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





esence of two witnesses. Mr A.A. also stated that he had seen the seized pistol with the serial number corresponding to that taken from M.M. and a number of empty cartridges. The investigators put them in bags and sealed off the courtyard of the house.
43. The Government submitted a note dated 14 March 2005, in which Mrs Raisa Ya. stated that the family had refused to submit the body of Summaya Abdurashidova for an autopsy with the aim of establishing the cause of her death. The note stated that the family knew the cause of the child's death and that they wanted to proceed with the burial in accordance with religious rites.
44. The Government submitted an undated note signed by the applicant to the effect that she had received from the investigator of the district prosecutor's office two golden rings and her passport, which had been seized at her house on 14 March 2005.
45. The Government also submitted a number of letters sent by the district prosecutor's office to the applicant. On 4 April 2005 the investigator informed the applicant that the investigation had established that her daughter had died as a result of grenade explosions caused by S.Ya. and R.Yu. The criminal proceedings against the two men had been terminated on account of their deaths. Two rings had been returned to the applicant. She could seek compensation for other damage through the Khasavyurt District Court. The decisions of the investigators could be appealed against to a higher-ranking prosecutor or to a court.
46. From the documents submitted it does not appear that the investigators attempted to take statements from the applicant, her husband or their neighbours.
47. The Government stated that the investigation of criminal case file No. 5111 was in progress and that disclosure of other documents would be in violation of Article 161 of the Code of Criminal Procedure, since the files contained information of a military nature and personal data concerning the witnesses or other participants in the criminal proceedings.

C. Court proceedings brought by the applicant

48. On 14 June 2005 the applicant complained to the Khasavyurt District Court of Dagestan ("the district court") about the destruction of her property during the special operation conducted on 14 March 2005 and the failure of the authorities to initiate criminal proceedings into the death of Summaya Abdurashidova. She sought a ruling obliging the district prosecutor's office to initiate an investigation into the crime and to prosecute the perpetrators.
49. On 2 August 2005 the district court refused to examine her complaint. It stated that the applicant was entitled to appeal against actions of the district prosecutor's office only within the course of an ongoing criminal investigation or that she could appeal against the authorities' refusal to initiate criminal proceedings. The court pointed out that she had failed to submit any evidence of an ongoing criminal investigation or of the authorities' refusal to initiate criminal proceedings.
50. The applicant did not appeal against that decision.

II. Relevant domestic law

51. For a summary of the relevant domestic law see Akhmadova and Sadulayeva v. Russia (No. 40464/02, §§ 67 - 69, 10 May 2007).

THE LAW

I. Alleged violation of Article 2 of the Convention

52. The applicant alleged that the authorities had breached both their negative and positive obligations under Article 2 in respect of her daughter. She also complained that no proper investigation had taken place. 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 pe



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