ECtHR in five judgments this week finds violations of the right to life, right to fair trial and protection of property

Week-ending 15 October 2021

This week the European Court of Human Rights handed down five judgments in relation to Russia, finding violations of Article 2 (right to life), Article 6 (fair trial) and Article 1 of Protocol No. 1 (protection of property).


12 October 2021

BOCHKAREVA v. RUSSIA

A violation of Article 2 of the Convention under its procedural limb; the respondent State is to pay the applicant, within three months, EUR 10,000 (ten thousand euros), plus any tax that may be chargeable to the applicant, 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.

BOYCHENKO v. RUSSIA

Art 2 (substantive) • Life • Positive obligations • Suicide of applicant’s son during contractual military service • No deficiencies in military forces’ system of psychological assessment and assistance • Failure to take appropriate steps to safeguard his life

Art 2 (procedural) •Domestic authorities’ failure to conduct an effective investigation

A violation of Article 2 of the Convention under its substantive limb; a violation of Article 2 of the Convention under its procedural limb; 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 26,000 (twenty-six thousand euros) 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, plus any tax that may be chargeable.

KHABIROV v. RUSSIA

Art 2 (substantive) • Life • Positive obligations • Death of applicant’s son during compulsory military service • No deficiencies in military forces’ system of psychological assessment and assistance • Adequate preventive operational measures

Art 2 (procedural) • Domestic authorities’ failure to conduct an effective investigation

A violation of Article 2 of the Convention under its procedural limb; 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, the following amountsto be converted into the currency of the respondent State at the rate applicable at the date of settlement: (i) EUR 20,000 (twenty thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 17,300 (seventeen thousand three hundred euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses.

SELIPETOVA v. RUSSIA

A violation of Article 2 of the Convention under its procedural limb; the respondent State is to pay the applicant, within three months, EUR 18,700 (eighteen thousand seven hundred 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.

14 October 2021

KADALA AND OTHERS v. RUSSIA

The applications disclose a breach of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention concerning the non-enforcement or delayed enforcement of domestic decisions; the respondent State has an outstanding obligation to secure, by appropriate means, within three months, the enforcement of the pending domestic judgments in the applicants’ favour referred to in the appended table; the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement.

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