Communicated on 3 September 2018
THIRD SECTION
Application no. 83040/17
Liza Khamborovna TACHIYEVA
against Russia
lodged on 1 December 2017
STATEMENT OF FACTS
The applicant, Ms Liza Tachiyeva, is a Russian national, who was born in 1956 and lives in Moscow. She is represented before the Court by lawyers of Materi Chechni, an NGO in Grozny.
The applicant is the mother of Mr Islam Tachiyev (also spelt as Tochiyev), who was born in 1992.
The facts of the case, as submitted by the applicant, concern the same events as those described in the applications Khayauri v Russia (no. 33862/17) and Karsamauli v. Russia (no. 83409/17): .
The applicants in all three cases had the same legal representative on the domestic level and made similar attempts to initiate criminal proceedings into their relatives’ killings, but to no avail.
Relevant domestic law
For a summary of the relevant domestic regulations see Dalakov v. Russia, no. 35152/09, §§ 51-53, 16 February 2016.
COMPLAINTS
The applicant complains under Article 2 of the Convention that her son Islam Tachiyev was killed by State agents and that the authorities failed to effectively investigate the matter. Under Article 13 she alleges that she had no effective domestic remedies against the violations alleged.
QUESTIONS TO THE PARTIES
1. Has the right to life of the applicant’s son Mr Islam Tachiyev ensured by Article 2 of the Convention, been violated in the present cases? In particular, did his death result from a use of force which was absolutely necessary?
2. Having regard to the procedural protection of the right to life (see Salman v. Turkey [GC], no. 21986/93, § 104, ECHR 2000-VII), have the domestic authorities complied with the obligation to carry out an effective investigation into the death of Mr Islam Tachiyev as required by Article 2 of the Convention?
3. Did the applicant have at her disposal effective domestic remedies for her complaints under Article 2 as required by Article 13 of the Convention?
4. The Government are invited to provide:
- copy of the entire contents of the case file(s) of the pre-investigation inquiries carried out into the circumstances of the death of Mr Islam Tachiyev;
- copy of the entire contents of the criminal case file(s) opened in connection with those events;
- copy of all refusals to initiate a criminal investigation into the circumstances of the killing and/or the decisions to terminate criminal proceedings initiated against Mr Islam Tachiyev and copy of all domestic courts’ decisions taken on the appeals lodged against those decisions.
The Government are also invited to include a list of steps in the chronological order reflecting actions taken by the authorities in the respective pre-investigation inquiries and criminal proceedings.
Full & Egal Universal Law Academy