Постановление Европейского суда по правам человека от 15.07.2010 <Дело Гелаевы (Gelayevy) против России» [англ.]

an investigation to comply with the Convention's requirements (for a summary of these principles see Bazorkina, cited above, §§ 117 - 119).
111. In the present case, the kidnapping of Murad Gelayev was investigated. The Court must assess whether that investigation met the requirements of Article 2 of the Convention.
112. The Court notes at the outset that not all of the documents from the investigation were disclosed by the Government. It therefore has to assess the effectiveness of the investigation on the basis of the documents submitted by the parties and the information about its progress presented by the Government.
113. The Court notes that the authorities were made aware of the abduction by the applicants' submissions on 21 June 2001. From the documents submitted it is clear that in spite of the information obtained during the preliminary inquiry in 2001 to the effect that Murad Gelayev had been abducted (see paragraphs 42 and 45 above), and the fact that the Oktyabrskiy VOVD had opened a search file in respect of him, the very same Oktyabrskiy VOVD had refused to initiate a criminal investigation into the matter (see paragraph 46 above). No steps had been taken by the law-enforcement agencies from 28 August 2001 to 13 July 2005 when, owing to the applicants' consistent complaints, with a delay of almost four years the prosecutor's office decided to open the investigation into the disappearance of Murad Gelayev. From the documents submitted it transpires that subsequently a number of essential steps were either significantly delayed or not taken at all. For example, the crime scene examination had been conducted more than two years after the opening of the investigation (see paragraph 72 above) and a number of important witnesses, such as the police officers serving at the Oktyabrskiy VOVD at the material time, had not been questioned until more than four years after the beginning of the proceedings (see paragraph 77 above). Further, it is clear that the investigators had not taken such basic steps as the identification of the military vehicles, including the APCs, which had been involved in the abduction; the questioning of their drivers; or the identification and questioning of the officers who had been in charge of the Oktyabrskiy VOVD in February 2000 or the officers who had guarded Murad Gelayev and other detainees on the premises of the police station following the abduction. Moreover, the investigators had failed to question all those residents of Gikalo who had been abducted with Murad Gelayev and taken with him to the Oktyabrskiy VOVD. From the copies of the interrogation transcripts submitted it is clear that the officers from the Khanty-Mansiysk Region who had served at the Oktyabrskiy VOVD in 2000 had been questioned in a superficial manner, thus preventing the investigators from obtaining any meaningful information about the events in question. It is obvious that the above investigative measures, if they were to produce any meaningful results, should have been taken immediately after the crime was reported to the authorities, and as soon as the investigation commenced. Such delays, for which there has been no explanation in the instant case, not only demonstrate the authorities' failure to act of their own motion but also constitute a breach of the obligation to exercise exemplary diligence and promptness in dealing with such a serious crime (see {Oneryildiz} v. Turkey [GC], No. 48939/99, § 94, ECHR 2004-XII).
114. The Court also notes that even though the first applicant was granted victim status in the investigation concerning the abduction of his son, he and the other applicants were only informed of the suspension and resumption of the proceedings, and not of any other significant developments. Accordingly, the investigators failed to ensure that the investigation received the required level of public scrutiny, or to safeguard the interest

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