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





ine the logbooks kept there with a view to obtaining information on the vehicles used by the abductors and also of their owners. There is no indication that the investigating authority interviewed patients or the personnel from the hospital located near the applicant's house, who might have had information on the circumstances of Luiza Mutayeva's abduction (see paragraph 12 above). In the same vein, there is nothing to suggest that the applicant's neighbours, and in particular those persons whose written statements she had enclosed with the application form, were ever questioned.
88. It is obvious that, if they were to produce any meaningful results, these 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 serious matter (see {Oneryildiz} v. Turkey [GC], No. 48939/99, § 94, ECHR 2004-XII).
89. The Court also notes that even though the applicant was granted victim status in the investigation concerning the abduction of her daughter, it does not appear that she was informed of any significant developments in the investigation. 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.
90. Finally, it appears that the investigation was adjourned and resumed several times. It also appears that there were lengthy periods of inactivity on the part of the prosecuting authorities, when no investigative measures were being taken.
91. 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 for many years with no tangible results. Furthermore, the applicant, having no access to the case file and not being properly informed of the progress of the investigation, could not have effectively challenged acts or omissions of investigating authorities before a court. Moreover, owing to the time which had elapsed since the events complained of, certain investigative measures that ought to have been carried out much earlier could no longer usefully be conducted. Therefore, it is highly doubtful that the remedy relied on would have had any prospect of success. Accordingly, the Court finds that the remedies relied on by the Government were ineffective in the circumstances and dismisses their preliminary objection.
92. 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 Luiza Mutayeva, in breach of Article 2 in its procedural aspect.

III. Alleged violation of Article 3 of the Convention

93. The applicant relied on Article 3 of the Convention, submitting that as a result of her daughter's disappearance and the State's failure to investigate it properly, she had endured mental suffering in breach of Article 3 of the Convention. Article 3 reads:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."

A. The parties' submissions

94. The Government disagreed with these allegations and argued that the investigation had not established that the applicant had been subjected to inhuman or degrading treatment prohibited by Article 3 of the Conventio



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