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

01 (see paragraph 37 above). The Court does not deem it necessary to establish the exact date of the commencement of the investigation, since it is evident that the district prosecutor's office failed to respond to the applicant promptly once she had reported the crime to them. The investigators had been aware of Salman Abdulazizov's kidnapping for at the very least one month before they started taking measures to solve it. This important delay, for which no explanation was provided, was in itself liable to affect the investigation of a crime such as abduction in life-threatening circumstances, where crucial action must be taken expeditiously.
96. The Court observes that, owing to the inadequacy of the information at its disposal, it cannot establish when most of the witness interviews referred to by the Government took place. However, it notes with astonishment that Mr V., a key witness who had been abducted on the same night as Salman Abdulazizov and who resided in the same village as the applicant, was questioned for the first time on 5 March 2008, that is seven years and twenty-three days after the incident (see paragraph 44 above). Therefore, the investigators failed, despite the applicant's explicit requests (see paragraphs 25 and 27 above), to take such a basic investigative measure as questioning an important witness in a timely fashion.
97. The Court observes that in the present case the investigating authorities not only did not comply with 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), but failed to take the most elementary investigative steps. Most notably, there is no indication that the crime scene was ever inspected. Moreover, nothing in the materials at the Court's disposal allows the conclusion that the investigators ever tried to question servicemen of the Urus-Martan District military commander's office or the Goyty military commander's office. They made no attempts to find the vehicles described by the applicant and the witnesses, including the red Niva, or to identify their owners. Lastly, the Government did not show that the investigators had ever questioned Mr V.M.
98. The Court also notes that even though the applicant was eventually granted victim status, she was not informed of any significant developments in the investigation apart from a few decisions on its suspension and resumption. Accordingly, the Court finds that 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 (see {Oyur} v. Turkey [GC], No. 21594/93, § 92, ECHR 1999-III).
99. Finally, the Court notes that the investigation has been pending for nearly eight years and was suspended and resumed several times, so that there were lengthy periods of inactivity on the part of the investigators. Such handling of the investigation could not but have had a negative impact on the prospects of identifying the perpetrators and establishing the fate of Salman Abdulazizov.
100. Having regard to the limb of the Government's objection that was joined to the merits of the application, inasmuch as it concerns the fact that the domestic investigation is still pending, the Court notes that the investigation, having been repeatedly suspended and resumed and plagued by inexplicable delays, has been ongoing for almost eight years and has produced no tangible results. Accordingly, the Court finds that the remedy relied on by the Government was ineffective in the circumstances and rejects their objection in this part.
101. The Government also mentioned that the applicant had the opportunity to apply for judicial review of the decisions of the investigating authorities in the context of exhaustion of domestic remedie



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