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





stigators were verifying two theories concerning the abduction. Firstly, that Zurab Iriskhanov had staged his abduction with the assistance of his close relatives in order to join illegal armed groups. Secondly, that he had been kidnapped by criminals for a ransom. No documents pertaining to the verification of these theories by the authorities were submitted by the Government.
56. According to the Government, the investigation into the abduction of the applicant's son was suspended and resumed on several occasions; it has so far failed to establish his whereabouts or the identity of the perpetrators of his kidnapping. The applicants had been duly informed of all decisions taken during the investigation.
57. Despite specific requests by the Court the Government did not disclose the entire contents of criminal case No. 63045, providing only copies of a number of documents, running to 229 pages. The Government stated that the investigation was in progress and that disclosure of other documents would be in violation of Article 161 of the Code of Criminal Procedure, since the file contained information and personal data concerning witnesses or other participants in criminal proceedings.

II. Relevant domestic law

58. 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

59. 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 Zurab Iriskhanov had not yet been completed. They further argued that it had been open to the applicants to challenge in court any acts or omissions on the part of the investigating authorities, but that the applicants had not availed themselves of that remedy. They also argued that it had been open to the applicants to pursue civil complaints but that they had failed to do so.
60. The applicants contested that objection. They stated that the only effective remedy in their case, the criminal investigation into the disappearance, had proved to be ineffective. Referring to the other cases concerning forced disappearances in Chechnya which had been reviewed by the Court, they also alleged that the ineffectiveness of the criminal investigation rendered any other potential remedy, including civil claims, illusory and inadequate in their case.

B. The Court's assessment

61. 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).
62. 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.
63. As regards a civil action to obtain redress for damage sustained through the alleged illegal acts or unlawful conduct of State agents, the Court has already found in a number of similar cases that this procedure alone cannot be regarded as an effective remedy in the context of claims brought under Article 2 of the Convention (see Khashiyev and Akayeva v. Russia, Nos. 57942/00 and 57945/00, §§ 119 - 121, 24 February 2005, and Estamirov and Others, cited above, § 77). In the light of the above, the Court confirms that the applicants were not obliged to pursue civil remedies. The Government's objection in this regard is thus dismissed.
64. As regards criminal law remedies, the Court observes that the applicants complained to the law enforceme



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