Главная страницаZaki.ru законы и право Поиск законов поиск по сайту Каталог документов каталог документов Добавить в избранное добавить сайт Zaki.ru в избранное




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





s. The Court observes that the applicant indeed tried to make use of the remedy suggested by the Government. However, the authorities still failed to investigate her allegations properly. Moreover, owing to the time that had elapsed since the events complained of, certain investigative steps that ought to have been carried out much earlier could no longer usefully be conducted. Therefore, it is highly doubtful that the remedy invoked would have had any prospects of success. Therefore, the Court finds that the remedy relied on by the Government was ineffective in the circumstances and rejects their objection in this part as well.
102. In the light of the foregoing, the Court finds that the authorities failed to carry out an effective criminal investigation into the circumstances surrounding the disappearance of Salman Abdulazizov, in breach of Article 2 of the Convention in its procedural aspect.

III. Alleged violation of Article 3 of the Convention

103. The applicant complained that as a result of her husband's disappearance and the State's failure to investigate it properly she had endured severe mental and emotional suffering. In her initial application form she also argued that Salman Abdulazizov had probably been ill-treated after his arrest. She relied on Article 3 of the Convention, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."

A. The parties' submissions

104. The Government disagreed with these allegations and argued that the investigation had not established that the applicant and Salman Abdulazizov had been subjected to inhuman or degrading treatment prohibited by Article 3 of the Convention.
105. In the observations on admissibility and merits of 21 April 2008 the applicant stated that she no longer wished the complaint concerning the alleged ill-treatment of Salman Abdulazizov to be examined. She maintained her complaint concerning the mental suffering she had endured.

B. The Court's assessment

1. The complaint concerning Salman Abdulazizov

106. Since the applicant has lost the interest in this complaint under Article 3 of the Convention, the Court, having regard to Article 37 of the Convention, finds that she does not intend to pursue this part of the application, within the meaning of Article 37 § 1 (a). The Court also finds no reasons of a general character affecting respect for human rights as defined in the Convention which require further examination of the present complaints by virtue of Article 37 § 1 of the Convention in fine (see, for example, Singh and Others v. the United Kingdom (dec.), No. 30024/96, 26 September 2000, and Stamatios Karagiannis v. Greece, No. 27806/02, § 28, 10 February 2005).
107. It follows that the complaint concerning the alleged ill-treatment of Salman Abdulazizov must be struck out in accordance with Article 37 § 1 (a) of the Convention.

2. The complaint concerning the applicant

(a) Admissibility
108. The Court notes that the part of the complaint under Article 3 of the Convention concerning the applicant's mental suffering is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.
(b) Merits
109. The Court observes that the question whether a member of the family of a "disappeared person" is a victim of treatment contrary to Article 3 will depend on the existence of special factors which give the suffering of the applicants a dimension and character distinct from the emotional distress which may be regarded as inevitably caused to relatives of a victim of a serious human rights violation. Relevant el



> 1 2 3 ... 12 13 14 ... 16 17 18

Поделиться:

Опубликовать в своем блоге livejournal.com
0.146 с