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

crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection."

A. The parties' submissions

1. The Government

69. The Government denied the involvement of State servicemen in Umar Zabiyev's killing. They emphasised that the information on the armed clash in the vicinity of Galashki had not been confirmed. In any event, the information as to the number of insurgents did not correspond to the number of sleeping berths found in the forest or to the number of armed men seen by the villagers. The items bearing the Ministry of the Defence logo could have been stolen from the federal troops by insurgents. Groups of Ukrainian and ethnic Russian mercenaries who had no religious reasons to abstain from eating pork had fought the federal troops in the Chechen Republic. Even if the items in question had been left by Russian servicemen, this could have been done before 10 June 2003.
70. The Government claimed that the letter by the Ministry of the Interior of Ingushetia of 17 April 2004 had not proved the participation of military intelligence unit No. 194 KTG in the events but had merely referred to a hypothesis examined in the course of the investigation. The Government emphasised that S.P.'s fingerprints had not been found on the items discovered near the scene of the incident. The allegation that a military convoy had been passing by Galashki on 10 June 2003 had not been confirmed.
71. In the Government's submission, the investigation into Umar Zabiyev's murder had been effective. It had been carried out by a competent prosecutor's office. The applicants had been allowed to study certain documents from the investigation file but pursuant to Russian procedural laws could not have access to the entire file prior to the completion of the investigation.
72. The first applicant did not raise the issue of an alleged violation of her right to life in the initial application form.

2. The applicants

73. The applicants maintained that it was beyond reasonable doubt that the men who had shot at the Zabiyevs' lorry and killed Umar Zabiyev had been State agents. Referring to the letter of 17 April 2004 from the Ministry of the Interior of Ingushetia, they claimed that the domestic investigation had proved military involvement in the crime. Witnesses had seen military vehicles and servicemen in the vicinity of the crime scene. Items with military logos had been found near Umar Zabiyev's dead body; moreover, among those items there had been empty tins of pork liver {pate} whereas Chechen insurgents, being Muslims, could not eat pork.
74. The applicants also complained that the investigation into Umar Zabiyev's murder had been ineffective. There had been lengthy periods of inactivity on the part of the investigators and the investigation had not established whether there had been an armed clash between the federal troops and insurgents in the vicinity of Galashki on 10 June 2003 or not.
75. In the applicants' observations of 7 April 2008 on the admissibility and merits of the case the first applicant complained for the first time, relying on Article 2 of the Convention, that she had been the victim of an unlawful attempt on her life by State servicemen, which she had survived merely by chance, and that the domestic authorities had failed to investigate the matter. The applicants further maintained their complaints regarding the al



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