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





who could have also witnessed the abduction (for example, see paragraph 54 above) and they had failed to question any of the local law-enforcement or military officers about their possible involvement in the abduction. It is obvious that these investigative measures, if they were to produce any meaningful results, should have been taken immediately after the crime was reported to the authorities, and as soon as the investigation commenced. Such delays, for which there has been no explanation in the instant case, not only demonstrate the authorities' failure to act of their own motion but also constitute a breach of the obligation to exercise exemplary diligence and promptness in dealing with such a serious matter (see {Oneryildiz} v. Turkey [GC], No. 48939/99, § 94, ECHR 2004-XII).
99. The Court also notes that even though the first applicant was granted victim status in the investigation concerning his son's abduction, he was only informed of the suspension and resumption of the proceedings, and not of any other significant developments. Accordingly, the investigators failed to ensure that the investigation received the required level of public scrutiny, or to safeguard the interests of the next of kin in the proceedings.
100. Finally, the Court notes that the investigation was adjourned and resumed on several occasions and that there were lengthy periods of inactivity on the part of the district prosecutor's office when no proceedings were pending.
101. The Government argued that the applicants could have sought judicial review of the decisions of the investigating authorities in the context of the exhaustion of domestic remedies. The Court observes that the applicants, having no access to the case file and not being properly informed of the progress of the investigation, could not have effectively challenged acts or omissions of investigating authorities before a court. Furthermore, the Court emphasises in this respect that while the suspension or reopening of proceedings is not in itself a sign that the proceedings are ineffective, in the present case the decisions to adjourn were made without the necessary investigative steps being taken, which led to numerous periods of inactivity and thus unnecessary protraction. Moreover, owing to the time that had elapsed since the events complained of, certain investigative measures that ought to have been carried out much earlier could no longer usefully be conducted. Therefore, it is highly doubtful that the remedy relied on would have had any prospects of success. Accordingly, the Court finds that the remedy cited by the Government was ineffective in the circumstances and dismisses their preliminary objection as regards the applicants' failure to exhaust domestic remedies within the context of the criminal investigation.
102. In the light of the foregoing, the Court holds that the authorities failed to carry out an effective criminal investigation into the circumstances surrounding the disappearance of Sarali Seriyev, in breach of Article 2 in its procedural aspect.

IV. Alleged violation of Article 3 of the Convention

103. The applicants relied on Article 3 of the Convention, submitting that as a result of the death of Bilkis Askhabayeva and Sarali Seriyev's disappearance and the State's failure to investigate these incidents properly they had endured mental suffering in breach of Article 3 of the Convention. Article 3 reads:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."

A. The parties' submissions

104. The Government disagreed with these allegations and argued that the investigation had not established that the applicants had been subjected to inhuman or degrading treatment prohibited by Article 3 of the Convention.
105. The applicants maintained their submiss



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