Chechnya's last hope? Enforced disappearances and the European Court of Human Rights

Addressing the Chechnya enforced disappearance cases has presented a unique challenge for the ECtHR. While the Court has traditionally been called upon to interpret the scope of civil and political rights in Western Europe, the Chechnya cases have forced it to adjudicate upon matters arising from a military conflict in a territory lying beyond what many consider to be Europe's traditional borders. It is a task that the ECtHR has embraced, to date issuing twenty-eight judgments finding Russia responsible for enforced disappearances of its citizens. This article examines the mode of analysis developed by the ECtHR in its recent case law on this topic and briefly explores to what extent it is necessary or desirable for the Court to reassess its methodology to more effectively address this type of case. To this end, this article considers the first three enforced disappearance judgments handed down against Russia in July 2006 and then analyzes a recent trio of decisions issued by the Court on July 3, 2008.