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Постановление Европейского суда по правам человека от 17.06.2010 «Дело Батаев и другие (Batayev and others) против России» [англ.]





39;s case-law. They also invited the Court to draw conclusions from the Government's unjustified failure to submit the documents from the case file to them or to the Court.

2. In respect of the disappearance of Usman Mavluyev

193. The Government referred to the absence of conclusions from the domestic investigation as to the fate and whereabouts of Usman Mavluyev. They further contested that prior to April 2004 the tenth applicant had filed any applications concerning her husband's disappearance. They in particular denied that in January 2000 she had lodged written applications with the Gudermes military prosecutor and the department of the interior, or with the FSB departments in the Gudermes and Achkhoy-Martan districts. The Government insisted that no copies of those documents had been produced by the tenth applicant. The Government also challenged the authenticity of the certificate issued by the Chechnya FSB department on 6 June 2000 (see paragraph 113 above).
194. The tenth applicant reiterated her claims. She insisted that she had travelled to Gudermes and submitted her complaints in person by the end of January 2000. She also maintained that the document issued to her by the Achkhoy-Martan district FSB department on 6 June 2000 had been valid proof of this, despite the Government's challenge to its validity. She pointed out that it had borne the stamp of the district department and the signature of the deputy head of that department. It had been included in the criminal investigation file. In any event, she argued that the investigation had been ineffective and that after April 2004 it had failed to take the steps necessary to identify the perpetrators of the crime and to establish the whereabouts of her husband.

B. The Court's assessment

1. Admissibility

195. The Court considers, in the light of the parties' submissions, that the complaints raise serious issues of fact and law under the Convention, the determination of which requires an examination of the merits. Further, the Court has already found that the Government's objection concerning the alleged non-exhaustion of domestic remedies should be joined to the merits of the complaint. The complaints under Article 2 of the Convention must therefore be declared admissible.

2. Merits

(a) Alleged violation of the right to life of Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev, Kharon Musayev and Usman Mavluyev
196. The Court has already found that the applicants' relatives must be presumed dead following their unacknowledged detention by State servicemen and that the deaths can be attributed to the State. In the absence of any justification in respect of the use of lethal force by State agents, the Court finds that there has been a violation of Article 2 in respect of Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev, Kharon Musayev and Usman Mavluyev.
(b) Alleged inadequacy of the investigation of the kidnapping
(i) As regards Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev and Kharon Musayev
197. The Court has on many occasions stated that the obligation to protect the right to life under Article 2 of the Convention also requires by implication that there should be some form of effective official investigation when individuals have been killed as a result of the use of force. It has developed a number of guiding principles to be followed for an investigation to comply with the Convention's requirements (for a summary of these principles see Bazorkina, cited above, §§ 117 - 119).
198. In the present case, the kidnapping of Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev and Khar



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