Relying on Article 2 (right to life) and Article 3 (prohibition of inhuman or degrading treatment) of
the European Convention, the applicant complains of her son’s ill-treatment and death during his
compulsory military service. Under Article 13 (right to an effective remedy) in conjunction with
Articles 2 and 3, she complains that the domestic courts had dismissed her claim against the State
for compensation for non-pecuniary damage.
Violation of Article 2 (right to life)
Violation of Article 13 in conjunction with article 2
Just satisfaction:
non-pecuniary damage: 26,000 euros (EUR)
The applicant did not submit any claims for costs and expenses.
Lyubov Vasilyeva v. Russia (no. 62080/09)
The applicant, Lyubov Mikhaylovna Vasilyeva, is a Russian national who was born in 1960 and lives in
Tyrgetuy (Russia).
The case concerns the suicide of the applicant’s son during his compulsory military service whilst
being transferred to a new military unit after bouts of hazing, and the subsequent investigation into
his death. In his suicide letter, he explained that he knew what senior conscripts in his new unit
would do to him for having reported the hazing, so he had decided to kill himself before his name
and honour were sullied.
Relying on Article 2 (right to life) of the Convention, the applicant complains that the State failed to
protect the life of her son and to carry out an effective investigation into the circumstances of his
death; she complains in particular of the alleged negligence on the part of her son’s military
superiors and of the psychologists.
Violation of Article 2 (right to life)
No violation of Article 2 (investigation)
Just satisfaction:
non-pecuniary damage: EUR 20,000
costs and expenses: EUR 7,300
Nevzlin v. Russia (no. 26679/08)
The applicant, Leonid Borisovich Nevzlin, is an Israeli and Russian national who was born in 1959 and
lives in the city of Herzliya (Israel).
The case concerns Mr Nevzlin’s trial in absentia and conviction for three counts of murder, one of
aggravated robbery, and three of attempted murder, for which he received a life sentence.
Relying on Article 6 § 1 (right to a fair trial), Article 6 § 2 (presumption of innocence), and Article 6 §
3 (a) (right to be informed promptly of an accusation), (b) (right to adequate time and facilities for
preparation of defence) and (d) (right to obtain attendance and examination of witnesses), the
applicant complains, in particular, that he was not notified of the charges against him, that the trial
court relied on evidence that came from other trials, and that the judge denied him time to prepare
his defence and the opportunity to call witnesses. He complains that the judge implied that he was
guilty of murder during the trial.
Relying on Articles 6, Article 14 (prohibition of discrimination) and Article 18 (limitation on use of
restrictions of rights), the applicant complains, in particular, that his prosecution was part of a
politically motivated discriminatory campaign of persecution against Yukos shareholders.
Violation of Article 6 §§ 1 and 3 (a) and (b)
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