rd a procedural status to the applicant. The Government's memorandum does not contain any explanation of this omission. Thus, it is unclear how the applicant could have made use of these provisions.
58. Proof of the ineffectiveness of the domestic legal mechanisms in the present case is provided by the fact that on 2 August 2005 the district court refused to consider on the merits the applicant's complaint about the investigation, referring, in essence, to the absence of any procedural decisions taken upon her complaint. The Court is thus not persuaded that any further appeals by the applicant would have made any difference. The applicant must therefore be regarded as having complied with the requirement to exhaust the relevant criminal-law remedies.
59. Accordingly, the Court dismisses the Government's preliminary objection in respect of the complaints under Article 2.
60. 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 it is not inadmissible on any other grounds. It must therefore be declared admissible.
B. Merits
1. The parties' submissions
61. The applicant maintained that her daughter had been killed by the agents of the State who had carried out a security operation at her home. She referred to her own statements describing the operation. She insisted that the armed police officers had stormed her house without a warning and fired shots in the rooms, as a result of which her daughter had been killed. The documents from the domestic investigation were inconclusive and did not rule out her version of the events. She further maintained that the positive obligation to protect the right to life had been violated, since the special operation had been planned and executed without proper consideration for the safety of the inhabitants of the house. Finally, the applicant insisted that no proper investigation into the death had taken place, since the only proceedings instituted by the district prosecutor's office had been aimed at solving the crimes allegedly committed by S.Ya. and R.Yu.
62. The Government denied all those allegations. Citing the documents of the domestic investigation, they argued that the death of Summaya Abdurashidova had been caused by splinters from explosive devices used by the two criminal suspects. The applicant and her family had refused to submit the girl's body for an autopsy which could have provided conclusive results as to the cause of death. As to their positive obligation, the Government emphasised that the applicant's husband had knowingly harboured two armed criminal suspects in his family home. He had later been found guilty of this crime. Two police officers had been wounded when they had tried to enter the house and take the girl out. The State servicemen had thus done everything possible to prevent any harm to the applicant and her family. Faced with violent resistance from the two men and in order to save the lives of the two officers who had entered the house, the police had been forced to open fire, as a result of which both suspects had been killed. As to the investigation, the Government contended that it had been in line with domestic law and the Convention requirements.
2. The Court's assessment
(a) As to the responsibility of the respondent State for the death of Summaya Abdurashidova in the light of the substantive aspect of Article 2 of the Convention
63. It was not disputed by the parties that the applicant's daughter had been killed during a security operation aimed at the apprehension of two armed criminal suspects at the applicant's house. It was further recognised that both the police and the two suspects had employed lethal force; as a result of the operation, both suspects were k
> 1 2 3 ... 8 9 10 ... 16 17 18
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
