Постановление Европейского суда по правам человека от 12.02.2009 «Дело Аюбов (Ayubov) против России» [англ.]

igation into their son's disappearance.
83. The Court thus notes in respect of the Government's argument concerning the alleged failure of the applicant or his wife to appeal to a court against the omissions of the investigators that in a situation where the effectiveness of the investigation was undermined from a very early stage by the authorities' failure to take necessary and urgent investigative measures, where the investigation was pending for several years being repeatedly suspended and reopened but made no meaningful findings, and where the applicant or his wife were not properly informed of the progress of the investigation, it is highly doubtful that the remedy relied on by the Government would have had any prospects of success. Moreover, the Government have not demonstrated that this remedy would have been capable of providing redress in the applicant's situation - in other words, that it would have rectified the shortcomings in the investigation and would have led to the identification and punishment of those responsible for the abduction of his son. The Court thus considers that in the circumstances of the case it has not been established with sufficient certainty that the remedy advanced by the Government would have been effective within the meaning of the Convention. The Court finds that neither the applicant nor subsequently his wife were obliged to pursue that remedy, and that this limb of the Government's preliminary objection should therefore be dismissed.
84. In the light of the foregoing, and with regard to the inferences drawn from the respondent Government's submission of evidence, the Court further concludes that the authorities failed to carry out a thorough and effective investigation into the circumstances surrounding the disappearance of Adam Ayubov. It accordingly dismisses the Government's preliminary objection in so far as they referred to the fact that the investigation was still pending and holds that there has been a violation of Article 2 of the Convention on that account.

III. Alleged violation of Article 5 of the Convention

85. The applicant complained that the provisions of Article 5 of the Convention as a whole, relating to the lawfulness of detention and guarantees against arbitrary detention, had been violated in respect of his son. The respective Article in its relevant parts provides as follows:
"1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
...
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;
...
2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.
3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation."
86. The applicant's wife claimed that



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