ourt 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 Orhan, cited above, § 384).
97. In view of the Court's findings above with regard to Article 2, the applicant's complaint was clearly "arguable" for the purposes of Article 13 (see Boyle and Rice v. the United Kingdom, judgment of 27 April 1988, Series A No. 131, § 52). The applicant should accordingly have been able to avail himself 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.
98. The Court has held in a number of similar cases that in circumstances where, as in the present case, the criminal investigation into the death was ineffective and the effectiveness of any other remedy that may have existed, including the civil remedies, was consequently undermined, the State has failed in its obligation under Article 13 of the Convention (see, among other authorities, Musayeva and Others, cited above, § 118, or Kukayev, cited above, § 117). It therefore rejects the Government's argument that the applicant had effective remedies afforded him by criminal or civil law and finds that there has been a violation of Article 13 of the Convention in connection with Article 2 of the Convention.
99. As regards the applicant's reference to Article 5 of the Convention, the Court refers to its findings of a violation of this provision set out above. It considers that no separate issues arise in respect of Article 13 read in conjunction with Article 5 of the Convention, which itself contains a number of procedural guarantees related to the lawfulness of detention.
100. Lastly, in so far as the applicant relied on Article 13 of the Convention in conjunction with Article 1 of Protocol No. 1, the Court firstly refers to its decision on admissibility of 5 July 2007 in which the applicant's complaint under Article 1 of Protocol No. 1 was declared admissible. Thus, he had an arguable claim for the purpose of Article 13 of the Convention. It further observes that the authorities denied involvement in the alleged destruction of the applicant's property and that the domestic investigation does not appear to have made any meaningful findings on this matter. The Court also takes note of the applicant's argument that under national procedural law a civil claim would have been stayed pending the results of the investigation. In such circumstances, it does not appear that the remedy advanced by the Government would have had any prospects of success or would have provided the applicant with any redress. The Court therefore dismisses the Government's preliminary objection in its relevant part and finds that the applicant did not have any effective domestic remedy in respect of the alleged infringement of his property rights. Consequently, there has been a violation of Article 13 in conjunction with Article 1 of Protocol No. 1 to the Convention.
V. Alleged violation of Article 1 of Protocol No. 1
to the Convention
101. The applicant complained about the destruction of his property referring to Article 1 of Protocol No. 1 which provides as follows:
"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties."
102. The applicant's wife in
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