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Постановление Европейского суда по правам человека от 29.07.2010 <Дело Копылов (Kopylov) против России» [англ.]





ilable as part of the range of redress (see Z and Others v. the United Kingdom [GC], No. 29392/95, § 109, ECHR 2001-V). However, in cases of wilful ill-treatment the violation of Articles 2 or 3 cannot be remedied exclusively through an award of compensation to the victim. This is so because, if the authorities could confine their reaction to incidents of wilful ill-treatment by State agents to the mere payment of compensation, while not doing enough to prosecute and punish those responsible, it would be possible in some cases for agents of the State to abuse the rights of those within their control with virtual impunity, and the general legal prohibition of torture and inhuman and degrading treatment, despite its fundamental importance, would be ineffective in practice (see Vladimir Romanov, cited above, §§ 78 and 79, and Nikolova and Velichkova v. Bulgaria, No. 7888/03, §§ 55 and 56, 20 December 2007). It follows from the above that an effective investigation is required, in addition to adequate compensation, to provide sufficient redress to an applicant complaining of ill-treatment by State agents.
131. Accordingly, to determine whether the applicant in the present case was afforded sufficient redress and lost his status as a "victim" with regard to Article 3, the Court will have to examine the effectiveness of the investigation into his allegations of ill-treatment and the adequacy of the compensation paid to him (see {Gafgen} v. Germany [GC], No. 22978/05, §§ 121 and 126, 1 June 2010).
(i) Effectiveness of the investigation
132. The Court reiterates that where an individual raises an arguable claim that he has been seriously ill-treated in breach of Article 3, that provision, read in conjunction with the State's general duty under Article 1 of the Convention to "secure to everyone within their jurisdiction the rights and freedoms defined in... [the] Convention", requires by implication that there should be an effective official investigation. An obligation to investigate "is not an obligation of result, but of means": not every investigation should necessarily be successful or come to a conclusion which coincides with the claimant's account of events; however, it should in principle be capable of leading to the establishment of the facts of the case and, if the allegations prove to be true, to the identification and punishment of those responsible (see Paul and Audrey Edwards v. the United Kingdom, No. 46477/99, § 71, ECHR 2002-II, and Mahmut Kaya v. Turkey, No. 22535/93, § 124, ECHR 2000-III).
133. An investigation into serious allegations of ill-treatment must therefore be thorough. That means that the authorities must always make a serious attempt to find out what happened and should not rely on hasty or ill-founded conclusions to close their investigation or as the basis for their decisions (see Assenov and Others v. Bulgaria, 28 October 1998, §§ 103 et seq., Reports 1998-VIII). They must take all reasonable steps available to them to secure evidence concerning the incident, including, inter alia, eyewitness testimony and forensic evidence (see, mutatis mutandis, Salman v. Turkey [GC], No. 21986/93, § 106, ECHR 2000-VII; {Tanrikulu} v. Turkey [GC], No. 23763/94, ECHR 1999-IV, § 104 et seq.; and {Gul} v. Turkey, No. 22676/93, § 89, 14 December 2000). Any deficiency in the investigation which undermines its ability to establish the cause of injuries or the identity of the persons responsible will risk falling foul of this standard.
134. Further, the Court reiterates that for an investigation into alleged torture or ill-treatment by State officials to be effective, it is necessary for the persons responsible for and carrying out the investigation to be independent from those implicated in the events. This means not only a lack of hierarchical or institutional connection but also a practical independence (see Mehmet Emin {Yuksel} v. Turkey, No. 40154/98, § 37, 20



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