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

;s complaints under Article 2 of the Convention.
58. As regards the Government's argument that the applicant did not bring a court complaint concerning the destruction of his property, or claim for compensation, the Court considers that this limb of the Government's preliminary objection raises issues which are closely linked to the question of the availability at the national level of effective remedies. It is therefore appropriate to address this point in the Court's examination of the substance of the applicant's complaint under Article 13, in conjunction with Article 1 of Protocol No. 1 to the Convention.

II. Alleged violation of Article 2 of the Convention

59. The applicant complained of a violation of the right to life in respect of his son, Adam Ayubov, and the absence of effective investigation into the matter. He relied on Article 2 of the Convention, which states as follows:
"1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection."

A. Alleged failure to protect the right to life

1. Submissions by the parties

60. The applicant's wife contended that it was beyond reasonable doubt that Adam Ayubov had been detained by representatives of the federal forces, this fact having been confirmed by eyewitness statements. She further stressed that Adam Ayubov had been apprehended in life-endangering circumstances, given that his apprehension had been effected by a group of armed men who had arrived in military vehicles and had not produced any documents to authorise their actions. In this respect she referred to a Human Rights Watch document reporting on a widespread practice of forced disappearances during the period in question. She thus argued that, in view of the above and given that her son remained missing for several years, he may be presumed dead even in the absence of any formal evidence confirming his death. The applicant's wife also invited the Court to draw inferences from the Government's failure to provide any plausible explanation as to her son's fate and from their refusal to submit the file of the criminal investigation.
61. The Government relied on the information provided by the Prosecutor General's Office and argued that the investigation had not obtained any evidence that Adam Ayubov was dead, or that representatives of the federal military or security agencies had been involved in his abduction or alleged killing. They contested the oral evidence given by witnesses during interviews by the investigating authorities as unreliable, stating that witness statements had been controversial and that the investigating authorities had checked the information given by the witnesses by sending queries to law-enforcement agencies and power structures, but that information had not been confirmed. The Government argued therefore that there were no grounds to claim that Adam Ayubov's right to life secured by Article 2 of the Convention had been breached.

2. The Court's assessment

62. The Court reiterates that, in the light of the importance of the protection afforded by Article 2, it must subject deprivation of life to the most careful scrutiny, taking into consideration not only the



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