Relying on Articles 2 (right to life), 8 (right to respect for private and family life), 13 (right to an effective remedy) and Article 1 of Protocol No. 1 (protection of property), the applicants alleged that, as a result of the Russian authorities’ failure to mitigate the consequences of the mudslides from 18 to 25 July 2000, the authorities put their lives at risk and were responsible for the death of Mr Budayev and the destruction of their homes. They also complained under Article 2 that the authorities failed to carry out a judicial enquiry into the disaster.
The Court held unanimously that there had been:
- a violation of Article 2 (right to life) of the European Convention on Human Rights on account of Russia’s failure to protect the life of Vladimir Budayev, and, the applicants and the residents of Tyrnauz from mudslides which devastated their town in July 2000;
- a violation of Article 2 of the Convention on account of the lack of an adequate judicial enquiry into the disaster;
- no violation of Article 1 of Protocol No. 1 (protection of property); and,
- no violation of Article 13 (right to an effective remedy) in conjunction with Article 1 of Protocol No. 1.
English
Jurisdiction:
Council of Europe - European Court of Human Rights
Article 2 - Right to life
Article 13 - Right to an effective remedy
Article 1 Protocol 1 - Protection of property
Subject:
Human rights
Rights of residents
Right to property
