Постановление Европейского суда по правам человека от 12.02.2009 «Дело Бантаева и другие (Bantayeva and others) против России» [англ.]

there has been a violation of Article 2 in respect of Abubakar Bantayev and Salman Bantayev.
(b) The alleged inadequacy of the investigation of the kidnapping
85. The Court has on many occasions stated that the obligation to protect the right to life under Article 2 of 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. It has developed a number of guiding principles to be followed for an investigation to comply with the Convention's requirements (for a summary of these principles see Bazorkina, cited above, §§ 117 - 119).
86. In the present case, the kidnapping of Abubakar Bantayev and Salman Bantayev was investigated. The Court must assess whether that investigation met the requirements of Article 2 of the Convention.
87. The Court notes at the outset that the documents from the investigation file 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 applicants and the information about its progress presented by the Government.
88. The Court notes that the authorities were immediately made aware of the crime by the applicants' submissions. The investigation in case No. 32000 was instituted on 6 January 2003, that is, four days after Abubakar and Salman Bantayev's abduction. While this delay, in itself, was not very long, the Court, having regard to the absence of any explanations by the Government in this respect, cannot accept that it was justified in a situation where crucial action has to be taken in the first days after the event. It appears that after that a number of essential steps were delayed and were eventually taken only after the communication of the complaint to the respondent Government, or not at all. For instance, the Court notes that, for the first two months of the investigation, the investigators had questioned only one witness to the abduction (see paragraph 39 above) and one witness who had provided generic information about the disappeared men (see paragraph 40 above). The second witness to the abduction of the Bantayev brothers was questioned more than a year after the events (see paragraph 43 above) and the other three witnesses of the abduction were questioned only in August 2007, that is, more than four and a half years after the events and only after the communication of the application to the respondent Government (see paragraph 46 above). The investigators had failed to take such essential steps as identification or questioning of the Russian federal servicemen who had manned the checkpoints in the village of Komsomolskoye on the night of abduction; questioning of the servicemen of the military commander's office which had been located in the vicinity of the houses of the Bantayev brothers; establishing the owner of the UAZ vehicles that had moved around the village on the night of 2 January 2003; establishing whether any special operations had been carried out in the village of Komsomolskoye on the night in question; identification and questioning of the servicemen who had carried out the operation in the village of Komsomolskoye and could have been involved in the detention of Abubakar and Salman Bantayev. It is obvious that these investigative measures, if they were to produce any meaningful results, should have been taken immediately after the crime was reported to the authorities, and as soon as the investigation commenced. Such delays, for which there has been no explanation in the instant case, not only demonstrate the authorities' failure to act of their own motion but also constitute a breach of the obligation to exercise exemplary diligence and promptness in dealing with such a serious crime (see Paul and Audrey Edwards v. the United Kingdom, No. 46477/99, § 86, ECHR 2002-II).
89

> 1 2 3 ... 11 12 13 ... 19 20 21

0.1344 с