Постановление Европейского суда по правам человека от 22.07.2010 <Дело Бенуева и другие (Benuyeva and others) против России» [англ.]

le.

2. Merits

(a) The alleged violation of the right to life of Abu Zhanalayev and Sayd-Selim Benuyev
i. Establishment of the facts
95. The Court reiterates that, in the light of the importance of the protection afforded by Article 2, it must subject allegations of deprivation of life to the most careful scrutiny, taking into consideration not only the actions of State agents but also all the surrounding circumstances. Detained persons are in a vulnerable position and the obligation on the authorities to account for the treatment of a detained individual is particularly stringent where that individual dies or disappears thereafter (see Orhan v. Turkey, No. 25656/94, § 326, 18 June 2002). Where the events in issue lie wholly or largely within the exclusive knowledge of the authorities, as in the case of persons within their control in detention, strong presumptions of fact will arise in respect of injuries and death occurring during that detention. Indeed, the burden of proof may be regarded as resting on the authorities to provide a satisfactory and convincing explanation (see Salman v. Turkey [GC], No. 21986/93, § 100, ECHR 2000-VII, and {Cakici} v. Turkey [GC], No. 23657/94, § 85, ECHR 1999-IV).
96. The Court observes that it has developed a number of general principles relating to the establishment of facts in dispute, in particular when faced with allegations of disappearance under Article 2 of the Convention (for a summary of these, see Bazorkina v. Russia, No. 69481/01, §§ 103 - 09, 27 July 2006). The Court also notes that the conduct of the parties when evidence is being obtained has to be taken into account (see Ireland v. the United Kingdom, 18 January 1978, § 161, Series A No. 25).
97. The Court notes that despite its requests for a copy of the entire investigation file into the kidnapping of Abu Zhanalayev and Sayd-Selim Benuyev, the Government refused to produce most of the documents from the file on the grounds that they were precluded from providing them all by Article 161 of the Code of Criminal Procedure. The Court observes that in previous cases it has found this explanation insufficient to justify the withholding of key information requested by the Court (see Imakayeva v. Russia, No. 7615/02, § 123, ECHR 2006-XIII (extracts)).
98. In view of the foregoing and bearing in mind the principles referred to above, the Court finds that it can draw inferences from the Government's conduct in this respect. It considers that the applicants have presented a coherent and convincing picture of their relatives' abduction.
99. The Government suggested that the persons who had detained Abu Zhanalayev and Sayd-Selim Benuyev could have been members of paramilitary groups. However, this allegation was not specific and they did not submit any material to support it. The Court would stress in this regard that the evaluation of the evidence and the establishment of the facts is a matter for the Court, and it is incumbent on it to decide on the evidentiary value of the documents submitted to it (see {Celikbilek} v. Turkey, No. 27693/95, § 71, 31 May 2005).
100. The Court further points out that the perpetrators travelled in UAZ vehicles - paramilitary vehicles regularly used by the military and law-enforcement agencies. It takes note of the Government's allegation that the weaponry and camouflage uniforms were probably stolen by insurgents from Russian arsenals in the 1990s. Nonetheless, it considers it very unlikely that heavily armed insurgents in camouflage uniforms travelling past curfew in paramilitary vehicles could have freely passed through Russian military checkpoints to enter the village without being noticed.
101. It is of relevance in this respect that the domestic investigators accepted factual assumptions as presented by the applicants and looked at the possibility of the ROVD servic



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