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Постановление Европейского суда по правам человека от 22.04.2010 «Дело Мутаева (Mutayeva) против России» [англ.]





ents might have passed through the checkpoints located in the area, referring to the events in Beslan. Lastly, it could not be excluded that Luiza Mutayeva might have been abducted for marriage again by the persons who had previously abducted her with that aim. In that connection the Government also referred to the inconsistencies in the applicant's submissions concerning the year of Luiza Mutayeva's abduction for marriage.
63. The Government further argued that the investigation into the disappearance of Luiza Mutayeva was being carried out by an independent authority, which had launched it as soon as it had received the applicant's complaint, forwarded to them by the Memorial NGO on 20 April 2004. The investigating authorities checked various versions of the abduction, interviewed more than twenty witnesses, including the immediate family of the missing person, and made numerous requests for information. The applicant was duly notified of the developments in the investigation. Although the investigation was suspended on several occasions, it did not mean that it was ineffective.

B. The Court's assessment

1. Admissibility

64. The Court reiterates, in the light of the parties' submissions, that the complaint raises 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 criminal remedies should be joined to the merits of the complaint (see paragraph 58 above). The complaint under Article 2 must therefore be declared admissible.

2. Merits

(a) The alleged violation of the right to life of Luiza Mutayeva
(i) General principles
65. The Court reiterates that, in the light of the importance of the protection afforded by Article 2, it must subject deprivations of life to the most careful scrutiny, taking into consideration not only the actions of State agents but also all the surrounding circumstances. Detained persons are in a vulnerable position and the obligation on the authorities to account for the treatment of a detained individual is particularly stringent where that individual dies or disappears thereafter (see, among other authorities, Orhan v. Turkey, No. 25656/94, § 326, 18 June 2002, and the authorities cited therein). Where the events in issue lie wholly or in large part within the exclusive knowledge of the authorities, as in the case of persons under their control in detention, strong presumptions of fact will arise in respect of injuries and death occurring during that detention. Indeed, the burden of proof may be regarded as resting on the authorities to provide a satisfactory and convincing explanation (see Salman v. Turkey [GC], No. 21986/93, § 100, ECHR 2000-VII, and {Cakici} v. Turkey [GC], No. 23657/94, § 85, ECHR 1999-IV).
(ii) Establishment of the facts
66. The Court observes that it has developed a number of general principles relating to the establishment of facts in dispute, in particular when faced with allegations of disappearance under Article 2 of the Convention (for a summary of these, see Bazorkina v. Russia, No. 69481/01, §§ 103 - 109, 27 July 2006). The Court also notes that the conduct of the parties when evidence is being obtained has to be taken into account (see Ireland v. the United Kingdom, 18 January 1978, § 161, Series A No. 25).
67. The applicant alleged that at about 2.30 a.m. on 19 January 2004 her daughter, Luiza Mutayeva, had been abducted by Russian servicemen and had then disappeared. She invited the Court to draw inferences as to the well-foundedness of her allegations from the Government's failure to provide the documents requested from them. She submitted that she had witnessed her daughter's abduction



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