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

of Aslan Sadulayev was investigated. The Court must assess whether that investigation met the requirements of Article 2 of the Convention.
83. 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.
84. The Court notes that on 18 December 2002 the authorities were made aware of the abduction by the applicant's submissions (see paragraphs 20 and 30 above). The investigation in the criminal case was instituted on 31 January 2003, that is one month and thirteen days after the authorities were informed about the incident. 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 either delayed or not taken at all. For instance, as can be seen from the decision of the town court of 14 May 2004, by that date the investigators had not identified or questioned key witnesses to the abduction (see paragraph 51 above). Further, the investigators had not taken such crucial steps as identifying the APCs used by the abductors and questioning their drivers; they had not questioned any representatives of local military and law-enforcement agencies about possible involvement of their personnel in the abduction; they had failed to take any measures to establish the whereabouts of the purple VAZ car which had been taken away by the abductors and had failed to question any of the local residents to establish the whereabouts of the key witnesses to the abduction. In addition, it does not appear that the investigators attempted to take any steps to identify the driver and the passengers of the bus which had also been stopped at the checkpoint by the military servicemen or any other local residents who had been present at the checkpoint during the incident (see paragraph 9 above) and to question them about the events. 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 crime (see {Oneryildiz} v. Turkey [GC], No. 48939/99, § 94, ECHR 2004-XII).
85. The Court also notes that even though the applicant was granted victim status in the investigation concerning the abduction of her son, she 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.
86. Finally, the Court notes that the investigation was suspended and resumed on numerous occasions and that there were lengthy periods of inactivity on the part of the district prosecutor's office when no proceedings were pending.
87. Having regard to the limb of the Government's preliminary objection that was joined to the merits of the complaint, inasmuch as it concerns the fact that the domestic investigation is still pending, the Court notes that the investigation, having being repeatedly suspended and resumed and plagued by inexplicable delays, has been pending for many years without producing any tangible results. Accordingly, the Court finds that the remedy relied on by the Government was ineffective in the circumst

> 1 2 3 ... 10 11 12 ... 14 15 16

0.1564 с