ppeal and upheld the judgment of 28 December 2004.
D. The Court's request to submit the investigation file
113. Despite the Court's repeated requests, the Government has not submitted a copy of the investigation file into the abduction of Kazbek Vakhayev. They have submitted case file materials extending to ninety-three pages, containing decisions on the institution, suspension and resumption of the investigation and the decisions to grant victim status, and copies of judicial decisions concerning the first applicant's complaints. Relying on the information obtained from the Prosecutor General's Office, the Government stated that the investigation was in progress and that disclosure of the documents would be in violation of Article 161 of the Code of Criminal Procedure, since the file contained information of a military nature and personal data concerning the witnesses or other participants in criminal proceedings.
114. Despite the Court's specific request, made after the decision as to admissibility of the application of 11 September 2008, to submit copies of all documents related to Kazbek Vakhayev's arrest on 1 August 2000 and subsequent detention, including the decisions to remand him in custody and to release him and an extract from the detention facility register confirming his release, the Government submitted no documents.
II. Relevant domestic law
115. Until 1 July 2002 criminal-law matters were governed by the 1960 Code of Criminal Procedure of the RSFSR (Russian Soviet Federative Socialist Republic). On 1 July 2002 the old Code was replaced by the Code of Criminal Procedure of the Russian Federation.
116. Article 125 of the new CCP provides for judicial review of decisions by investigators and prosecutors that might infringe the constitutional rights of participants in proceedings or prevent access to a court.
117. Article 161 of the new Code of Criminal Procedure establishes the rule that data from the preliminary investigation cannot be disclosed. Part 3 of the same Article provides that information from the investigation file may be divulged with the permission of a prosecutor or investigator and only in so far as it does not infringe the rights and lawful interests of the participants in the criminal proceedings and does not prejudice the investigation. It is prohibited to divulge information about the private life of the participants in criminal proceedings without their permission.
118. Presidential Decree No. 1815 of 2 November 1993 on Measures for the Prevention of Vagrancy and Mendicancy provided for the reorganisation of the system of "reception and distribution centres", for persons detained by the bodies of the Ministry of the Interior for vagrancy and mendicancy, into centres of social rehabilitation for such persons. Section 3 of the Decree provides:
"Placement of persons engaged in vagrancy and mendicancy in centres of social rehabilitation is permitted subject to the prosecutor's authorisation, for a term not exceeding ten days."
THE LAW
I. The Government's preliminary objection
119. The Government contended that the application should be declared inadmissible for non-exhaustion of domestic remedies, since the investigation into the disappearance of Kazbek Vakhayev had not yet been completed.
120. The applicants disputed that objection. In their view, the fact that the investigation had been pending for eight years with no tangible results proved that it was an ineffective remedy in this case.
121. In the present case, the Court took no decision about the exhaustion of domestic remedies at the admissibility stage, having found that this question was too closely linked to the merits. It will now proceed to examine the arguments of the parties in the
> 1 2 3 ... 9 10 11 ... 21 22 23
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
