. The parties' submissions
227. The Government contended that the applicants had had effective remedies at their disposal as required by Article 13 of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the acts or omissions of the investigating authorities in court. They added that participants in criminal proceedings could also claim damages in civil proceedings and referred to cases where victims in criminal proceedings had been awarded damages from State bodies and, in one instance, the prosecutor's office. In sum, the Government submitted that there had been no violation of Article 13.
228. The applicants reiterated the complaint.
B. The Court's assessment
1. Admissibility
229. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.
2. Merits
230. The Court reiterates that in circumstances where, as here, a criminal investigation into the disappearance has been ineffective and the effectiveness of any other remedy that might have existed, including civil remedies suggested by the Government, has consequently been undermined, the State has failed in its obligation under Article 13 of the Convention (see Khashiyev and Akayeva v. Russia, Nos. 57942/00 and 57945/00, § 183, 24 February 2005).
231. Consequently, there has been a violation of Article 13 in conjunction with Article 2 of the Convention.
232. As regards the applicants' reference to Articles 3 and 5 of the Convention, the Court considers that, in the circumstances, no separate issue arises in respect of Article 13, read in conjunction with those two Articles (see Kukayev v. Russia, No. 29361/02, § 119, 15 November 2007, and Aziyevy v. Russia, No. 77626/01, § 118, 20 March 2008).
VIII. Alleged violation of Article 1 of Protocol
No. 1 to the Convention
233. The fourth and sixth applicants contended that their disappeared family members had been deprived of their property, in violation of Article 1 of Protocol No. 1. This provision reads, in the relevant part:
"1. Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law..."
234. The fourth and sixth applicants argued that on 18 September 2000 the armed men who had taken away their sons, Zaur Ibragimov and Magomed Temurkayev, had also taken away two VAZ cars which had belonged to them.
235. The Government argued that the applicants had failed to submit any proof of their relatives' ownership of the cars in question. They further disputed that the alleged wrongdoing had been committed by State agents.
236. The Court notes that even though the fourth and sixth applicants complained about the loss of two vehicles, they failed to produce any documents or other evidence supporting their claim of ownership. The sixth applicant could not even indicate the registration number of the car which had been used by her son on the day of his abduction (see paragraph 39 above). At the same time, the Court notes that, since all vehicles are subject to registration in the relevant State authorities, it should have been relatively simple to obtain such evidence. The applicants failed to indicate whether such proof existed or to furnish an explanation as to why it was unavailable to them. The Court further notes that in the civil proceedings brought by the applicants in relation to the disappearance of their relatives th
> 1 2 3 ... 26 27 28 29 ... 30 31
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
