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





eir 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 challenge the actions or omissions of the investigating authorities in court or could have lodged a civil claim for compensation. In sum, the Government submitted that there had been no violation of Article 13.
121. The applicants reiterated the complaint.

B. The Court's assessment

1. Admissibility

122. 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

123. 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. 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 Aydyn} 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, cited above, § 183).
124. 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 Boyle and Rice v. the United Kingdom, § 52, Series A No. 131). 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 for the purposes of Article 13.
125. It follows that in circumstances where, as here, the criminal investigation into the disappearance has been ineffective and the effectiveness of any other remedy that may have existed has consequently been undermined, the State has failed in its obligation under Article 13 of the Convention.
126. Consequently, there has been a violation of Article 13 in conjunction with Article 2 of the Convention.
127. As regards the applicants' reference to Article 3 of the Convention, the Court notes that it has found, except in respect of the fifth applicant, a violation of the above provision on account of the applicants' mental suffering as a result of the disappearance of their family members and the inability to find out what had happened to them and the way the authorities had handled their complaints. However, the Court has already found a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention on account of the authorities' conduct that led to the suffering endured by the applicants. The Court considers that in the circumstances no separate issue arises in respect of Article 13 in connection with Article 3 of the Convention.
128. As regards the applicants' reference to Article 5 of the Convention, the Court reiterates that according to its established case-law the more specific guarantees of Article 5 §§ 4 and 5, being a lex specialis in relation to Article 13, absorb its requirements and in view of its above findings of a violation of Article 5 of the Convention resulting unackno



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