Постановление Европейского суда по правам человека от 22.01.2009 «Дело Самбиев и Покаева (Sambiyev and Pokayeva) против России» [англ.]

is thus dismissed.
41. As regards criminal-law remedies, the Court observes that the investigation into the abduction and killing of Mr Anzor Sambiyev has been pending since 11 April 2004. The applicants and the Government dispute the effectiveness of the investigation.
42. The Court considers that this limb of the Government's preliminary objection raises issues concerning the effectiveness of the criminal investigation which are closely linked to the merits of the applicants' complaints. Thus, it considers that these matters fall to be examined below under the substantive provisions of the Convention.

II. Alleged violation of Article 2 of the Convention

43. The applicants complained under Article 2 of the Convention that their relative had been abducted and killed by Russian servicemen and that the domestic authorities had failed to carry out an effective investigation of the matter. Article 2 reads:
"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. The parties' submissions

44. The Government submitted that the domestic investigation had obtained no evidence to the effect that any servicemen of the federal law-enforcement agencies had been involved in Mr Anzor Sambiyev's abduction or killing. They pointed out, firstly, that no special operation had been conducted in Stariye Atagi on the dates in question. Secondly, no witness statements had been obtained by the applicants themselves. Furthermore, the witnesses questioned by the investigation had merely said that the men who had abducted Mr Anzor Sambiyev had spoken Russian, had been wearing camouflage uniform and had arrived in two APCs and two Ural vehicles. However, no more precise description of those men had been provided. In particular, there was no information about any military insignia which would permit it to be established to which particular troops belonged those men if they were indeed servicemen. The Government further submitted that both camouflage uniform and weapons could easily have been available to paramilitary groups in Chechnya. They referred to a number of domestic decisions in respect of members of illegal armed groups who had committed crimes dressed in camouflage uniform and had identity documents of law-enforcement or other State authorities. The Government further noted that, as had been established by the domestic investigation, Mr Anzor Sambiyev had been a member of an illegal armed group. They alleged that he could have been killed by other members of the illegal armed group so as to prevent a possible information leak or by other persons on account of a feud for instance. The Government also claimed that the domestic investigation had met the Convention requirement of effectiveness, as evidenced by the questioning of witnesses by the investigating authorities and requests sent by them to other State agencies.
45. The applicants argued that Mr Anzor Sambiyev had been abducted and killed by State servicemen, which was confirmed by statements of other residents who stated that on the date in question they had seen servicemen arrive at the village in military vehicles. They further argued that the investigation had not met the requirements of effectiveness and adequacy required by the



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