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Постановление Европейского суда по правам человека от 09.07.2009 «Дело Юсупова и другие (Yusupova and others) против России» [англ.]





veness, as all measures available under national law were being taken to identify those responsible. They noted that the criminal investigation by the district prosecutor's office had commenced immediately after the applicants' first written submission to the authorities, which was only in November 2003. This delay, attributable to the applicants, had considerably complicated the finding of evidence and the questioning of witnesses. The Government pointed out that the applicants had not informed the investigators about some of the important details which had become apparent from their statements to the Court and from the testimony of Ibragim B. They referred, in particular, to the information about the man who had allegedly been detained together with Khasan Yusupov and about the number plates and the fate of Ilyas B.'s car. They further questioned the applicants' determination to pursue the investigation in view of their failure to challenge any of its acts or omissions. They Government also noted that the decisions to suspend and resume the proceedings did not demonstrate their ineffectiveness, but showed that the authorities in charge had continued to take steps to solve the crime.
61. The applicants argued that the investigation had not met the requirements laid down by the Court's case-law. The investigation into the alleged murder had been opened more than one year after the events and then had been suspended and resumed a number of times, thus delaying the taking of the most basic steps. The fact that the investigation had been pending for such a long period of time without producing any known results was further proof of its ineffectiveness. They also noted that the relatives had not been properly informed of the most important investigative measures. They also invited the Court to draw conclusions from the Government's unjustified failure to submit the entire set of documents from the case file to them or to the Court.

B. The Court's assessment

1. Admissibility

62. The Court considers, in the light of the parties' submissions, that the complaint raises serious issues of fact and law under the Convention, the determination of which requires an examination of the merits. Further, the Court has already found that the Government's objection concerning the alleged non-exhaustion of domestic remedies should be joined to the merits of the complaint. The complaint under Article 2 of the Convention must therefore be declared admissible.

2. Merits

63. The Court has on many occasions stated that the obligation to protect the right to life under Article 2 of the Convention also requires by implication that there should be some form of effective official investigation when individuals have been killed as a result of the use of force. It has developed a number of guiding principles to be followed for an investigation to comply with the Convention's requirements (for a summary of these principles see Bazorkina v. Russia, No. 69481/01, §§ 117 - 19, 27 July 2006).
64. In the present case, the kidnapping of Khasan Yusupov was investigated. The Court must assess whether that investigation met the requirements of Article 2 of the Convention.
65. The Court notes at the outset that some of the investigation documents were not disclosed by the Government. It therefore has to assess the effectiveness of the investigation on the basis of the documents submitted by the parties and the information about its progress presented by the Government.
66. The Court first notes that the parties dispute whether the authorities were immediately made aware of the crime by the applicants' submissions. It notes in this respect the letter from the unit's military prosecutor and the letter from the Chechnya Government of 14 January 2003 to the first applican



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