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

amirov and Others v. Russia, No. 60272/00, §§ 73 - 74, 12 October 2006).
68. The Court notes that the Russian legal system provides, in principle, two avenues of recourse for the victims of illegal and criminal acts attributable to the State or its agents, namely civil and criminal remedies.
69. As regards a civil action to obtain redress for damage sustained through the alleged illegal acts or unlawful conduct of State agents, the Court has already found in a number of similar cases that this procedure alone cannot be regarded as an effective remedy in the context of claims brought under Article 2 of the Convention (see Khashiyev and Akayeva v. Russia, Nos. 57942/00 and 57945/00, §§ 119 - 121, 24 February 2005, and Estamirov and Others, cited above, § 77). In the light of the above, the Court confirms that the applicant was not obliged to pursue civil remedies. The Government's objection in this regard is thus dismissed.
70. As regards criminal law remedies, the Court observes that the applicant complained to the law enforcement authorities immediately after her relatives' killing and that an investigation has been pending since 19 May 2000. The applicant and the Government dispute the effectiveness of the investigation of the incident.
71. The Court considers that the Government's objection raises issues concerning the effectiveness of the investigation which are closely linked to the merits of the applicant's complaints. Thus, it decides to join this objection to the merits of the case and considers that the issue falls to be examined below.

II. Alleged violation of Article 2 of the Convention

72. The applicant complained under Article 2 of the Convention that her relatives had been deprived of their lives by Russian servicemen and that the domestic authorities had failed to carry out an effective investigation of the matter. Article 2 reads:
"1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection."

A. Alleged failure to protect the right to life

1. Submissions by the parties

73. The Government conceded that the applicant's relatives had been deprived of their lives by State agents. They argued, however, that the applicant's relatives had been killed in the course of a counter-terrorist operation carried out by the federal forces in the Chechen Republic in order to eliminate illegal armed groups. They further stated that the local residents had been informed about the curfew and the obligation to obey the orders of the military when in the area of a special operation. Taking into account that the applicant's relatives had been driving in the dark during the curfew and had disobeyed the order to stop the lorry, the servicemen had taken them for members of illegal armed groups and opened destruction fire. The Government thus contended that the use of lethal force in the present case had been no more than absolutely necessary for the purposes of paragraph 2 (a) and (b) Article 2 of the Convention, and that the deaths of Ramzan Suleymanov, Petimat Aydamirova, Ibragim Suleymanov and Aslanbek Aydamirov had been the result of their failure to comply with the necessary rules concerning personal safety in an area where State agents wer



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