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Постановление Европейского суда по правам человека от 23.04.2009 «Дело Битиева и другие (Bitiyeva and others) против России» [англ.]





hey might happen to be secured in the domestic legal order. The effect of Article 13 is thus to require the provision of a domestic remedy to deal with the substance of an "arguable complaint" under the Convention and to grant appropriate relief, although Contracting States are afforded some discretion as to the manner in which they comply with their Convention obligations under this provision. The scope of the obligation under Article 13 varies depending on the nature of the applicant's complaint under the Convention. Nevertheless, the remedy required by Article 13 must be "effective" in practice as well as in law, in particular in the sense that its exercise must not be unjustifiably hindered by acts or omissions by the authorities of the respondent State (see Aksoy v. Turkey, 18 December 1996, § 95, Reports 1996-VI).
125. 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, 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; Assenov and Others v. Bulgaria, 28 October 1998, § 117, Reports 1998-VIII; 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 Orhan, cited above, § 384).
126. The Court has found above that the applicants had an "arguable claim" in respect of their complaint under Article 2 for the purposes of Article 13 of the Convention. The applicants should accordingly have been able to avail themselves of effective and practical remedies capable of leading to the identification and punishment of those responsible and to an award of compensation.
127. The Court has held in a number of similar cases that in circumstances where, as in the present case, the criminal investigation into the death was ineffective and the effectiveness of any other remedy that may have existed, including the civil remedies, was consequently undermined, the State has failed in its obligation under Article 13 of the Convention (see, among other authorities, Musayeva and Others v. Russia, No. 74239/01, § 118, 26 July 2007, or Kukayev, cited above, § 117). It therefore rejects the Government's argument that the applicants had effective remedies afforded them by criminal or civil law and finds that there has been a violation of Article 13 of the Convention in connection with Article 2 of the Convention.
128. As regards the applicants' reference to Article 13 in conjunction with Article 3 of the Convention, in so far as the alleged ill-treatment of their relatives was concerned, the Court notes that it has found above that in the light of its findings under Article 2 of the Convention, the relevant complaint under Article 3 of the Convention raises no separate issue. Having regard to these findings, the Court is of the opinion that the applicants' complaint under Article 13 in conjunction with Article 3, in so far as the alleged ill-treatment of their relatives was concerned, is subsumed by those under Article 13 in conjunction with Article 2 of the Convention. It therefore does not consider it necessary to examine the complaint under Article 13 in connection with Article 3 of the Convention.
129. As regards the applicants' reference to Article 5 of the Convention, the Court refers to its findings of a violation of this provision set out above. It considers that no separate issue arises in respect of Article 13 read in conjunction with Article 5 of the Convention, which itself contai



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