Постановление Европейского суда по правам человека от 18.02.2010 «Дело Ирисханова и Ирисханов (Iriskhanova and Iriskhanov) против России» [англ.]

e Convention requirement of effectiveness, as all measures available under national law were being taken to identify those responsible.
82. The applicants argued that Zurab Iriskhanov had been detained by State servicemen and should be presumed dead, in the absence of any reliable news of him for several years. The applicants also argued that the investigation had not met the effectiveness and adequacy requirements, laid down by the Court's case-law. The applicants pointed out that by 2005 the district prosecutor's office had not taken some crucial investigative steps, such as questioning a number of witnesses to the abduction. The investigation into Zurab Iriskhanov's kidnapping had been opened five days after the events and then had been suspended and resumed a number of times - thus delaying the taking of the most basic steps - and that the relatives had not been properly informed of the most important investigative measures. The fact that the investigation had been pending for such a long period of time without producing any known results was further proof of its ineffectiveness. They also invited the Court to draw conclusions from the Government's unjustified failure to submit the documents from the case file to them or to the Court.

B. The Court's assessment

1. Admissibility

83. 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 65 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 Zurab Iriskhanov
84. The Court has already found that the applicants' son 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 Zurab Iriskhanov.
(b) The alleged inadequacy of the investigation of the kidnapping
85. 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).
86. In the present case, the kidnapping of Zurab Iriskhanov was investigated. The Court must assess whether that investigation met the requirements of Article 2 of the Convention.
87. 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 documents partially submitted by the parties and the information about its progress presented by the Government.
88. The Court notes that the authorities were made aware of the crime by the applicants' oral submissions immediately after the abduction and by their written submission on 21 June 2002. The investigation in case No. 63045 was instituted on 24 June 2002, that is five days after Zurab Iriskhanov'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



> 1 2 3 ... 11 12 13 ... 17 18 19

	Поделиться:	Tweet