Постановление Европейского суда по правам человека от 17.09.2009 «Дело Магомадова и другие (Magomadova and others) против России» [англ.]

039; submissions. The investigation in case No. 50010 was instituted on 9 February 2003, that is immediately after Ruslan Magomadov's abduction. The Court observes that several witnesses were questioned by the investigation shortly after the opening of the criminal proceedings. However, in spite of the information provided by these witness statements, including information concerning the involvement of APCs in the abduction, the investigators had failed to verify it by taking immediate investigative measures such as questioning representatives of local law-enforcement agencies and military structures about their possible involvement in the abduction or establishing the identity of the owners of the APCs and questioning them about their possible involvement in the events. Such a postponement per se was liable to affect the investigation of the kidnapping in life-threatening circumstances, where crucial action has to be taken in the first days after the event. It is obvious that these investigative measures, if they were to produce any meaningful results, should have been taken immediately after the authorities received such information. Such delays, for which there has been no explanation in the instant case, not only demonstrate the authorities' failure to act of their own motion 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).
105. A number of other essential steps were never taken. Most notably, it does not appear that the investigation tried to identify and question the servicemen who had been manning the checkpoint in the vicinity of the applicants' house or that they tried to examine the registration log of the passage of vehicles through the roadblock on 9 February 2003 and the permissions given by the authorities to drive around the area on the night in question.
106. The Court also notes that even though the first and second applicants were granted victim status in the investigation concerning the abduction of their relative, they were 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.
107. Finally, the Court notes that the investigation was adjourned and resumed on numerous occasions and that there were lengthy periods of inactivity on the part of the prosecutor's office when no proceedings were pending.
108. Having regard to the limb of the Government's preliminary objection that was joined to the merits of the complaint, inasmuch as it concerns the fact that the domestic investigation is still pending, the Court notes that the investigation, having being repeatedly suspended and resumed and plagued by inexplicable delays, has been pending for many years without producing any tangible results. Accordingly, the Court finds that the remedy relied on by the Government was ineffective in the circumstances and dismisses their preliminary objection.
109. 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 Ruslan Magomadov, in breach of Article 2 in its procedural aspect.

IV. Alleged violation of Article 3 of the Convention

110. The applicants relied on Article 3 of the Convention, submitting that as a result of their relative's disappearance 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 trea



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