Постановление Европейского суда по правам человека от 01.04.2010 «Дело Муцолгова и другие (Mutsolgova and others) против России» [англ.]

y the prosecutor's office had established that L.T. had not been involved in the abduction of Bashir Mutsolgov.
The suspension of the investigation in view of the failure to identify the persons having committed the abduction of Bashir Mutsolgov is in accordance with the requirements of Article 208 of the CCP."
70. The third applicant appealed against the decision, submitting that the Town Court's reasoning concerning the promptness of the institution of the investigation was absurd. In particular, applying that reasoning, the investigating authorities would be free not to institute a criminal investigation for months if the authority which they had requested to provide the information failed to reply in due time. He further challenged the court's finding that the investigation had carried out all necessary steps and had taken them in due time. In particular, he stressed that the investigation had not confronted officer Ch. and officer L.T., although the former expressly stated that he had seen L.T. at the scene of an explosion where L.T. was working in a group of FSB officers and had identified himself as an FSB officer. Lastly, the third applicant pointed out that the photofit image of the abductor seen by officer Ch. had been compiled only a year after the opening of the investigation and after the applicant's repeated requests.
71. On 5 July 2005 the Supreme Court of the Ingushetiya Republic dismissed the third applicant's appeal, having found that the investigating authorities had taken all necessary measures to find the missing man and those involved in the abduction.

II. Relevant domestic law

72. 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

73. The Government contended that the applicants' complaints should be declared inadmissible for non-exhaustion of domestic remedies. They submitted that the investigation into the disappearance of Bashir Mutsolgov had not yet been completed. They further argued that it had been open to the applicants, who had not been granted victim status, to request that it be granted to them and to challenge any refusal to do so. Being recognised victims of the crime, the applicants would be - and the third applicant was - entitled to request the investigating authority, orally or in writing, to carry out specific investigative measures. Furthermore, it had been open to all applicants to challenge in court any acts or omissions of the investigating or other law-enforcement authorities. The Government also pointed out that the applicants had not lodged a claim for compensation of non-pecuniary damage under Articles 1069 - 70 of the Civil Code.
74. The applicants contested that objection. They stated that the criminal investigation had proved to be ineffective and that, by challenging its ineffectiveness before the courts of two instances, they had complied with the exhaustion requirement. With reference to the Court's practice, they argued that they were not obliged to apply to civil courts in order to exhaust domestic remedies.

B. The Court's assessment

75. The Court will examine the arguments of the parties in the light of the provisions of the Convention and its relevant practice (for a relevant summary, see Estamirov and Others v. Russia, No. 60272/00, §§ 73 - 74, 12 October 2006).
76. The Court notes that the Russian legal system provides, in principle, two avenues of recourse for the victims of illegal and criminal acts attributable to the State or its agents, namely civil and criminal remedies.
77. As regards a civil acti



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