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

been duly informed of all decisions taken during the investigation.
48. In response to the Court's request, the Government submitted only a few documents from the criminal investigation file. The Government requested the Court to apply Rule 33 § 3 of the Rules of Court concerning confidentiality of the submitted documents and to restrict public access to the submitted documentation. In their request the Government stated that the criminal investigation was still in progress and that public disclosure of the documents could be detrimental to the interests of participants in the criminal proceedings.
49. The Government further stated that a copy of the entire investigation file could not be submitted to the Court owing to the absence of any guarantees on the part of the Court of non-disclosure of the secret data contained in the investigation file. In this respect the Government referred to Article 161 of the Criminal Procedure Code, since the file contained information concerning participants in criminal proceedings. They also cited, by way of comparison, the Rome Statute of the International Criminal Court of 17 July 1998 (Articles 70 and 72) and the Statute of the International Criminal Tribunal for the former Yugoslavia (Articles 15 and 22) and argued that these instruments provided for personal responsibility for a breach of the rules of confidentiality.

C. Proceedings against law-enforcement officials

50. On an unspecified date in 2004 the applicant complained to the Urus-Martan town court (the town court). She sought a ruling obliging the district prosecutor's office to conduct an effective investigation of Aslan Sadulayev's abduction and to provide her with access to the investigation file.
51. On 14 May 2004 the town court allowed her complaint in part. The court instructed the district prosecutor's office to conduct an effective and thorough investigation in the criminal case and to question witnesses Ms T.S. and Mr M.M. The remainder of the applicant's complaint was rejected.
52. On 3 March 2005 the applicant again complained to the town court. She sought a ruling obliging the district prosecutor's office to conduct an effective investigation in the criminal case. In her complaint the applicant pointed out that the authorities had failed to comply with the court's decision of 14 March 2004.
53. On 22 March 2005 the town court rejected her complaint. The court stated that the investigation had taken all measures possible in the absence of those to be charged with the crime. On 15 June 2005 this decision was upheld on appeal.

II. Relevant domestic law

54. For a summary of the relevant domestic law see Akhmadova and Sadulayeva v. Russia (No. 40464/02, §§ 67 - 69, 10 May 2007).

THE LAW

I. The Government's objection regarding non-exhaustion
of domestic remedies

A. The parties' submissions

55. The Government contended that the complaint should be declared inadmissible for non-exhaustion of domestic remedies. They submitted that the investigation into the disappearance of Aslan Sadulayev had not yet been completed. They further argued that it had been open to the applicant to challenge in court any acts or omissions of the investigating authorities and that she could have pursued civil complaints but she had failed to do so.
56. The applicant contested that objection. She stated that the criminal investigation had proved ineffective and that her complaints to that effect, including her applications to the local court, had been futile. Referring to the other cases concerning similar incidents which had been reviewed by the Court, she also alleged that the existence of an administrative practice of non-investigation of crimes committed by State ser



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