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Постановление Европейского суда по правам человека от 18.06.2009 «Дело Магомадова (Magomadova) против России» [англ.]





ors informed the applicant that on the same date they had suspended the investigation in the criminal case owing to the failure to establish the perpetrators.
108. According to the Government, the information received from various law-enforcement agencies stated that Ibragim Uruskhanov "had not been detained by representatives of military or law-enforcement bodies; no special operations had been conducted against him". The applicant had been duly informed of all decisions taken during the investigation.
109. According to the documents submitted by the Government, the investigation in the criminal case was suspended and resumed on several occasions. Although the investigation failed to establish the whereabouts of Ibragim Uruskhanov or the perpetrators of his abduction, the Government submitted that the description of the abductors as provided by the applicant did not demonstrate that they had been Russian servicemen. The body of the applicant's son was not found and there was no proof that any of bodies discovered on the outskirt of Goyty in the end of April 2002 had belonged to Ibragim Uruskhanov.
110. In response to the requests by the Court the Government disclosed some documents from the investigation file in criminal case No. 61074. At the same time, the Government stated that the investigation was in progress and, therefore, disclosure of other documents would be in violation of Article 161 of the Code of Criminal Procedure, since the file contained personal data concerning the witnesses or other participants in the criminal proceedings. The Government submitted copies of a number of documents from the case file running up to 123 pages. These documents mostly included letters to the applicant informing her about suspension and resumption of the investigation, information requests to various law-enforcement agencies, copies of the applicant's requests and complaints, decisions to take some investigative measures, such as collection of evidence, and copies of a few witness statements.

II. Relevant domestic law

111. For a summary of relevant domestic law see Akhmadova and Sadulayeva v. Russia (No. 40464/02, §§ 67 - 69, 10 May 2007).

THE LAW

I. The Government's objection regarding
non-exhaustion of domestic remedies

A. The parties' submissions

112. The Government contended that the application should be declared inadmissible for non-exhaustion of domestic remedies. They submitted that the investigation of the disappearance of Ibragim Uruskhanov had not yet been completed.
113. The applicant contested that objection. She stated that the criminal investigation had proved to be ineffective. Referring to the other cases concerning such crimes reviewed by the Court, she also alleged that the existence of an administrative practice of non-investigation of crimes committed by State servicemen in the Chechnya rendered any potentially effective remedies inadequate and illusory in her case.

B. The Court's assessment

114. As regards the Government's objection concerning criminal-law remedies, the Court observes that the applicant complained to the law-enforcement agencies immediately after her son's abduction and that an investigation has been pending since 18 April 2002. The applicant and the Government were in disagreement about the effectiveness of this investigation.
115. The Court considers that the Government's objection raises issues concerning the effectiveness of the investigation which are closely linked to the merits of the applicant's complaints under Article 2. Thus, it decides to join this objection to the merits and considers that these matters fall to be examined below under the relevant substantive provisions of the Convention.

II



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