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





gress and that disclosure of the documents would be in violation of Article 161 of the Code of Criminal Procedure, since the file contained information on personal data concerning witnesses and other participants in the criminal proceedings.

II. Relevant domestic law

51. For a summary of the relevant domestic law see Akhmadova and Sadulayeva v. Russia (No. 40464/02, §§ 67 - 69, 10 May 2007).

THE LAW

I. The Government's objection regarding
non-exhaustion of domestic remedies

A. The parties' submissions

52. The Government contended that the complaint should be declared inadmissible for non-exhaustion of domestic remedies. They submitted that the investigation into the disappearance of Luiza Mutayeva had not yet been completed. They further argued that it had been open to the applicant to challenge in court any acts or omissions of the investigating or other law-enforcement authorities, but that the applicant had not availed herself of that remedy. In that connection the Government referred to decisions of courts in the Chechen Republic on complaints by A., S. and E., where several district courts granted in part or in full those persons' complaints concerning the alleged omissions in the investigation. The Government did not furnish copies of those decisions. They also pointed out that the applicants had not lodged a claim for compensation of non-pecuniary damage under Articles 1069 - 70 of the Civil Code.
53. The applicant contested that objection. She stated that the criminal investigation had proved to be ineffective and that her complaints to that effect had been futile. With reference to the Court's practice, she argued that she was not obliged to apply to civil courts in order to exhaust domestic remedies.

B. The Court's assessment

54. The Court will examine the arguments of the parties in the light of the provisions of the Convention and its relevant practice (for a relevant summary see Estamirov and Others v. Russia, No. 60272/00, §§ 73 - 74, 12 October 2006).
55. The Court notes that the Russian legal system provides, in principle, two avenues of recourse for victims of illegal and criminal acts attributable to the State or its agents, namely civil and criminal remedies.
56. 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.
57. As regards criminal law remedies provided for by the Russian legal system, the Court observes that the applicant complained to the law-enforcement authorities about the kidnapping of Luiza Mutayeva and that an investigation has been pending since 27 April 2004. The applicant and the Government dispute the effectiveness of the investigation of the kidnapping.
58. 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 applicants' 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

59. The applicant complained under Article 2 of the Convention that her daughter had been deprived



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