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Постановление Европейского суда по правам человека от 28.05.2009 «Дело Басаева и другие (Basayeva and others) против России» [англ.]





should be declared admissible. However, it finds that no separate issue arises under Article 8 of the Convention in this respect (see, mutatis mutandis, Ruianu v. Romania, No. 34647/97, § 66, 17 June 2003; Laino v. Italy [GC], No. 33158/96, § 25, ECHR 1999-I; and Canea Catholic Church v. Greece, judgment of 16 December 1997, § 50, Reports 1997-VIII).

IX. Alleged violation of Article 13 of the Convention

178. The applicants complained that they had been deprived of effective remedies in respect of the aforementioned violations, 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

179. The Government contended that the applicants had effective remedies at their disposal as required by Article 13 of the Convention and that the authorities did not prevent them from using them. The applicants had an opportunity to lodge a civil claim for compensation and challenge the actions or omissions of the investigating authorities in court. In sum, the Government submitted that there had been no violation of Article 13.
180. The applicants reiterated their complaint.

B. The Court's assessment

1. Admissibility

181. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.

2. Merits

182. The Court reiterates that Article 13 of the Convention guarantees the availability at the national level of a remedy to enforce the substance of the Convention rights and freedoms in whatever form they might happen to be secured in the domestic legal order. According to the Court's settled case-law, the effect of Article 13 of the Convention is to require the provision of a remedy at national level allowing the competent domestic authority both to deal with the substance of a relevant Convention complaint and to grant appropriate relief, although Contracting States are afforded some discretion as to the manner in which they comply with their obligations under this provision. However, such a remedy is only required in respect of grievances which can be regarded as "arguable" in terms of the Convention (see, among many other authorities, Halford v. the United Kingdom, judgment of 25 June 1997, § 64, Reports 1997-III,).
183. As regards the complaint of lack of effective remedies in respect of the applicants' complaint under Article 2, the Court emphasises that, given the fundamental importance of the right to protection of life, Article 13 requires, in addition to the payment of compensation where appropriate, a thorough and effective investigation capable of leading to the identification and punishment of those responsible for the deprivation of life and infliction of treatment contrary to Article 3, including effective access for the complainant to the investigation procedure leading to the identification and punishment of those responsible (see Anguelova v. Bulgaria, No. 38361/97, §§ 161 - 162, ECHR 2002-IV, and {Suheyla Aydin} v. Turkey, No. 25660/94, § 208, 24 May 2005). The Court further reiterates that the requirements of Article 13 are broader than a Contracting State's obligation under Article 2 to conduct an effective investigation (see Khashiyev and Akayeva v. Russia, Nos. 57942/00 and 57945/00, § 183, 24 February 2005).
184. In view of the Court's above findings with regard to Article 2, this complaint is clearly "arguable" for the purposes of Article 13 (see



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