Amirov v. Russia
Legal Relevance
Keywords: Relatives as Victims | Effective Remedy | Women and Girls | Duty to Investigate | Evidence
Themes: Persons and Groups Affected | Related Crimes
The Committee found that the State party had failed in its duty to adequately investigate allegations of torture put forward by the applicant. However, while reaffirming its views that the burden of proof cannot rest on the applicants alone, especially when there is a claim of violation of the right not to be tortured by State authorities, it did not find evidence of a direct violation of such a right with respect to the victim. In light of the horrific conditions in which the applicant found the victim's remains, followed by dilatory, sporadic investigative measures, the Committee made a finding of ill-treatment with respect to the victim's husband.
Judgment Date
April 2, 2009
Country
Russia
Judicial Body
Human Rights Committee
Articles violated
Article 2(3) [ICCPR], Article 6 [ICCPR], Article 7 [ICCPR]
Articles not violated / not dealt with
Article 6 [ICCPR], Article 26 [ICCPR]
Facts of the Case
On 11 January 2000, Mrs. Aïzan Amirova registered with the local police for permission to cross a checkpoint, and some witnesses saw her on 12 January 2000 at a bus stop where she and other two women were “taken captive by military officers”. Mrs. Amirova's body, presenting several injuries, was found on 7 May 2000 in Grozny, and the inquiry into her disappearance was closed. On 19 May 2000, the Prosecutor’s Office initiated a criminal investigation into the circumstances of her death, but forensic examination of her body was not performed. On 19 June 2000, the criminal case was closed for lack of “evidence of a crime”, and it was declared that Mrs. Amirova was "not a victim of a crime but rather died from pregnancy complications.” Mrs. Amirova’s husband asked for the investigation to be reopened, but his request was refused. The investigation was reopened and again suspended several times. On 31 August 2001, Mrs. Amirova’s death certificate was issued, stating that she died from a gunshot wound on 12 January 2000.