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





B. The Court's assessment

1. Admissibility

97. The Government argued that the applicant had failed to exhaust domestic remedies. As regards criminal-law remedies, the Court observes that the applicant alleged that the damage had been caused to her property during the security operation of 14 March 2005. The applicant raised the question of the damage to her property in her formal complaints to the authorities (paragraph 21). However, for the same reasons as noted above in respect of her complaint under Article 2, not only was no investigation conducted into this allegation, but the applicant was not accorded any procedural status. This deprived her of any possibility of participating in the proceedings or even of appealing effectively against their outcome. The Court refers to its conclusions in paragraph 58 above, and finds that the applicant exhausted domestic remedies in this respect.
98. Furthermore, in the absence of any domestic findings concerning the responsibility for the damage caused to the applicant's property, the Court is not persuaded that the court remedy referred to by the Government was accessible to the applicant and would have had any prospects of success (see Betayev and Betayeva v. Russia, No. 37315/03, § 112, 29 May 2008). The Government's objection concerning non-exhaustion of domestic remedies must therefore be dismissed.
99. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that the complaint is not inadmissible on any other grounds and must therefore be declared admissible.

2. Merits

100. The Court notes that the Government did not deny that the applicant's property had been damaged during the security operation on 14 March 2005. They disagreed about the extent to which the State authorities had been responsible for the losses and the amount of damage caused.
101. The Court observes that the applicant brought her complaint about the property to the attention of both the prosecutor's service and the district court. She also took steps to record her losses with the assistance of the local administration (paragraph 30 above). Unfortunately, as noted above, no steps were taken to verify these complaints and to establish the exact circumstances of the events. The Government did not disclose any documents from the domestic investigation which could shed light on the events either; and the witnesses' statements simply confirmed that the house and household items had been damaged. It also follows from these statements that the damage had been at least partly caused by the State agents who had stormed the house. Accordingly, the Court finds that there was an interference with the applicant's right to the protection of her property.
102. In the absence of any arguments from the Government as to the lawfulness and proportionality of this interference, the Court finds that there has been a violation of the applicant's right to protection of property guaranteed by Article 1 of Protocol No. 1 to the Convention.

IV. Alleged violation of Article 13 of the Convention

103. The applicant complained that she had been deprived of effective remedies in respect of the aforementioned violations, contrary to Article 13 of the Convention, which provides:
"Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."

A. The parties' submissions

104. The Government contended that the applicant had had effective remedies at her disposal as required by Article 13 of the Convention and that the authorities ha



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