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Постановление Европейского суда по правам человека от 22.01.2009 «Дело Самбиев и Покаева (Sambiyev and Pokayeva) против России» [англ.]





endured.

B. The Court's assessment

1. Admissibility

(a) The complaint concerning the alleged ill-treatment of Mr Anzor Sambiyev
70. The Court, having regard to Article 37 of the Convention, finds that the applicants do not intend to pursue this part of the application, within the meaning of Article 37 § 1 (a). The Court also finds no reasons of a general character, affecting respect for human rights, as defined in the Convention, which require further examination of the present complaints by virtue of Article 37 § 1 of the Convention in fine (see, for example, Chojak v. Poland, No. 32220/96, Commission decision of 23 April 1998, unpublished; Singh and Others v. the United Kingdom (dec.), No. 30024/96, 26 September 2000; and Stamatios Karagiannis v. Greece, No. 27806/02, § 28, 10 February 2005).
71. It follows that this part of the application must be struck out in accordance with Article 37 § 1 (a) of the Convention.
(b) The complaint concerning the applicants' mental suffering
72. 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

73. 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, cited above, § 358, and Imakayeva v. Russia, No. 7615/02, § 164, ECHR 2006-... (extracts)).
74. In the present case the Court notes that the applicants are the parents of Mr Anzon Sambiyev, who was abducted in the evening of 10 April 2002 and whose dead body was found in the morning of the next day. It observes that this case is distinct from the majority of other cases concerning disappearances in the Chechen Republic that have come before the Court in that the applicants' son could be considered a "disappeared person" for no more than several hours. It further notes that its findings under the procedural aspect of Article 2 (see paragraph 64 above) to the effect that the investigators took sufficient steps to safeguard the interests of the next of kin in the proceedings are also of direct relevance here. In view of the above, the Court considers that in the present case no separate issues arise under this Convention provision beyond those already examined under Article 2 of the Convention and Article 13 of the Convention (below) (see Tangiyeva v. Russia, No. 57935/00, § 104, 29 November 2007).
75. In these circumstances, while the Court does not doubt that the death of their son caused the applicants profound suffering, it nevertheless finds no basis for finding a violation of Article 3 of the Convention in this context.

IV. Alleged violation of Article 5 of the Convent



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