Постановление Европейского суда по правам человека от 12.05.2010 «Дело Шахабова (Shakhabova) против России» [англ.]

must be presumed dead following his unacknowledged detention.
(iii) The State's compliance with Article 2
103. Article 2, which safeguards the right to life and sets out the circumstances when deprivation of life may be justified, ranks as one of the most fundamental provisions in the Convention, to which no derogation is permitted. In the light of the importance of the protection afforded by Article 2, the Court must subject deprivation of life to the most careful scrutiny, taking into consideration not only the actions of State agents but also all the surrounding circumstances (see, among other authorities, McCann and Others v. the United Kingdom, 27 September 1995, §§ 146 - 147, Series A No. 324, and {Avsar} v. Turkey, No. 25657/94, § 391, ECHR 2001-VII (extracts)).
104. The Court has already found it established that the applicant's son must be presumed dead following unacknowledged detention by State servicemen. Noting that the authorities do not rely on any ground of justification in respect of any use of lethal force by their agents, it follows that liability for his presumed death is attributable to the respondent Government.
105. Accordingly, the Court finds that there has been a violation of Article 2 in respect of Adam Khurayev.
(b) The alleged inadequacy of the investigation of the kidnapping
106. The Court reiterates that the obligation to protect the right to life under Article 2 of the Convention, read in conjunction with the State's general duty under Article 1 of the Convention to "secure to everyone within [its] jurisdiction the rights and freedoms defined in [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 (see, mutatis mutandis, McCann and Others, cited above, § 161, and Kaya v. Turkey, 19 February 1998, § 86, Reports of Judgments and Decisions 1998-I). The essential purpose of such an investigation is to secure the effective implementation of the domestic laws which protect the right to life and, in those cases involving State agents or bodies, to ensure their accountability for deaths occurring under their responsibility. This investigation should be independent, accessible to the victim's family and carried out with reasonable promptness and expedition. It should also be effective in the sense that it is capable of leading to a determination of whether or not the force used in such cases was lawful and justified in the circumstances, and should afford a sufficient element of public scrutiny of the investigation or its results (see Hugh Jordan v. the United Kingdom, No. 24746/94, §§ 105 - 109, 4 May 2001, and Douglas-Williams v. the United Kingdom (dec.), No. 56413/00, 8 January 2002).
107. The Court notes at the outset that very few documents from the investigation file were disclosed by the Government. It therefore has to assess the effectiveness of the investigation on the basis of very scarce information submitted by the Government and the few documents available to the applicant, which she provided to the Court.
108. Turning to the facts of the present case, the Court observes that, according to the applicant, on 24 November 2002 she notified a number of law-enforcement agencies in Urus-Martan, including the ROVD and the district prosecutor's office, about the abduction of Adam Khurayev. The Government did not dispute that assertion. They also failed to produce any documents from the case file, such as a copy of the applicant's stamped complaint to the authorities or the decision to launch the investigation, which could have cast doubt on it. The investigation was launched on 14 February 2003. Bearing this in mind, the Court cannot but conclude that the two-month delay in opening the investigation was attributable to the domestic authorities. Such a postponement



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