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ALIYEV AND GADZHIYEVA v. RUSSIA

Doc ref: 11059/12 • ECHR ID: 001-156197

Document date: June 15, 2015

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ALIYEV AND GADZHIYEVA v. RUSSIA

Doc ref: 11059/12 • ECHR ID: 001-156197

Document date: June 15, 2015

Cited paragraphs only

Communicated on 6 June 2012 and 15 June 2015

FIRST SECTION

Application no 11059/12 Nizamudin Mingazhudinovich ALIYEV and Madina Gadzhimagomedovna GADZHIYEVA against Russia lodged on 22 February 2012

The facts and complaints in this case have been summarised in the Court ’ s Statement of facts and Questions to the parties , which is available in HUDOC.

QUESTIONS

1. Has the right to life, as guaranteed by Article 2 of the Convention, been violated in respect of Mr Sirazhudin Aliyev and Mr Gazimagomed Abdullayev ? Having regard to the Court ’ s previous findings that when a person is detained Makhachkala, Dagestan, by unidentified State agents without any subsequent acknowledgment of the detention, this can be regarded as life- threatening (see , for example, Umarovy v. Russia , no. 2546/08, § 118 , 12 June 2012), was the authorities ’ reaction in t he present case sufficient to comply with the positive obligation to safeguard the right to life?

2. Having regard to the procedural protection of the right to life (see Salman v. Turkey [GC], no. 21986/93, § 104, ECHR 2000-VII), has the investigation in the present case by the domestic authorities been sufficient to meet their obligation to carry out an effective investigation, as required by Article 2 of the Convention?

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