Постановление Европейского суда по правам человека от 29.10.2009 «Дело Сатабаева (Satabayeva) против России» [англ.]

Satabayev's right to life

1. Arguments of the parties

98. The applicant argued that it was beyond reasonable doubt that Yusup Satabayev had been killed by representatives of the federal forces. He had disappeared in the hands of the federal forces and the authorities had failed to provide any explanation as to his subsequent fate.
99. The Government submitted that the circumstances of Yusup Satabayev's disappearance were under investigation. The information about his death had not been confirmed. Nor had it been established that any State agents had violated his right to life.

2. The Court's assessment

(a) General principles
100. The Court reiterates that, in the light of the importance of the protection afforded by Article 2, it must subject deprivations of life to the most careful scrutiny, taking into consideration not only the actions of State agents but also all the surrounding circumstances. Detained persons are in a vulnerable position and the obligation on the authorities to account for the treatment of a detained individual is particularly stringent where that individual dies or disappears thereafter (see, among other authorities, Orhan v. Turkey, No. 25656/94, § 326, 18 June 2002, and the authorities cited therein). Where the events in issue lie wholly, or in large part, within the exclusive knowledge of the authorities, as in the case of persons within their control in detention, strong presumptions of fact will arise in respect of injuries and death occurring during that detention. Indeed, the burden of proof may be regarded as resting on the authorities to provide a satisfactory and convincing explanation (see Salman v. Turkey [GC], No. 21986/93, § 100, ECHR 2000-VII, and {Cakici} v. Turkey [GC], No. 23657/94, § 85, ECHR 1999-IV).
(b) Establishment of the facts
101. The Court observes that it has developed a number of general principles relating to the establishment of facts in dispute, in particular when faced with allegations of disappearance under Article 2 of the Convention (for a summary of these, see Bazorkina v. Russia, No. 69481/01, §§ 103 - 109, 27 July 2006). The Court also notes that the conduct of the parties when evidence is being obtained has to be taken into account (see Ireland v. the United Kingdom, 18 January 1978, § 161, Series A No. 25).
102. The applicant maintained that after the criminal proceedings against Yusup Satabayev were discontinued he had not been released, as he should have been. Instead, he had been transferred to the detention facility of the Urus-Martan VOVD. There he had been detained with three other men, including Kazbek Vakhayev. The applicant and relatives of the other detainees had waited every day outside the Urus-Martan VOVD for their release. On 14 August 2000 the head of the Urus-Martan VOVD told them that the detainees had been released on 11 August 2000; however, according to the applicant, they had never been released. The applicant alleged that Yusup Satabayev had been killed by State agents and that his body had been subsequently discovered near the village of Goy-Chu.
103. Prior to the Court's decision of 11 September 2008 as to the admissibility of the application the Government submitted that Yusup Satabayev had been detained on 1 August 2000 under the Decree on Measures for the Prevention of Vagrancy and Mendicancy, together with Kazbek Vakhayev, Mr G. and Mr Ch. The detainees had been placed in the detention facility of the Urus-Martan VOVD and subsequently released. After the Court's decision as to the admissibility of the application the Government stated that after the discontinuation of the criminal proceedings against Yusup Satabayev on 27 July 2000, detention as the measure of restraint applied to him had been lifted. He had been released as soon as the relevant decision had reached rema



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