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





the context of the criminal investigation.
92. In the light of the foregoing, the Court holds that the authorities failed to carry out an effective criminal investigation into the circumstances surrounding the disappearance of Zurab Iriskhanov, in breach of Article 2 in its procedural aspect.

IV. Alleged violation of Article 3 of the Convention

93. The applicants relied on Article 3 of the Convention, submitting that Gilani Iriskhanov had been subjected to inhuman or degrading treatment prohibited by Article 3 of the Convention and that as a result of the disappearance of their son Zurab Iriskhanov and the State's failure to investigate it properly they had endured mental suffering in breach of Article 3 of the Convention. Article 3 reads:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."

A. The complaint concerning Gilani Iriskhanov

94. In their observations on the admissibility and merits of the application the applicants stated that they no longer wished to maintain this complaint.
95. The Court, having regard to Article 37 of the Convention, notes that the applicants do not intend to pursue this part of the application, within the meaning of Article 37 § 1 (a). It finds no reasons of a general character affecting respect for human rights as defined in the Convention which require further examination of the present complaints by virtue of Article 37 § 1 of the Convention in fine (see, among other authorities, Chojak v. Poland, No. 32220/96, Commission decision of 23 April 1998, unpublished; Singh and Others v. the United Kingdom (dec.), No. 30024/96, 26 September 2000; and Stamatios Karagiannis v. Greece, No. 27806/02, § 28, 10 February 2005).
96. It follows that this part of the application must be struck out in accordance with Article 37 § 1 (a) of the Convention.

B. The complaint concerning the applicants' mental
and emotional suffering

1. The parties' submissions

97. The Government disagreed with these allegations and argued that the investigation had not established that the applicants had been subjected to inhuman or degrading treatment prohibited by Article 3 of the Convention.
98. The applicants maintained their submissions.

2. The Court's assessment

a. Admissibility
99. The Court notes that this complaint under Article 3 of the Convention is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.
b. Merits
100. The Court has found on many occasions that in a situation of enforced disappearance close relatives of the victim may themselves be victims of treatment in violation of Article 3. The essence of such a violation does not mainly lie in the fact of the "disappearance" of the family member but rather concerns the authorities' reactions and attitudes to the situation when it is brought to their attention (see Orhan v. Turkey, No. 25656/94, § 358, 18 June 2002, and Imakayeva, cited above, § 164).
101. In the present case the Court notes that the applicants are the parents of the disappeared person who witnessed his abduction. For more than seven years they have not had any news of the missing man. During this period the applicants have made enquiries of various official bodies, both in writing and in person, about their missing son. Despite their attempts, the applicants have never received any plausible explanation or information about what became of him following his detention. The responses they received mostly denied State responsibility for their relative's arrest or simply informed them that the investigation was ongoin



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