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

of her life 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. The parties' submissions

60. The applicant argued that Luiza Mutayeva had been detained by State servicemen and should be presumed dead in the absence of any reliable news of her for several years. She maintained her previous submissions and pointed, among other things, to the Government's acknowledgement that the village of Assinovskaya was under the control of State authorities, which at the relevant time maintained manned checkpoints at all entry and exit points to it. Furthermore, the military prosecutor confirmed that the vehicles used for her daughter's abduction were part of the usual equipment of the federal forces stationed in the vicinity but the investigating authorities failed to identify them and their owners. The applicant specified that she and her family members had mistakenly given 2003 as the year of Luiza's abduction for marriage when they were being interviewed by the investigating authorities in April 2004. In reality, Luiza Mutayeva had been abducted for marriage in December 2002 and had been returned home. She suggested that Luiza Mutayeva's abduction might have been connected to the alleged involvement of her other daughter, Malizha Mutayeva, in the terrorist attack in Dubrovka, Moscow, in October 2002. Lastly, the applicant invited the Court to draw conclusions from the Government's unjustified failure to submit the documents from the case file to them or to the Court.
61. The applicant further argued that the investigation into Luiza Mutayeva's abduction had not met the effectiveness and adequacy requirements laid down by the Court's case-law. In particular, the authorities had waited several months before opening the investigation. Despite credible pieces of evidence of the involvement of servicemen in the abduction and instead of interviewing the servicemen who might have been implicated in it, the investigating authorities limited their activities to sending out written requests to various State bodies. The investigation had been suspended several times but after four years had failed to produce any meaningful results, the applicant being not properly informed of the basic investigative steps and having no access to the investigation documents.
62. The Government contended that the domestic investigation had obtained no evidence that Luiza Mutayeva was dead or that any servicemen had been involved in her kidnapping or alleged killing. The fact that the abductors were armed and wearing camouflage uniforms did not prove that they were State servicemen. Moreover, the applicant did not refer to insignia on their uniforms or submit that they had used specific military language. While several witnesses referred to the presence of armoured vehicles, the applicant herself did not mention those vehicles. Furthermore, in contrast to the application form, before the domestic authorities the applicant stated that the abductors spoke both Russian and Chechen. Whilst not disputing that the area in question was under the control of the authorities, the Government suggested that insurg



> 1 2 3 ... 8 9 10 ... 17 18 19

	Поделиться:	Tweet