Постановление Европейского суда по правам человека от 02.07.2009 «Дело Пухигова (Pukhigova) против России» [англ.]

ements will include the proximity of the family tie, the particular circumstances of the relationship, the extent to which the family member witnessed the events in question, the involvement of the family member in the attempts to obtain information about the disappeared person and the way in which the authorities responded to those enquiries. The Court would further emphasise that 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. It is especially in respect of the latter that a relative may claim directly to be a victim of the authorities' conduct (see Orhan v. Turkey, No. 25656/94, § 358, 18 June 2002, and Imakayeva, cited above, § 164).
110. In the present case the Court notes that the missing person was the applicant's husband. For eight years the applicant has had no news of him. Throughout this period she has persistently applied to various official bodies with enquiries about Salman Abdulazizov, both in writing and in person. Despite her attempts, she has never received any plausible explanation or information as to what became of him following the kidnapping. The Court's findings under the procedural aspect of Article 2 are also of direct relevance here.
111. In view of the above, the Court finds that the applicant suffered distress and anguish as a result of the disappearance of her husband and her inability to find out what happened to him. The manner in which her complaints have been dealt with by the authorities must be considered to constitute inhuman treatment contrary to Article 3.
112. 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

113. The applicant further stated that Salman Abdulazizov was detained in violation of the guarantees of 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 who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation."

A. The parties' submissions

114. In the Government's opinion, no evidence was obtained by the investigators to confirm that Salman Abdulazizov was had been deprived of his liberty in breach of the guarantees set out in Article 5 of the Convention.
115. The applicant reiterated the complaint.

B. The Court's asses

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