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

nalty 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. Admissibility

1. The parties' submissions

53. The Government contended that the complaint should be declared inadmissible for non-exhaustion of domestic remedies. They argued that the applicant had not used the normal recourse provided for by the domestic legislation. She had failed to appeal to a prosecutor's office or to a court against the decision to terminate the criminal proceedings against S.Ya. and R.Yu. In August 2005 her complaint to the district court had been left unexamined since she had failed to refer to the contested decision. They further argued that it had been open to the applicant to pursue civil proceedings.
54. The applicant contested that objection. She stated that the criminal investigation had proved to be ineffective and that her complaints to that end, including an application to the district court, had been futile. The applicant stressed that she had not been accorded any procedural status in the investigation allegedly relating to her daughter's death. The district prosecutor's office had not informed her of any procedural decisions and the district court had found the information contained in the letter of 4 April 2005 insufficient to review her complaint in substance. With reference to the Court's practice, she argued that she was not obliged to apply to civil courts in order to exhaust domestic remedies. Finally, she referred to the threats to herself and the alleged persecution of her lawyer B., as a result of which they had both left Russia and sought asylum abroad.

2. The Court's assessment

55. 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.
56. 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 v. Russia, No. 60272/00, § 77, 12 October 2006). In the light of the above, the Court confirms that the applicant was not obliged to pursue civil remedies. The Government's objection in this regard is thus dismissed.
57. As regards criminal-law remedies, the Court observes that under Russian law, parties to proceedings may challenge the progress of the criminal investigation before a supervising prosecutor or a judge. It is undisputed that the authorities were immediately aware of the applicant's daughter's death and took some steps to investigate it. However, the applicant and members of her family were excluded from these proceedings. Contrary to the usual practice under national law, the deceased's family members were not granted the official status of victims in the criminal proceedings, a procedural role which would have entitled them to intervene during the course of the investigation. In March and April 2005 the applicant submitted a number of complaints to various authorities, including the prosecutor's office, but this did not prompt the investigators to correct the situation and to acco



> 1 2 3 ... 7 8 9 ... 16 17 18

	Поделиться:	Tweet