Enforced Disappearance Legal Database

Bazorkina v. Russia

Key Judgment


Legal Relevance

Burden of Proof | Evidence

The Court reiterated and applied the principle that, in cases where the events in question lie within the exclusive knowledge of the authorities, strong presumptions of fact will arise in respect of death that may have occurred while the victim was in state control. It also noted and applied the principle that the "burden of proof may be regarded as resting on the authorities to provide a satisfactory and convincing explanation" of what happened to someone who was within their control finding that the state in this case had failed to provide any plausible explanation as to what happened to Mr. Khadzhi-Murat Yandiyev after his detention.

Judgment Date

July 27, 2006

Country

Russia

Judicial Body

European Court of Human Rights

Articles violated

Article 2 (substantive) [ECHR], Article 3 [ECHR], Article 5 [ECHR], Article 13 [ECHR]

Articles not violated / not dealt with

Article 3 [ECHR], Article 8 [ECHR], Article 13 [ECHR], Article 34 [ECHR], Article 38 [ECHR]

Facts of the Case

The Applicant alleged that her son disappeared after being detained by Russian military officers on 2 February 2000. Mr. Khadzhi-Murat Aslanbekovich Yandiyev left his university in Moscow in August 2009 and has not been heard of since. On 2 February 2000 the Applicant saw her son on a news broadcast about the capture of Alkhan-Kala by the Russian forces. He was wearing a camouflage uniform and was being interrogated by a Russian officer, who was also wearing camouflage. Toward the end of the clip the officer is recorded saying "Take him away, damn it, finish him off there, shit, - that’s the whole order. Get him out of here, damn it. Come on, come on, come on, do it, take him away, finish him off, shoot him, damn it".

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