Isayeva v. Russia; Yusupova v. Russia; Bazayeva v. Russia

Isayeva v. Russia; Yusupova v. Russia; Bazayeva v. Russia

Comments:
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision. The Court held that the aerial missile attack, during which the first applicant's two children had been killed and the first and second applicants wounded, was disproportionate for the following reasons: The failure of the authorities to take into account the traffic jam in the humanitarian corridor used by the applicants in the planning of the attack; The use of very powerful weapon; The absence of a provision in the domestic legislation governing the use of force by Russia's agents in such circumstances. The Court also found that the authorities had failed to carry out an effective investigation into the circumstances of the attack on the civilian convoy. In consideration of the above, the Court concluded a violation of Art. 2 ECHR. Finally, the Court found that the destruction of Mrs. Bazayeva's family's vehicles and household items resulting from the aerial attack constituted a grave and unjustified interference with her peaceful enjoyment of her possessions. There has thus been a violation of Art. 1 of Protocol No. 1 (protection of property).
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