Постановление Европейского суда по правам человека от 22.04.2010 «Дело Мутаева (Mutayeva) против России» [англ.]

n. Likewise, since it had not been established by the domestic investigation that Luiza Mutayeva had been abducted by State agents, the applicant's mental suffering could not be imputable to the State.
95. The applicant maintained her submissions.

B. The Court's assessment

1. Admissibility

96. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.

2. Merits

97. The Court has found on many occasions that in a situation of enforced disappearance close relatives of the victim may themselves be victims of treatment in violation of Article 3. The essence of such a violation does not mainly lie in the fact of the "disappearance" of the family member but rather concerns the authorities' reactions and attitudes to the situation when it is brought to their attention (see Orhan v. Turkey, cited above, § 358, and Imakayeva, cited above, § 164).
98. In the present case the Court notes that the applicant is the mother of the disappeared person who witnessed her abduction. For more than five years she has not had any news of her daughter. During this period of time the applicant has made enquiries of various official bodies, both in writing and in person, about Luiza Mutayeva. Despite her attempts, the applicant has never received any plausible explanation of information about what became of her daughter following her abduction. The responses she received mostly denied State responsibility for his relatives' arrest or simply informed her that the investigation was ongoing. The Court's findings under the procedural aspect of Article 2 are also of direct relevance here.
99. In view of the above, the Court finds that the applicant suffered distress and anguish as a result of the disappearance of Luiza Mutayeva and her inability to find out what had happened to her. The manner in which her complaints were dealt with by the authorities must be considered to constitute inhuman and degrading treatment contrary to Article 3.
100. The Court therefore concludes that there has been a violation of Article 3 of the Convention in respect of the applicant.

IV. Alleged violation of Article 5 of the Convention

101. The applicant further stated that Luiza Mutayeva had been detained in violation of the guarantees contained in Article 5 of the Convention, which reads, in so far as relevant:
"1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:...
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;
...
2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.
3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5. Everyone wh

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