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Постановление Европейского суда по правам человека от 22.01.2009 «Дело Заурбекова и Заурбекова (Zaurbekova and Zaurbekova) против России» [англ.]





vestigation into the circumstances surrounding the disappearance of Isa Zaurbekov. It accordingly holds that there has been a violation of Article 2 of the Convention on that account.

III. Alleged violation of Article 3 of the Convention

88. The applicants complained that Isa Zaurbekov had been subjected to torture and inhuman treatment while being apprehended. The applicants further claimed that they had serious grounds to believe that he had also been ill-treated in custody. They also complained that they had suffered severe mental distress and anguish in connection with their relative's disappearance. The applicants referred to Article 3 of the Convention, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."

A. Alleged ill-treatment of the applicants' relative

89. The applicants maintained that there were serious reasons to believe that their relative had been ill-treated after being apprehended. They referred to applications submitted to the Court by other individuals claiming to be victims of similar violations, and to documents by human rights NGOs and the Council of Europe reporting numerous instances where people detained in Chechnya had been found dead, or had returned from custody, showing signs of torture or ill-treatment. The applicants further contended that the authorities had failed to investigate their allegation that their relative had been ill-treated.
90. The Government argued that there was no evidence that Isa Zaurbekov had been subjected to treatment prohibited by Article 3 of the Convention.
91. The Court reiterates that allegations of ill-treatment must be supported by appropriate evidence. To assess this evidence, the Court adopts the standard of proof "beyond reasonable doubt" but adds that such proof may follow from the coexistence of sufficiently strong, clear and concordant inferences or of similar unrebutted presumptions of fact (see Ireland v. the United Kingdom, cited above, § 161 in fine).
92. The Court has found it established that Isa Zaurbekov was detained on 11 February 2003 by State agents. It has also found that, in view of all the known circumstances, he can be presumed dead and that the responsibility for his death lies with the State authorities (see paragraphs 72, 74 and 75 above). However, in the absence of any relevant information or evidence the Court is unable to establish, to the necessary degree of proof, the exact way in which the applicant's son died and whether he was subjected to ill-treatment while in detention, and finds that this complaint has not been substantiated.
93. Against this background, the Court finds no violation of Article 3 of the Convention on this account.

B. Alleged mental suffering of the applicants

94. The applicants maintained that they had endured severe mental suffering falling within the scope of Article 3 of the Convention in view of the State's indifference to their close relative's disappearance.
95. In the Government's submission, there was no evidence that the applicants had been subjected to treatment prohibited by Article 3 of the Convention. In their view, the investigation had not breached the requirements of that provision. The Government also submitted that "the material in the criminal case file does not make it possible to assess the degree of the applicants' mental suffering", and that there had therefore been no breach of Article 3 of the Convention on that account.
96. 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 applicant a dimension and character distinct from the emotiona



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