertain whether he was detained there. It is the first time that the Court applied Rule 39 to an abduction case.

Click here to read the Court's press release on the case.

For the full judgement, visit the Court's website

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Actor of persecution or serious harm
Non-state actors/agents of persecution
Inhuman or degrading treatment or punishment
European Union