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

ued by inexplicable delays, has been open for many years without producing any tangible results. Accordingly, the Court finds that the remedy relied on by the Government was ineffective in the circumstances and dismisses their preliminary objection. The Government argued that the applicant could have sought judicial review of the decisions of the investigating authorities in the context of the exhaustion of domestic remedies. The Court observes that the applicant did, in fact, make use of that remedy, which eventually led to the resumption of the investigation. Nevertheless, the effectiveness of the investigation had already been undermined in its early stages by the authorities' failure to take necessary and urgent investigative measures. Moreover, the district court's instructions to the district prosecutor's office to investigate the crime effectively did not bring any tangible results for the applicant. The investigation was repeatedly suspended and resumed, but it appears that no significant investigative measures were taken to identify those responsible for the kidnapping. In such circumstances, the Court considers that the applicant could not be required to challenge in court every single decision of the district prosecutor's office. Accordingly, the Court finds that the remedy cited by the Government was ineffective in the circumstances and dismisses their preliminary objection as regards the applicant's failure to exhaust domestic remedies within the context of the criminal investigation.
74. 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 Sultan Khatuyev, in breach of Article 2 in its procedural aspect.

IV. Alleged violation of Article 3 of the Convention

75. The applicant relied on Article 3 of the Convention, submitting that Sultan Khatuyev had been subjected to inhuman or degrading treatment prohibited by Article 3 of the Convention and that as a result of her husband'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

76. The Government disagreed with these allegations and argued that the investigation had not established that the applicant and Sultan Khatuyev had been subjected to inhuman or degrading treatment prohibited by Article 3 of the Convention.
77. The applicant maintained her submissions.

B. The Court's assessment

1. Admissibility

(a) The complaint concerning Sultan Khatuyev
78. The Court reiterates that allegations of ill-treatment must be supported by appropriate evidence. To assess this evidence, the Court adopts the standard of proof "beyond reasonable doubt" but adds that such proof may follow from the coexistence of sufficiently strong, clear and concordant inferences or of similar unrebutted presumptions of fact (see Ireland v. the United Kingdom, cited above, § 161 in fine).
79. The Court has found it established that Sultan Khatuyev was detained on 2 August 2004 by federal forces and that no reliable news of him has been received since. It has also found that, in view of all the known circumstances, he can be presumed dead and that the responsibility for his death lies with the State authorities. However, the questions of the exact way in which he died and whether he was subjected to ill-treatment while in detention have not been elucidated. The Court considers that the applicant's reference to her conversation with Mr U.I. does not enable it to find beyond all reasonable doubt that Mr Khatuyev was



> 1 2 3 ... 9 10 11 ... 14 15 16

	Поделиться:	Tweet