Imakayeva v. Russia
European Court of Human Rights
App. No. 7615/02, 2006-XIII Eur. Ct. H.R. (2006)
After an uprising in 1999 in Chechnya, Russia (defendant) sought to eliminate rebel fighters by detaining civilians. Some detainees were forcibly disappeared, tortured, or killed. Said-Khuseyn Imakayev, a dentist, was one such civilian detainee. In 2000 witnesses saw military personnel throw Imakayev into a military vehicle and carry him away. Imakayev was never seen again. Imakayev’s parents tried to investigate their son’s disappearance. The Russian government was not cooperative, opening and adjourning an investigation into what it regarded as Imakayev’s kidnapping several times over the course of two years. Imakayev’s mother, Marzet Imakayeva (plaintiff), filed a complaint with the European Court of Human Rights (the court), which sought information from Russia regarding the investigation. However, Russia refused to provide the court with any information. The court considered whether Imakayev could be presumed dead, having last been seen in state custody, and whether his death could be attributed to Russia as a violation of Article 2 of the European Convention on Human Rights (the convention), given Russia’s lack of cooperation.
Rule of Law
Holding and Reasoning (Per curiam)
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