Постановление Европейского суда по правам человека от 08.04.2010 «Дело Тасатаевы (Tasatayevy) против России» [англ.]

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

79. The Government contended that the domestic investigation had obtained no evidence to the effect that Aslan and Aslanbek Tasatayev were dead or that any servicemen of the federal law-enforcement agencies had been involved in their kidnapping or alleged killing. They claimed that the investigation into the kidnapping of the applicants' relatives met the Convention requirement of effectiveness, as all measures available under national law were being taken to identify those responsible. The Government also noted that the decisions to suspend and resume the proceedings did not demonstrate their ineffectiveness, but showed that the authorities in charge were continuing to take steps to solve the crime.
80. The applicants argued that Aslan and Aslanbek Tasatayev had been detained by State servicemen and should be presumed dead in the absence of any reliable news of them for several years. They also argued that the investigation had not met the effectiveness and adequacy requirements laid down by the Court's case-law. The applicants pointed out that the prosecutor's office had not taken some crucial investigative steps. The investigation into Aslan and Aslanbek Tasatayev's kidnapping had been opened several weeks after the events and then had been suspended and resumed a number of times, thus delaying the taking of the most basic steps, and that the relatives had not been properly informed of the most important investigative measures. The fact that the investigation had been pending for such a long period of time without producing any tangible results was further proof of its ineffectiveness. They also 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.

B. The Court's assessment

1. Admissibility

81. The Court considers, in the light of the parties' submissions, that the complaint raises serious issues of fact and law under the Convention, the determination of which requires an examination of the merits. Further, the Court has already found that the Government's objection concerning the alleged non-exhaustion of domestic remedies should be joined to the merits of the complaint (see paragraph 63 above). The complaint under Article 2 of the Convention must therefore be declared admissible.

2. Merits

(a) The alleged violation of the right to life of Aslan and Aslanbek Tasatayev
82. The Court has already found that the applicants' relatives must be presumed dead following unacknowledged detention by State servicemen. In the absence of any justification put forward by the Government, the Court finds that the deaths can be attributed to the State and that there has been a violation of Article 2 in respect of Aslan and Aslanbek Tasatayev.
(b) The alleged inadequacy of the investigation of the kidnapping
83. The Court has on many occasions stated that the obligation to protect the right to life under Article 2 of the Convention also requ



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