he 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.
75. 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 applicant was not obliged to pursue civil remedies.
76. As regards criminal law remedies, the Court observes that the applicant complained to the law enforcement authorities immediately after the kidnapping of Khizir Tepsurkayev and that an investigation has been pending since 25 January 2002. The applicant and the Government dispute whether the investigation of the kidnapping is effective.
77. The Court considers that the Government's objection raises issues concerning the effectiveness of the investigation which are closely linked to the merits of the applicant's complaints. Thus, it decides to join this objection to the merits of the case and considers that the issue falls to be examined below.
II. The Court's assessment of the evidence
and the establishment of the facts
A. The parties' arguments
78. The applicant maintained that it was beyond reasonable doubt that the men who had taken away Khizir Tepsurkayev had been State agents. In support of her complaint she referred to the following facts. Urus-Martan had been under the total control of federal troops since December 1999. There had been Russian military checkpoints on the roads leading to and from the town. The armed men who had abducted Khizir Tepsurkayev had driven around in military vehicles, including APCs and UAZ vehicles. The police officers who had witnessed the abduction had confirmed that Khizir Tepsurkayev's abductors were under the command of officer V. Vasiliy and were carrying out an identity check. The abductors had fired a number of shots without fear of being heard by law enforcement agencies located in close proximity to the place. All the information provided to the applicant from the criminal case file supported her assertion as to the involvement of State agents in the abduction. Since Khizir Tepsurkayev had been missing for a very lengthy period, he could be presumed dead. That presumption was further supported by the circumstances in which he had been arrested, which should be recognised as life-threatening.
79. The Government submitted that unidentified armed men had kidnapped Khizir Tepsurkayev. They further contended that the investigation of the incident was pending, that there was no evidence that the men had been State agents and that there were therefore no grounds for holding the State liable for the alleged violations of the applicant's rights. They further argued that there was no convincing evidence that the applicant's son was dead. The Government further alleged that the applicant's description of the circumstances surrounding the abduction was inconsistent. In particular, the applicant had failed to inform the investigators about the information allegedly received from Mr G. and Mr M. concerning Khizir Tepsurkayev's detention in the VOVD; the applicant had not personally witnessed the abduction and the witnesses to the abduction could not explain whether the UAZ vehicle which had taken Khizir Tepsurkayev away belonged to the VOVD or to the military. The Government referred to the witness statements made to the domestic investigation; but they did
> 1 2 3 ... 9 10 11 ... 16 17 18
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
