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

circumstances, where crucial action has to be taken in the first days after the event. It appears that after that a number of essential steps were delayed and were eventually taken only several years after the abduction. Furthermore, the Court notes that, as can be seen from the decision of the local court of 5 August 2005, for almost three and half years of the investigation the investigators had not identified or questioned any servicemen, they had not established the owners of the APCs and URAL vehicles that had moved around Urus-Martan on the night of 12 April 2002, and that they had failed to establish and question witnesses of the abduction (see paragraph 48 above). In addition, only in November 2006 the investigators collected the pieces of clothing and the footwear found on the site of the discovery of human remains in April 2002 (see paragraph 96 above) and it is unclear whether any measures were taken to establish to whom they belonged. It is obvious that these investigative measures, if they were to produce any meaningful results, should have been taken immediately after the crime was reported to the authorities, and as soon as the investigation commenced. Such delays, for which there has been no explanation in the instant case, not only demonstrate the authorities' failure to act of their own motion but also constitute a breach of 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).
140. A number of essential steps were never taken. Most notably, it does not appear that the investigation took steps to verify the applicant's allegations that the human remains found in April 2002 on the outskirts of Goyty had belonged to her son; that they had tried to identify and question the servicemen who had been manning the checkpoint to which the applicant and witnesses referred; that they had attempted to identify and question any of the local servicemen to establish their involvement in special operations in Urus-Martan at the material time and their possible involvement in the detention of Ibragim Uruskhanov.
141. The Court also notes that even though the applicant was twice granted victim status in the criminal case, she was only informed of the suspension and resumption of the proceedings, and not of any other significant developments. Accordingly, 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.
142. Finally, the Court notes that the investigation in the criminal case was suspended and resumed a number of times and that there were lengthy periods of inactivity on the part of the district prosecutor's office when no proceedings were pending. The town court criticised deficiencies in the proceedings and ordered remedial measures. It appears that these instructions were not complied with.
143. Having regard to the limb of the Government's objection that was joined to the merits of the complaint, inasmuch as it concerns the fact that the domestic investigation is still pending, the Court notes that the investigation, having being repeatedly suspended and resumed and plagued by inexplicable delays, has been pending for many years having produced no tangible results. Accordingly, the Court finds that the remedy relied on by the Government was ineffective in the circumstances and dismisses their objection concerning non-exhaustion of criminal domestic remedies.
144. In the light of the foregoing, the Court holds that the authorities failed to carry out an effective criminal investigation into the circumstances surrounding the disappearance of Ibragim Uruskhanov, in breach of Article 2 in its procedural aspect.

IV. Alleged violation of Article 3 of the Convention

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