Постановление Европейского суда по правам человека от 12.02.2009 «Дело Бантаева и другие (Bantayeva and others) против России» [англ.]

.
(b) The complaint concerning the applicants' mental suffering

1. Admissibility

98. The Court notes that this part of the 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

99. The Court observes that the question whether a member of the family of a "disappeared person" is a victim of treatment contrary to Article 3 will depend on the existence of special factors which give the suffering of the applicants a dimension and character distinct from the emotional distress which may be regarded as inevitably caused to relatives of a victim of a serious human rights violation. Relevant elements 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).
100. In the present case, the Court observes that the disappeared Bantayev brothers were the applicants' close relatives. They were the sons of the first applicant; Abubakar Bantayev was the husband of the second applicant and the father of the fourth, sixth, seventh and eleventh applicants; Salman Bantayev was the husband of the third applicant and the father of the fifth, eighth, ninth and tenth applicants. For more than five years the applicants have not had any news of their close relatives. During this period the applicants have applied to various official bodies with enquiries about their family members, both in writing and in person. Despite their attempts, the applicants have never received any plausible explanation or information as to what became of their family members following their kidnapping. The responses received by the applicants mostly denied that the State was responsible for their arrest or simply informed them that an investigation was ongoing. The Court's findings under the procedural aspect of Article 2 are also of direct relevance here.
101. In view of the above, the Court finds that the applicants suffered distress and anguish as a result of the disappearance of their close relatives and their inability to find out what happened to them. The manner in which their complaints have been dealt with by the authorities must be considered to constitute inhuman treatment contrary to Article 3. At the same time the Court notes that the ninth applicant was born in August 2003, more than seven months after Salman Bantayev's disappearance. Having regard to this the Court does not find that this applicant has suffered such distress and anguish as a result of the disappearance of her father that it would amount to a violation of Article 3 of the Convention.
102. The Court therefore concludes that there has been a violation of Article 3 of the Convention in respect of the applicants, except the ninth applicant. It further finds that there has been no violation of Article 3 of the Convention in respect of the ninth applicant.

VI. Alleged violation of Article 5 of the Convention

103. The applicants further stated that Abubakar Bantayev and Salman



> 1 2 3 ... 13 14 15 ... 19 20 21

	Поделиться:	Tweet