Press release issued by the Registrar
Fact-finding missions in the case of Shamayev and Others v Georgia and Russia

Following the hearing in this case (application no. 36378/02) on 16 September 2003, the European Court of Human Rights declared the application admissible and joined the Russian Government�s preliminary objections to the merits.

The Court also decided to carry out fact-finding missions in both countries as soon as possible (see press release no. 455 <../sept/DecisionShamayev(admissible)19092003.htm>) in order to take evidence from the applicants who had been extradited to Russia and from those who are in custody in Georgia pending a decision on the extradition request made by the Russian Federation, and from witnesses.

The missions were scheduled for the last week of October 2003.

In a fax of 3 October 2003, the Georgian Government asked the Court to adjourn the mission to Georgia, in view of the general election to be held there on 2 November 2003 and the authorities� concern to ensure absolute security for the members of the delegation. The Court noted that request and decided to adjourn its mission to Georgia.

In addition, the Government of the Russian Federation informed the Court on 20 October 2003 that the Stavropol Regional Court, within whose jurisdiction the five extradited applicants are currently detained, had refused to give the delegation access to the applicants at this stage in the domestic proceedings.

The Court has informed the Russian Government that, in these circumstances, and owing in particular to the lateness with which the Court was given notice thereof, it will have to adjourn the mission to Russia. It also informed the Government that the local court was contacted purely out of courtesy. The issue of access to the applicants is a matter of international law - in particular the European Convention on Human Rights, which, under Russian law, takes precedence over domestic law - and, therefore, falls to be decided solely by the European Court of Human Rights. The Court drew attention to Article 38 � 1 of the Convention, which provides that the State concerned is to furnish all necessary facilities for the effective conduct of any investigation undertaken by the Court. Moreover, Article 34 of the Convention requires the High Contracting Parties not to hinder in any way the effective exercise of the right of individual application.

The fact-finding mission is now scheduled to take place in both countries at the beginning of 2004 on a date that will shortly be communicated to both Governments.