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





ures had been taken.

2. The applicant

66. The applicant claimed that it was beyond reasonable doubt that the men who had taken away Salman Abdulazizov were State agents. In support of her assertion she referred to the following. At the material time the village of Goyty had been under the control of federal troops. The armed men who had abducted Salman Abdulazizov had Slavic features and spoke Russian without an accent, which proved that they were not of Chechen origin. They travelled in military vehicles, such as APCs, UAZ and Ural vehicles, past curfew hours and had passed by at least two federal checkpoints on their way to Urus-Martan. They arrested five other villagers together with Salman Abdulazizov.
67. The applicant had seen the red Niva car used by the perpetrators in the courtyard of the Goyty military commander's office. The applicant and other witnesses had heard Salman Abdulazizov's voice coming from the Urus-Martan District military commander's office. She had informed the authorities that her husband had been kept there as early as 12 February 2001.
68. The other detainees had been released from the premises of the military commander's office of the Urus-Martan District. Mr I. and Mr V.M. had confirmed that they had seen Salman Abdulazizov inside that building. Mr V.M. had also noticed insignia designating an officer with colonel's rank on the uniform of the person who he had seen before his release.
69. The ROVD officers had issued a certificate confirming that the case materials had been sent to a military prosecutor's office, which proved servicemen's involvement in the crime.
70. The applicant had received the first visit from an investigator six months after the kidnapping; she had not been properly questioned but only asked to point out villagers who were eyewitnesses to the crime.
71. The investigation into the kidnapping had been protracted and ineffective. During the first seven years of the proceedings the investigators had failed to question Mr V. and Mr V.M., those witnesses who had heard Salman Abdulazizov's voice coming from the Urus-Martan District military commander's office, or the servicemen of that office. The servicemen of the Goyty military commander's office, those who had been manning the two checkpoints or the ROVD servicemen had not been interviewed either. The applicant also suggested that the investigation should have been transferred to a military prosecutor's office.

B. The Court's assessment

1. Admissibility

72. 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. The Court has already found that the Government's objection concerning the alleged non-exhaustion of criminal domestic remedies should be joined to the merits of the complaint (see paragraph 59 above). The complaint under Article 2 of the Convention must therefore be declared admissible.

2. Merits

(a) The alleged violation of the right to life of Salman Abdulazizov
i. Establishment of the facts
73. The Court reiterates that, in the light of the importance of the protection afforded by Article 2, it must subject deprivations of life to the most careful scrutiny, taking into consideration not only the actions of State agents but also all the surrounding circumstances. Detained persons are in a vulnerable position and the obligation on the authorities to account for the treatment of a detained individual is particularly stringent where that individual dies or disappears thereafter (see Orhan v. Turkey, No. 25656/94, § 326, 18 June 2002). Where the events in issue lie wholly or in large part w



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