I correctly predicted that there was a violation of human rights in BEGIYEVA v. RUSSIA.

Information

  • Judgment date: 2021-07-06
  • Communication date: 2019-09-17
  • Application number(s): 14929/17
  • Country:   RUS
  • Relevant ECHR article(s): 2, 2-1
  • Conclusion:
    Violation of Article 2 - Right to life (Article 2-1 - Life) (Substantive aspect)
    Violation of Article 2 - Right to life (Article 2-1 - Effective investigation) (Procedural aspect)
  • Result: Violation
    • SEE FINAL JUDGMENT

JURI Prediction

  • Probability: 0.506543
  • Prediction: Violation

  • Consistent


Legend

 In line with the court's judgment
 In opposition to the court's judgment
Darker color: higher probability
: In line with the court's judgment  
: In opposition to the court's judgment

Communication text used for prediction

The applicant, Ms Marina Yusupovna Begiyeva, is a Russian national, who was born in 1975 and lives in Nalchik.
The facts of the case, as submitted by the applicant, may be summarised as follows.
At around 1 p.m. on 18 April 2014 the applicant’s son, Mr Kh.
Yu.
Begiyev, travelled by car down Shogenova Street in the town of Nalchik.
The policemen apparently had prior information that he could be in possession of firearms and tried to stop him, but he ignored their signs and drove on, trying to escape.
It appears that a pursuit operation ensued.
The applicant’s son drove up a cul de sac in the outskirts of Nalchik.
He left the car and then tried to run away on foot through a field and into a forest.
The four police officers who had pursued him shot the applicant’s son nine times in the back, killing him on the spot.
The ensuing investigation established that the applicant’s son had been in possession of a gun and, whilst trying to run away, made a few shots at the policemen, who returned fire, killing him.
The police operation had not been spontaneous and that the police officers had had prior information about the applicant’s son and his profile.
According to the applicable domestic law the applicant and the family could accept an investigator’s decision to discontinue the criminal proceedings against the victim with reference to his death or could ask to a trial examination of the case before the criminal courts.
The applicant and her family insisted on the trial examination of the case and by a first instance judgment of 3 August 2016 the Supreme Court of the Republic of Kabardino-Balkariya found the applicant guilty of having been in possession of a firearm and having attacked the policemen on 18 April 2014.
The judgment was upheld on appeal by the Supreme Court on 28 October 2017.
COMPLAINTS The applicant complains under Articles 2 and 6 of the Convention that the police operation in respect of her son which resulted in his death had been unlawful, that the use of lethal force had been disproportionate and that the way the authorities investigated the incident and examined it in court was not compatible with the requirements of Article 2.

Judgment