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

s been pending since 1 April 2001. The applicant and the Government dispute the effectiveness of the investigation of the kidnapping.
59. The Court considers that this part of 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. Alleged violation of Article 2 of the Convention

60. The applicant complained that Salman Abdulazizov had been arrested by Russian servicemen and then disappeared and that the domestic authorities had failed to carry out an effective investigation of the matter. She relied on Article 2 of the Convention, which reads:
"1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection."

A. Arguments of the parties

1. The Government

61. The Government submitted that it had not been proved that any State servicemen had been involved in Salman Abdulazizov's kidnapping or that he was killed. Mr I., Mr E. and Mr D.M. had not stated in the course of their witness interviews before the domestic investigation that they had seen Salman Abdulazizov in the premises of the military commander's office of the Urus-Martan District. At different stages of the investigation the applicant's description of the vehicles she had allegedly seen had varied. The applicant had not reported her husband's kidnapping to the authorities immediately after the incident. The villagers had applied to law-enforcement agencies, not the applicant. Salman Abdulazizov had not been kept in any penitentiary facilities in the South of Russia; his dead body had not been discovered.
62. Salman Abdulazizov had not been prosecuted by the authorities. The Government suggested that he could have been kidnapped by Wahhabi insurgents wanting to take revenge on him because in 1997 he had been a head of the local administration and had followed a religious movement which disapproved of Wahhabi teaching.
63. The fact that the case materials had been forwarded to a military prosecutor's office did not prove military involvement in the crime. The VOVD officers had merely written down the applicant's account of events and had not established that any servicemen had been implicated in the kidnapping.
64. The Government also observed that a considerable number of armaments and APCs had been stolen from Russian arsenals by insurgents in the 1990s and that members of illegal armed groups could have possessed camouflage uniforms and masks. Neither the applicant nor the witnesses had seen any insignia on camouflage uniforms.
65. The Government further argued that the investigation into the kidnapping had been effective and was pending before an independent State agency. The applicant had been informed of progress in the investigation in due course. The applicant had been responsible for the delay in commencement of the investigation as she had not promptly reported the crime to the authorities. Repeated suspensions and resumptions of the investigation only showed that the proceedings had been pending and requisite investigative meas



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