Постановление Европейского суда по правам человека от 12.05.2010 «Дело Сулейманова (Suleymanova) против России» [англ.]

ative steps were taken by the latter.
96. The Court further observes that it is unclear when the applicant was granted victim status in the criminal case (see paragraph 36 above), which would have afforded her minimum guarantees in the criminal proceedings. However, it is nonetheless clear from the materials in the Court's possession that the applicant was informed of the developments in the investigation only fragmentarily and occasionally, and that she was not given a realistic opportunity to have access to the case file despite her numerous requests. The Court considers that the applicant was, in fact, excluded from the criminal proceedings and was unable to have her legitimate interests upheld.
97. Against this background, and having regard to the Government's argument concerning the applicant's alleged failure to appeal to a court against the actions or omissions of the investigators, the Court notes that in a situation where the investigation was repeatedly suspended and reopened, where the applicant was unable to consult the case file at any stage and was in fact excluded from the criminal proceedings, and where she was only informed of the conduct of the investigation occasionally, it is highly doubtful that the remedy invoked by the Government would have had any prospect of success. Moreover, the Government have not demonstrated that this remedy would have been capable of providing redress in the applicant's situation - in other words, that it would have rectified the shortcomings in the investigation and would have led to the identification and punishment of those responsible for the deaths of her relatives. The Court thus considers that in the circumstances of the case it has not been established with sufficient certainty that the remedy advanced by the Government would have been effective within the meaning of the Convention. It finds that the applicant was not obliged to pursue that remedy, and that this limb of the Government's preliminary objection should therefore be dismissed.
98. In the light of the foregoing, and drawing inferences from the Government's refusal to submit the criminal investigation file, the Court further concludes that the authorities failed to carry out a thorough and effective investigation into the circumstances surrounding the deaths of Ramzan Suleymanov, Petimat Aydamirova, Ibragim Suleymanov and Aslanbek Aydamirov.
99. The Court accordingly holds that there has been a violation of Article 2 of the Convention under its procedural head.

III. Alleged violation of Article 13 of the Convention

100. The applicant complained that she had been deprived of effective remedies in respect of the aforementioned violations, contrary to Article 13 of the Convention, which provides:
"Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."

A. Submissions by the parties

101. The Government contended that the applicant had had effective remedies at her disposal as required by Article 13 of the Convention and that the authorities had not prevented her from using them. The applicant had had an opportunity to challenge the acts or omissions of the investigating authorities in court. They added that participants in criminal proceedings could also claim damages in civil proceedings and referred to cases where victims in criminal proceedings had been awarded damages from state bodies, including the prosecutor's office. In sum, the Government submitted that there had been no violation of Article 13.
102. The applicant maintained the complaint.

B. The Court's assessment

1. Admissibility

103.

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