Постановление Европейского суда по правам человека от 02.07.2009 «Дело Пухигова (Pukhigova) против России» [англ.]

the Convention, from which no derogation is permitted (see McCann and Others v. the United Kingdom, 27 September 1995, § 147, Series A No. 324).
90. The Court has already found it established that Salman Abdulazizov must be presumed dead following his unacknowledged detention by State servicemen (see paragraph 88 above). Noting that the authorities do not rely on any ground of justification in respect of the use of lethal force by their agents, it considers that responsibility for this death lies with the respondent Government.
91. Accordingly, the Court finds that there has been a violation of Article 2 of the Convention in respect of Salman Abdulazizov.
(b) The alleged inadequacy of the investigation into the abduction
92. The Court reiterates that the obligation to protect the right to life under Article 2 of the Convention, read in conjunction with the State's general duty under Article 1 of the Convention to "secure to everyone within [its] jurisdiction the rights and freedoms defined in [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 (see Kaya v. Turkey, 19 February 1998, § 86, Reports 1998-I). The essential purpose of such an investigation is to secure the effective implementation of the domestic laws which protect the right to life and, in those cases involving State agents or bodies, to ensure their accountability for deaths occurring under their responsibility. This investigation should be independent, accessible to the victim's family, carried out with reasonable promptness and expedition, effective in the sense that it is capable of leading to a determination of whether the force used in such cases was or was not justified in the circumstances or otherwise unlawful, and afford a sufficient element of public scrutiny of the investigation or its results (see Hugh Jordan v. the United Kingdom, No. 24746/94, §§ 105 - 09, ECHR 2001-III (extracts), and Douglas-Williams v. the United Kingdom (dec.), No. 56413/00, 8 January 2002).
93. The Court notes at the outset that the documents from the investigation were not disclosed by the Government. It therefore has to assess the effectiveness of the investigation on the basis of the few documents submitted by the applicant and the sparse information on its progress presented by the Government.
94. Turning to the facts of the case, the Court notes that, according to the applicant, she applied to the authorities for assistance in establishing the whereabouts of her husband immediately after his abduction, that is, on 12 February 2001. The Government contested this information and claimed that the applicant had not lodged any complaints and that it had been her fellow villagers who had contacted the authorities two months after the incident. The Court points out that indeed it is unable to establish with certainty whether the applicant lodged a formal complaint on 12 February 2001 as it does not have a copy of it at its disposal. Nevertheless, the applicant submitted a copy of her complaint of 21 February 2001 addressed to the military commander of the Urus-Martan District, the district prosecutor's office and the head of administration of the Urus-Martan District. It follows from the letter of 1 March 2001 that the district prosecutor's office received the applicant's complaint of 21 February 2001 (see paragraph 19 above).
95. The Court notes that the date of commencement of the investigation in case No. 25306 remains unclear, as the parties did not produce a copy of the relevant decision. According to the applicant, the proceedings were instituted on 3 June 2001. The Government did not contest this statement but merely observed that the investigation had been opened on the basis of the complaint by the applicant's fellow villagers lodged on 1 April 20



> 1 2 3 ... 10 11 12 ... 16 17 18

	Поделиться:	Tweet