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

violation has been committed by persons acting in an official capacity."
93. The applicant's wife maintained the complaint, alleging that the domestic remedies usually available had proved to be ineffective in their case, given that the investigation had been pending for several years without any progress and that most of the applications lodged by the applicant or by her to public bodies had remained unanswered or had only produced standard replies.
94. The Government contended that the applicant had had effective domestic remedies, as required by Article 13 of the Convention, and the Russian authorities had not prevented him or his wife from using them. They submitted that Adam Ayubov's relatives had been granted the status of victim and had received reasoned replies to all their requests made in the context of the investigation. Also, the applicant, and after his death his other son, were recognised as civil claimants in the criminal proceedings which were instituted, inter alia, in connection with the destruction of the Ayubovs' property, and therefore they could have made a civil claim for compensation for the damage inflicted. In the Government's submission, Adam Ayubov's relatives could also have lodged a court complaint against the actions of the investigating authorities, in accordance with Article 125 of the Russian Code of Criminal Procedure, or if the applicant or Adam Ayubov's other relatives had considered that any action or omission of public officials had caused them damage, they could have sought compensation for that damage in court by virtue of relevant provisions of the Russian Civil Code. In support of this argument, the Government referred to a decision of the Supreme Court of the Republic of Karachayevo-Cherkessia dated 19 October 2004, by which a plaintiff had been awarded a certain amount in respect of non-pecuniary damage inflicted by the unlawful actions of a prosecutor's office, and a decision of the Kanavinskiy District Court of Nizhniy Novgorod dated 28 February 2006 by which a plaintiff had been awarded a certain amount in respect of pecuniary and non-pecuniary damage caused by the unlawful actions of police officers. The Government did not enclose copies of those decisions.
95. 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. The effect of Article 13 is thus to require the provision of a domestic remedy to deal with the substance of an "arguable complaint" under the Convention and to grant appropriate relief, although Contracting States are afforded some discretion as to the manner in which they comply with their Convention obligations under this provision. The scope of the obligation under Article 13 varies depending on the nature of the applicant's complaint under the Convention. Nevertheless, the remedy required by Article 13 must be "effective" in practice as well as in law, in particular in the sense that its exercise must not be unjustifiably hindered by acts or omissions by the authorities of the respondent State (see Aksoy, cited above, § 95).
96. 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, 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; Assenov and Others v. Bulgaria, judgment of 28 October 1998, Reports 1998-VIII, § 117; and {Suheyla Aydin} v. Turkey, No. 25660/94, § 208, 24 May 2005). The C



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