per se was liable to affect the investigation of a kidnapping in life-threatening circumstances, where crucial action has to be taken in the first days after the event.
109. The Court also has to assess the scope of the investigative measures taken. In this connection it is noted that the Government submitted only copies of several records of witness interviews. It emerges from those documents that the investigating authority interviewed M.M. and the applicant in February and March 2003, while the remaining witnesses were questioned only a year later. In the Court's view, this delay in questioning witnesses, for which no explanation has been offered by the Government, must have had a negative effect on the ability of the investigation to establish the relevant facts since, with the passage of time, important details concerning the events of 23 November 2002 might have faded from the witness' memories. As regards the other investigative measures enumerated by the Government, in the absence of the related documents the Court is unable not only to assess how promptly those steps were taken but whether they were taken at all.
110. Furthermore, it appears that a number of crucial steps were never taken. It follows from the Town Court's decision that the investigation did not make any attempts to identify the owners of the APC, examine the relevant logbooks or detention logs and interview persons who could have provided information as to who had been permitted to pass through the town during curfew hours (see paragraph 71 above). In fact, there is no indication that the Town Court's instruction has been ever complied with.
111. It is obvious that, if they were to produce any meaningful results, those investigative measures should have been taken immediately after the crime was reported to the authorities, and as soon as the investigation commenced. The delays and omissions, 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 matter (see {Oneryildiz} v. Turkey [GC], No. 48939/99, § 94, ECHR 2004-XII).
112. The Court also notes that even though the applicant was granted victim status in the investigation concerning the abduction of her son, she hardly received any meaningful information about the developments in the investigation, a fact which appears to be confirmed by the Town Court's findings (see paragraph 71 above). Accordingly, the investigators failed to ensure that the investigation received the required level of public scrutiny, or to safeguard the interests of the next of kin in the proceedings.
113. Lastly, it transpires that the investigation was adjourned and resumed on numerous occasions. It also appears that there were lengthy periods of inactivity on the part of the prosecuting authorities when no investigative measures were being taken.
114. Having regard to the limb of the Government's preliminary objection that was joined to the merits of the complaint, inasmuch as it concerns the fact that the domestic investigation is still pending, the Court notes that the investigation, having being repeatedly suspended and resumed and plagued by inexplicable delays, has been pending open for many years with no tangible results. Accordingly, the Court finds that the remedy relied on by the Government was ineffective in the circumstances and dismisses their preliminary objection.
115. In the light of the foregoing, the Court holds that the authorities failed to carry out an effective criminal investigation into the circumstances surrounding the disappearance of Adam Khurayev, in breach of Article 2 in its procedural aspect.
III. Alleged violation of Article 3 of the Convention
116.
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