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

after the event. It appears that after that a number of essential steps were delayed and were eventually taken only several years after the events or not at all. It follows from the submitted documents that the investigation questioned a number of witnesses to the abduction only in May - June 2005, that is three years after the events in question. Furthermore, the district prosecutor's office failed to take such basic investigating steps as to establish the identity of the owners of the military vehicles used by the abductors and question their drivers, or to try to identify and question the servicemen who had been manning the checkpoints in Samashki about the passage of the APCs on 19 June 2002; they failed to question the local military commander about the possible involvement of his staff in the abduction of the applicants' sons and the subsequent detention of Zurab and Gilani Iriskhanov in his office building; they failed to verify a number of concurring witness statements concerning the helicopter's involvement in the transportation of the abducted men to Khankala and Gilani Iriskhanov's allegations concerning his detention in the military commander's office, Khankala and in the RUBOP in Grozny. 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 had begun. Such delays, for which there has been no explanation in the instant case, not only demonstrate the authorities' failure to act of their own accord but also constitute a breach of the obligation to exercise exemplary diligence and promptness in dealing with such a serious crime (see Paul and Audrey Edwards v. the United Kingdom, No. 46477/99, § 86, ECHR 2002-II).
89. The Court also notes that even though the first 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.
90. 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. For instance, it follows from the documents submitted that no proceedings whatsoever were pending between July 2002 and May 2005.
91. 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 the 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



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