Week-ending 3 September 2021
This week the European Court of Human Rights handed down one judgment in the case of Estemirova v. Russia, finding violations of Article 2 (right to life) and Article 38 (examination of the case).
ESTEMIROVA v. RUSSIA, 31 August 2021
Art 2 (substantive and procedural) • Life • Effective investigation • Not established “beyond reasonable doubt” that State agents were responsible for the abduction and murder of a human rights activist • Inadequate investigation, given identified shortcomings and failure of Government to submit entire investigation file
Art 38 • Government’s failure to furnish all necessary facilities
A violation of Article 2 of the Convention under its procedural limb; the State has failed to comply with its obligations under Article 38 of the Convention; the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 20,000 (twenty thousand euros), plus any tax that may be chargeable, in respect of non‑pecuniary damage, to be converted into the currency of the respondent State at the rate applicable at the date of settlement.
