Постановление Европейского суда по правам человека от 11.06.2009 «Дело Халитова и другие (Khalitova and others) против России» [англ.]

The applicants reiterated the complaint.

B. The Court's assessment

1. Admissibility

154. In so far as the complaint under Article 13 concerns the existence of a domestic remedy in respect of the complaint concerning the alleged ill-treatment of Amir Magomedov, Ali Uspayev, Aslan Dokayev and Rustam Achkhanov, the Court notes that this part of the complaint under Article 3 was found unsubstantiated in paragraph 132 above. Accordingly, the applicants did not have an "arguable claim" of a violation of a substantive Convention provision and, therefore, Article 13 of the Convention is inapplicable.
155. Given that the applicants' complaint under Article 6 of the Convention has been declared incompatible ratione materiae in paragraph 150 above, the Court considers that the applicants did not have an "arguable claim" of a violation of a substantive Convention provision and, therefore, Article 13 of the Convention is inapplicable.
156. It follows that these parts of the complaint under Article 13 of the Convention are incompatible ratione materiae with the provisions of the Convention within the meaning of Article 35 § 3 and must be rejected in accordance with Article 35 § 4 thereof.
157. The Court notes that the remaining complaints under Article 13 are not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that they are not inadmissible on any other grounds and must therefore be declared admissible.

2. Merits

158. The Court reiterates that Article 13 of the Convention guarantees the availability at the national level of a remedy to enforce the substance of the Convention rights and freedoms in whatever form they might happen to be secured in the domestic legal order. According to the Court's settled case-law, the effect of Article 13 of the Convention is to require the provision of a remedy at national level allowing the competent domestic authority both to deal with the substance of a relevant Convention complaint and to grant appropriate relief, although Contracting States are afforded some discretion as to the manner in which they comply with their obligations under this provision. However, such a remedy is only required in respect of grievances which can be regarded as "arguable" in terms of the Convention (see Halford v. the United Kingdom, 25 June 1997, § 64, Reports 1997-III).
159. As regards the complaint of the lack of effective remedies in respect of the applicants' complaint under Article 2, the Court emphasises that, given the fundamental importance of the right to protection of life, Article 13 requires, in addition to the payment of compensation where appropriate, a thorough and effective investigation capable of leading to the identification and punishment of those responsible for the deprivation of life and infliction of treatment contrary to Article 3, including effective access for the complainant to the investigation procedure leading to the identification and punishment of those responsible (see Anguelova v. Bulgaria, No. 38361/97, §§ 161 - 62, ECHR 2002-IV). The Court further reiterates that the requirements of Article 13 are broader than a Contracting State's obligation under Article 2 to conduct an effective investigation (see Khashiyev and Akayeva, cited above, § 183).
160. In view of the Court's above findings with regard to Article 2, this complaint is clearly "arguable" for the purposes of Article 13 (see Boyle and Rice v. the United Kingdom, 27 April 1988, § 52, Series A No. 131). The applicants should accordingly have been able to avail themselves of effective and practical remedies capable of leading to the identification and punishment of those responsible and to an award of compensation for the purposes of Article 13.
161. It follows that in circumstances where, as h

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