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

use of force (see, mutatis mutandis, McCann and Others, cited above, § 161, and Kaya v. Turkey, 19 February 1998, § 86, Reports 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).
84. The Court notes at the outset that very few documents from the investigation 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 a few documents available to the applicants that they provided to the Court.
85. Turning to the facts of the present case, the Court observes that, according to the applicant, on the morning of 19 January 2004 she notified a number of law-enforcement agencies in Achkhoy-Martan, including the ROVD, the local FSB department and the security service of the Chechen President, about the abduction of her daughter. According to the Government, the district prosecutor's office received the applicant's complaint about the abduction only on 20 April 2004. However, they failed to submit either a dated and stamped copy of the applicant's complaint or any other documents confirming that it had indeed been obtained by the prosecutor's office on the above-mentioned date. Bearing in mind its findings concerning the Government's unjustified refusal to provide the documents from the case file and the fact that it had been incumbent on the law-enforcement bodies to report the information on the abduction to the district prosecutor's office (see Khalidova and Others v. Russia, No. 22877/04, § 93, 2 October 2008), the Court cannot but conclude that the three-month delay in opening the investigation was attributable to the domestic authorities. Such a postponement per se was liable to affect the investigation of the kidnapping in life-threatening circumstances, where crucial action has to be taken in the first days after the event.
86. The Court further has to assess the scope of the investigative measures taken. The Government submitted that the investigating authorities checked various versions of the abduction, interviewed more than twenty witnesses and made numerous requests for information. From the few documents submitted by them it transpires that the district prosecutor's office attempted to identify the vehicles used by the abductors; enquired of various law-enforcement agencies as to whether they had carried out special operations in Assinovskaya on the night of the applicant's daughter's abduction, had arrested her or held her in detention, and interviewed the applicant, her husband and daughter Madina and a certain B.A. As regards the remaining witnesses allegedly questioned by the authorities, the Government failed to produce any related documents and hence it is impossible not only to establish how promptly those measures were taken but whether they were taken at all.
87. Furthermore, it appears that a number of crucial steps were never taken. In particular, it is striking that the district prosecutor's office made no attempts to interview servicemen from the roadblocks at the entry and exit points to the village or to exam



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