Главная страницаZaki.ru законы и право Поиск законов поиск по сайту Каталог документов каталог документов Добавить в избранное добавить сайт Zaki.ru в избранное




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





een left behind, ensuring her safety should have been the primary concern for the law-enforcement personnel. However, from the documents submitted by the Government, it does not appear that any precautions were taken with a view to safeguard the child's life. Instead, it appears that an exchange of fire was provoked by the sending of two officers of the special police force to enter the house by the main door. This led to the wounding of the two officers and the deaths of both suspects and Summaya Abdurashidova. While bearing in mind the limitations on the scope of its review as mentioned above, the Court finds that such conduct by the police could hardly be found to be compatible with the requirement to minimise the risk to life of persons in need of protection.
80. Finally, the Court is surprised by the lack of diligence displayed in the immediate aftermath of the skirmish. Thus, it is impossible to understand why a local resident was allowed on to the site before the investigators and emergency services. The Court will discuss the deficiencies of the investigation below; however, the control over security arrangements whereby a civilian was able to penetrate the police lines can be best described as seriously flawed.
81. In the light of the foregoing, and in so far as conclusions may be drawn from the material before it, the Court finds that the actions of the authorities in respect of the planning, control and execution of the operation were not sufficient to safeguard the life of Summaya Abdurashidova. The authorities failed to take the reasonable measures available to them in order to prevent a real and immediate risk to the life of the applicant's daughter.
82. There has accordingly been a violation of the positive obligations arising under Article 2.
(c) 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 requires by implication that there should be some form of effective official investigation when individuals have been killed as a result of the use of force. It has developed a number of guiding principles to be followed for an investigation to comply with the Convention's requirements (for a summary of these principles see Bazorkina, cited above, §§ 117 - 119).
84. In the present case the investigation took some steps to establish the circumstances of Summaya Abdurashidova's death. The investigator and forensic and criminal experts drew up a description of the body and took photographs of it. Their statements were collected in April 2005. These measures were taken in the course of the proceedings conducted by the district prosecutor's office against the two men suspected of the murder of a police inspector and involvement in illegal armed groups.
85. However, no separate inquiry was initiated for the purpose of ascertaining the details of the applicant's daughter's death. Consequently, other important investigative steps have not been taken, such as questioning the other witnesses and ordering additional expert reports.
86. The Court is appalled by the fact that as a result of this failure the applicant was never accorded any procedural status, and was thus entirely excluded from the investigation concerning her daughter's death. The investigators in the present case blatantly ignored the requirements to safeguard the interests of the next of kin in the proceedings and to allow public scrutiny. What is even more disturbing is that this situation was not corrected when the applicant attempted to bring this failure to the attention of the district court, whose role in principle should be to act as a safeguard against the arbitrary exercise of powers by the investigating authorities (see, mutatis mutandis, Trubnikov v. Russia (dec.), No. 49790/99, 14 October 2003)



> 1 2 3 ... 12 13 14 ... 16 17 18

Поделиться:

Опубликовать в своем блоге livejournal.com
0.1459 с