Постановление Европейского суда по правам человека от 08.04.2010 «Дело Сериевы (Seriyevy) против России» [англ.]

ions.

B. The Court's assessment

1. Admissibility

a. The applicants' complaint in respect of Bilkis Askhabayeva
106. Firstly, the Court notes that this complaint does not raise a separate issue as the Court has consistently refused to extend the application of Article 3 to the relatives of persons who have been killed by the authorities in violation of Article 2, as opposed to the relatives of the victims of forced disappearances (see Yasin {Ates} v. Turkey, No. 30949/96, § 135, 31 May 2005). Secondly, it should be noted that the applicants had already been awarded non-pecuniary damages by domestic courts for the mental and emotional suffering they endured in connection with the death of Bilkis Askhabayeva (see paragraphs 18 and 19 above). In these circumstances, the Court concludes that the applicants' complaint under Article 3 of the Convention in respect of the death of Bilkis Askhabayeva must be rejected as manifestly ill-founded pursuant to Article 35 §§ 3 and 4 of the Convention.
b. The applicants' complaint in respect of Sarali Seriyev
107. The Court notes that this complaint under Article 3 of the Convention 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

108. The Court has found on many occasions that in a situation of forced 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, No. 25656/94, § 358, 18 June 2002, and Imakayeva, cited above, § 164).
109. In the present case the Court notes that the applicants are close relatives of the disappeared person, who witnessed his abduction and were involved in searching for him. For several years they have not had any news of the missing man. During this period the applicants have made enquiries of various official bodies, both in writing and in person, about their missing relative. Despite their attempts, the applicants have never received any plausible explanation or information about what became of Sarali Seriyev following his detention. The responses they received mostly denied State responsibility for their relative's arrest or simply informed them that the investigation was ongoing. The Court's findings under the procedural aspect of Article 2 are also of direct relevance here.
110. The Court therefore concludes that there has been a violation of Article 3 of the Convention in respect of the applicants.

V. Alleged violation of Article 5 of the Convention

111. The applicants further stated that Sarali Seriyev 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)

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