Постановление Европейского суда по правам человека от 05.03.2009 «Дело Халитова (Khalitova) против России» [англ.]

any investigative activity took place between 12 September 2000, when, according to the Government, the criminal proceedings in connection with the murder of the applicant's husband were instituted (see paragraph 15 above) and 1 October 2003, when the district prosecutor's office decided the suspend the investigation, according to the information later received by the applicant. It is unclear, in particular, whether, and if so how often, the investigation was suspended and resumed during the period in question and which, if any, investigative measures were taken, apart from the inspection of the scene of the incident which, in the Government's submission, was carried out on 12 September 2000 (see paragraph 17 above), and the granting of the status of victim to Mr Lecha Khazhmuradov's brother (see paragraph 16 above) on the same date.
66. The Government also submitted that the investigating authorities questioned four witnesses, carried out a medical examination of the dead body of the applicant's husband, and performed ballistic tests, but failed to indicate the dates on which those steps had allegedly been taken. It therefore remains unclear whether these investigative measures were taken promptly, or with delay. Furthermore, the Government did not indicate whether any investigative steps other than those mentioned above had been taken to resolve the crime. In particular, it does not appear that any meaningful efforts were made to investigate the possible involvement of federal military personnel in the murder of the applicant's husband despite strong evidence of that possibility, and notably statements of at least three eyewitnesses to the effect that Mr Lecha Khazhmuradov had been shot dead by armed men moving around in two armoured personnel carriers. It does not appear, as the Government provided no information or documents in this respect, that the authorities attempted to establish any other witnesses in the case, to find and question the servicemen of a military unit located in the vicinity of the incident, or to take any other investigative steps, as suggested by the applicant in her request of 7 December 2005 (see paragraph 32 above).
67. The material in the Court's possession further reveals that the investigation was suspended on 1 October 2003, then resumed on 18 February 2004, and then again suspended on 19 March 2004. It is unclear whether the investigation has remained suspended since this latter date, or has been reopened at some point, the Government not having provided any concrete information apart from a general assertion that the investigation has not been completed to date.
68. Lastly, the Court observes that whilst, as asserted by the Government, the criminal proceedings in connection with the murder of the applicant's husband were instituted on 12 September 2000, the applicant was not declared a victim in those proceedings until 26 February 2004. Even if the Court is prepared to accept the Government's argument that such a significant delay in taking one of the most essential steps, which should have afforded minimum procedural guarantees to the applicant, could be explained by the applicant's failure to adduce the required documents, it notes that even after that date the applicant does not appear to have been duly informed of the course of the investigation. In this respect, the Court notes the applicant's argument that she was never informed of the conduct of the investigation after April 2004, an argument which the Government did not contest or produce any documents to refute, and which supports the supposition that the investigation has remained suspended since March 2004. The Court also observes that, despite her efforts, the applicant was never given access to the file of the investigation. In such circumstances, the Court considers that she was excluded from the criminal proceedings and that the authorities cl

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