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

5704/94, § 164, 27 February 2001, and Luluyev, cited above, § 122).
145. The Court has found it established that Amir Magomedov, Ali Uspayev, Aslan Dokayev and Rustam Achkhanov were abducted by State servicemen on 18 July 2001 and have not been seen since. Since it is impossible to establish whether Aslan Dokayev and Rustam Achkhanov were killed before their bodies were loaded into the APCs, the Court assumes that there might have been an undetermined period of time during which these two men were kept alive under the control of State servicemen.
146. The detention of the four relatives of the applicants was not acknowledged, was not logged in any custody records and there exists no official trace of their subsequent whereabouts or fate. In accordance with the Court's practice, this fact in itself must be considered a most serious failing, since it enables those responsible for an act of deprivation of liberty to conceal their involvement in a crime, to cover their tracks and to escape accountability for the fate of a detainee. Furthermore, the absence of records noting such matters as the name of the detainee, the date, time and location of detention, reasons for it and the name of the person effecting it must be seen as incompatible with the very purpose of Article 5 of the Convention (see Orhan, cited above, § 371).
147. In view of the foregoing, the Court finds that Amir Magomedov, Ali Uspayev, Aslan Dokayev and Rustam Achkhanov were held in unacknowledged detention without any of the safeguards contained in Article 5. This constitutes a particularly grave violation of the right to liberty and security enshrined in Article 5 of the Convention.

V. Alleged violation of Article 6 of the Convention

148. The applicants complained that they had been deprived of the right of access to court in relation to their complaints against the investigative authorities. They relied on Article 6 of the Convention, which, in so far as relevant, reads as follows:
"1. In the determination of his civil rights and obligations..., everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law..."
149. The Court finds that Article 6 § 1 of the Convention is, in principle, inapplicable to the proceedings in question, as they clearly have not involved the determination of the applicants' civil rights or obligations or a criminal charge against the applicants, within the Convention meaning (see Akhmadov and Others v. Russia (dec.), No. 21586/02, 3 May 2007).
150. It follows that this complaint is incompatible ratione materiae with the provisions of the Convention within the meaning of Article 35 § 3 and must be rejected in accordance with Article 35 § 4 thereof.

VI. Alleged violation of Article 13 of the Convention

151. The applicants complained that they had been deprived of effective remedies in respect of the alleged violations above, contrary to Article 13 of the Convention, which provides:
"Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."

A. The parties' submissions

152. The Government contended that the applicants had had effective remedies at their disposal as required by Article 13 of the Convention and that the authorities had not prevented them from using them. The applicants had challenged the actions of the investigators in court, but had not appealed against the first-instance decision. They could also have complained to higher prosecutors or claimed damages, but failed to do so. In sum, the Government submitted that there had been no violation of Article 13.
153.



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