Постановление Европейского суда по правам человека от 02.04.2009 «Дело Сайдалиева и другие (Saydaliyeva and others) против России» [англ.]

n the present case and that it was so serious that it fell within the ambit of Article 3 of the Convention.
125. As regards the first and second applicants, the Court notes that for almost seven years they have had no news of Vakha Saydaliyev. Throughout this period the two women have persistently applied to various official bodies with enquiries about their son and life companion, both in writing and in person. Despite their attempts, the first and second applicants have never received any plausible explanation or information as to what became of Vakha Saydaliyev following his kidnapping. The Court's findings under the procedural aspect of Article 2 are also of direct relevance here.
126. In view of the above, the Court finds that the first and second applicants suffered distress and anguish as a result of the disappearance of their son and life companion and their inability to find out what happened to him. The manner in which their complaints have been dealt with by the authorities must be considered to constitute inhuman treatment contrary to Article 3.
127. The Court therefore concludes that there has been a violation of Article 3 of the Convention in respect of the first and second applicants and no violation of Article 3 of the Convention in respect of the third applicant.

VI. Alleged violation of Article 5 of the Convention

128. The applicants further stated that Vakha Saydaliyev 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

129. In the Government's opinion, no evidence was obtained by the investigators to confirm that Vakha Saydaliyev was had been deprived of his liberty in breach of the guarantees set out in Article 5 of the Convention.
130. The applicants reiterated the complaint.

B. The Court's assessment

1. Admissibility

131. 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 the complaint is not inadmissible on any other grounds and must therefore be declared admissible.

2. Merits

132. The Court has previously noted the fundamental importance of the guarantees contained in Article 5 to secure the right of individuals in a democracy to be free from arbitr



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