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

meaning of Article 34 of the Convention (see Caraher v. UK (dec.), No. 24520/94, ECHR).
91. As for the procedural limb of the applicants' complaint that the investigation into the circumstances of Bilkis Askhabayeva's death was ineffective, the Court observes that the first applicant was granted victim status in the criminal case, which allowed him to participate in the proceedings. However, the applicant did not attempt to take any steps to appeal the authorities' decision to terminate the criminal investigation (see paragraphs 11 and 12 above). In these circumstances the Court notes that the applicants failed to exhaust domestic remedies available to them (see Yildiz v. Turkey (dec.), No. 34542/03).
92. The Court concludes that the applicants' complaint under Article 2 of the Convention in respect of the death of Bilkis Askhabayeva must therefore be rejected as manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.
(b) The alleged violation of the right to life of Sarali Seriyev and the alleged inadequacy of the investigation of his disappearance
93. The Court considers, in the light of the parties' submissions, that the complaint raises serious issues of fact and law under the Convention, the determination of which requires an examination of the merits. Further, the Court has already found that the Government's objection concerning the alleged non-exhaustion of domestic remedies should be joined to the merits of the complaint (see paragraph 72 above). The complaint under Article 2 of the Convention must therefore be declared admissible.

2. Merits

(a) The alleged violation of the right to life of Sarali Seriyev
94. The Court has already found that the applicants' relative must be presumed dead following unacknowledged detention by State servicemen. In the absence of any justification put forward by the Government, the Court finds that his death can be attributed to the State and that there has been a violation of Article 2 in respect of Sarali Seriyev.
(b) The alleged inadequacy of the investigation of the kidnapping
95. 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).
96. In the present case, the kidnapping of Sarali Seriyev was investigated. The Court must assess whether that investigation met the requirements of Article 2 of the Convention.
97. The Court notes at the outset that most of the documents from the investigation were not disclosed by the Government. It therefore has to assess the effectiveness of the investigation on the basis of the few documents submitted by the parties and the information about its progress presented by the Government.
98. The Court notes that the authorities were immediately made aware of the kidnapping by the applicants' submissions. The investigation in case No. 36076 was instituted on 2 July 2004, that is, a month after Sarali Seriyev's abduction. Such a postponement per se was liable to affect the investigation of the kidnapping in life-threatening circumstances, where crucial action has to be taken in the first days after the event. It appears that after that a number of essential steps were delayed or not taken at all. For instance, the investigators did not question the Russian federal servicemen who had been on duty at the checkpoints on the day of the abduction; they had not questioned the applicants' neighbours apart from Mr V.S.,



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