Постановление Европейского суда по правам человека от 02.04.2009 «Дело Сайдалиева и другие (Saydaliyeva and others) против России» [англ.]

nder Article 2 of the Convention must therefore be declared admissible.

2. Merits

(a) The alleged violation of the right to life of Vakha Saydaliyev
107. 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, 27 September 1995, §§ 146 - 47, Series A No. 324, and {Avsar}, cited above, § 391).
108. The Court has already found it established that the applicants' relative must be presumed dead following unacknowledged detention by State servicemen and that the death can be attributed to the State. In the absence of any justification in respect of the use of lethal force by State agents, the Court finds that there has been a violation of Article 2 in respect of Vakha Saydaliyev.
(b) The alleged inadequacy of the investigation of the kidnapping
109. The Court reiterates that the obligation to protect the right to life under Article 2 of the Convention, read in conjunction with the State's general duty under Article 1 of the Convention to "secure to everyone within [its] jurisdiction the rights and freedoms defined in [the] Convention", also requires by implication that there should be some form of effective official investigation when individuals have been killed as a result of the use of force (see, mutatis mutandis, McCann and Others, cited above, § 161, and Kaya v. Turkey, 19 February 1998, § 86, Reports 1998-I). The essential purpose of such investigation is to secure the effective implementation of the domestic laws which protect the right to life and, in those cases involving State agents or bodies, to ensure their accountability for deaths occurring under their responsibility. This investigation should be independent, accessible to the victim's family, carried out with reasonable promptness and expedition, effective in the sense that it is capable of leading to a determination of whether the force used in such cases was or was not justified in the circumstances or otherwise unlawful, and afford a sufficient element of public scrutiny of the investigation or its results (see Hugh Jordan v. the United Kingdom, No. 24746/94, §§ 105 - 09, ECHR 2001-III (extracts), and Douglas-Williams v. the United Kingdom (dec.), No. 56413/00, 8 January 2002).
110. In the present case, the kidnapping of Vakha Saydaliyev was investigated. The Court must assess whether that investigation met the requirements of Article 2 of the Convention.
111. The Court notes at the outset that the vast majority of the documents from the investigation were not disclosed by the Government. It therefore has to assess the effectiveness of the investigation on the basis of the few documents submitted by the parties and the information about its progress presented by the Government.
112. The Court notes that the State authorities were immediately made aware of the crime by the applicants' submissions. However, the investigation in case No. 59186 was instituted on 6 August 2002, that is three months and twenty days after Vakha Saydaliyev's abduction. The Court is not persuaded that the Government's reference to illegal armed groups' activities in the Shali District could suffice as an explanation of such a lengthy delay, which, in its view, was in itself liable to affect the investigation of the kidnapping in life-threatening circumstances, where crucial action has to be taken in the first days after the event.



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