Постановление Европейского суда по правам человека от 09.04.2009 «Дело Докаев и другие (Dokayev and others) против России» [англ.]

or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection."

A. The parties' submissions

81. The Government contended that the domestic investigation had obtained no evidence to the effect that Ruslan Askhabov, Isa Dubayev and Isa Dokayev were dead or that any servicemen of the federal law enforcement agencies had been involved in their kidnapping or alleged killing. The Government claimed that the investigation into the kidnapping met the Convention requirement of effectiveness, as all measures envisaged in national law were being taken to identify the perpetrators.
82. The applicants argued that Ruslan Askhabov, Isa Dubayev and Isa Dokayev had been detained by State servicemen and should be presumed dead in the absence of any reliable news of them for several years. The applicants also argued that the investigation had not met the requirements of effectiveness and adequacy, as required by the Court's case-law on Article 2. The applicants pointed out that the prosecutor's office had not taken some crucial investigative steps. For instance, the investigators had failed to collect impressions of footprints and tyre marks from the crime scene or to question employees of the military commander's office and the ROVD about their possible participation in the abduction. The investigation into the kidnapping had been opened several days after the events and then it had been suspended and resumed a number of times - thus delaying the taking of the most basic steps - and that the applicants had not been properly informed of the most important investigative measures. The fact that the investigation had been pending for more than five and a half years without producing any known results had been further proof of its ineffectiveness. The applicants invited the Court to draw conclusions from the Government's unjustified failure to submit the documents from the case file to them or to the Court.

B. The Court's assessment

1. Admissibility

83. The Court considers, in the light of the parties' submissions, that the complaint raises serious issues of fact and law under the Convention, the determination of which requires an examination of the merits. Further, the Court has already found that the Government's objection concerning the alleged non-exhaustion of domestic remedies should be joined to the merits of the complaint (see paragraph 64 above). The complaint under Article 2 of the Convention must therefore be declared admissible.

2. Merits

(a) The alleged violation of the right to life of Ruslan Askhabov, Isa Dubayev and Isa Dokayev
84. The Court reiterates that Article 2, which safeguards the right to life and sets out the circumstances when deprivation of life may be justified, ranks as one of the most fundamental provisions in the Convention, from which no derogation is permitted. In the light of the importance of the protection afforded by Article 2, the Court must subject deprivation of life to the most careful scrutiny, taking into consideration not only the actions of State agents but also all the surrounding circumstances (see, among other authorities, McCann and Others v. the United Kingdom, judgment of 27 September 1995, Series A No. 324, §§ 146 - 147, and {Avsar} v. Turkey, No. 25657/94, § 391, ECHR 2001-VII (extracts)).
85. The Court has already found that the applicants' relatives must be presumed dead following their unacknowledged detention by State servicemen and that their deaths can be attributed to the State. In the absence of any justification put forward by the Government, the Court finds that there has been a violation of Article 2 in respect of Ruslan Askhabov, Isa Dubayev and Isa Dokayev.
(b) The alleged



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