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

- 74, 12 October 2006).
60. The Court notes that the Russian legal system provides, in principle, two avenues of recourse for the victims of illegal and criminal acts attributable to the State or its agents, namely civil and criminal remedies.
61. 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 applicants were not obliged to pursue civil remedies. The Government's objection in this regard is thus dismissed.
62. As regards criminal law remedies, the Court observes that the applicants complained to the law enforcement authorities immediately after the abduction of Aslan and Aslanbek Tasatayev and that an investigation has been pending since 8 July 2001. The applicants and the Government dispute the effectiveness of the investigation of the kidnapping.
63. 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. The Court's assessment of the evidence
and the establishment of the facts

A. The parties' arguments

64. The applicants maintained that it was beyond reasonable doubt that the men who had abducted Aslan and Aslanbek Tasatayev were State agents. In support of their complaint they referred to the following: at the material time Urus-Martan was under the total control of federal troops. There were Russian military checkpoints on the roads leading to and from the town. The area was under curfew. The abductors arrived as a large group late at night, which indicated that they had been able to circulate freely past curfew. The men interacted by gesturing, had chain of command and acted in a manner similar to that of special forces carrying out an identity check. They were wearing specific camouflage uniforms, were well-armed, and had portable radios and a dog. The men had broken into the applicants' houses and the houses of the applicants' neighbours without fear of being heard by law enforcement agencies located in close proximity to the houses. All the information disclosed from the criminal investigation file supported their assertion as to the involvement of State agents in the abduction. Since the applicants' sons had been missing for a very lengthy period, they could be presumed dead. That presumption was further supported by the circumstances in which they had been arrested, which should be recognised as life-threatening.
65. The Government submitted that unidentified armed men had kidnapped Aslan and Aslanbek Tasatayev. They further contended that the investigation of the incident was pending, that there was no evidence that the men were State agents and that there were therefore no grounds for holding the State liable for the alleged violations of the applicants' rights. They further argued that there was no convincing evidence that the applicants' relatives were dead. The Government raised a number of objections to the applicants' presentation of facts. The fact that the perpetrators of the abduction spoke unaccented Russian and were wearing camouflage uniforms did not mean that these men could not have been members of illegal armed groups. The Government further alleged that the applicants' description of the circumstan



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