Постановление Европейского суда по правам человека от 11.06.2009 «Дело Халитова и другие (Khalitova and others) против России» [англ.]

001-III (extracts), and Douglas-Williams v. the United Kingdom (dec.), No. 56413/00, 8 January 2002).
115. In the present case, the murder of Aslan Dokayev and Rustam Achkhanov and the kidnapping of Amir Magomedov and Ali Uspayev were investigated. The Court must assess whether that investigation met the requirements of Article 2 of the Convention.
116. The Court notes at the outset that all but one of the documents from the investigation remain undisclosed by the Government. It therefore has to assess the effectiveness of the investigation on the basis of the few documents submitted by the applicants and the sparse information on its progress presented by the Government.
117. The Court first notes that the authorities were immediately made aware of the murder of Aslan Dokayev and Rustam Achkhanov and the kidnapping of Amir Magomedov and Ali Uspayev through the applicants' submissions (see paragraphs 17 and 18 above). The investigation into the murder was instituted in a timely fashion on 18 July 2001. However, the Government produced no explanation for the fact that the investigation into the kidnapping of Amir Magomedov and Ali Uspayev was instituted on 3 November 2004, that is, three years, three months and eighteen days after their abduction. Such an appallingly lengthy delay was in itself liable to affect the investigation of the kidnapping in life-threatening circumstances, where crucial action has to be taken in the first days after the event.
118. The Court further points out that the information on the course of the investigation into the murder of Aslan Dokayev and Rustam Achkhanov and the kidnapping of Amir Magomedov and Ali Uspayev at its disposal is highly inadequate. It observes that the applicants, who themselves were not updated on progress in the case could not provide it with a list of investigative measures taken by the domestic authorities.
119. The Government, in their turn, vaguely referred to certain investigative steps taken to solve the murder of Aslan Dokayev and Rustam Achkhanov, such as inspecting the scene of the incident, examining the APCs and the questioning of witnesses (see paragraphs 58 - 60 above). However, they did not mention when such steps had taken place and did not provide any further details enabling the Court to assess their effectiveness.
120. Furthermore, the Government did not inform the Court if any investigative steps had been taken to solve the kidnapping of Amir Magomedov and Ali Uspayev at all. For instance, it is not clear whether such basic measures as conducting witness interviews and inspecting the crime scene have ever been taken.
121. Accordingly, the Court considers that the domestic investigative authorities demonstrably failed to act of their own motion and breached their obligation to exercise exemplary diligence and promptness in dealing with such serious crimes as murder and kidnapping (see Paul and Audrey Edwards v. the United Kingdom, No. 46477/99, § 86, ECHR 2002-II).
122. The Court also notes that the applicants were not promptly informed of significant developments in the investigation and considers therefore that 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 (see {Oyur} v. Turkey [GC], No. 21594/93, § 92, ECHR 1999-III).
123. Lastly, the Court notes that the investigation into the murder of Aslan Dokayev and Rustam Achkhanov and the kidnapping of Amir Magomedov and Ali Uspayev was on numerous occasions transferred from a civilian prosecutor's office to a military prosecutor's office. Moreover, it was repeatedly suspended and then resumed, which led to lengthy periods of inactivity on the part of the investigators when no proceedings were pending. Such handling of the investigation could not but have had a negative impact on the p



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