hich no derogation is permitted. In the light of the importance of the protection afforded by Article 2, the Court must subject deprivation of life to the most careful scrutiny, taking into consideration not only the actions of State agents but also all the surrounding circumstances (see, among other authorities, McCann and Others v. the United Kingdom, 27 September 1995, §§ 146 - 47, Series A No. 324, and {Avsar} v. Turkey, No. 25657/94, § 391, ECHR 2001-VII (extracts)).
58. The Court has already found it established that the applicants' son was killed by State servicemen following his apprehension. Noting that the authorities do not rely on any ground of justification in respect of the use of lethal force by their agents, it follows that liability for his presumed death is attributable to the respondent Government.
59. Accordingly, the Court finds that there has been a violation of Article 2 in respect of Mr Anzor Sambiyev.
(b) The alleged inadequacy of the investigation of the kidnapping
60. The Court reiterates that the obligation to protect the right to life under Article 2 of the Convention, read in conjunction with the State's general duty under Article 1 of the Convention to "secure to everyone within [its] jurisdiction the rights and freedoms defined in [the] Convention", also requires by implication that there should be some form of effective official investigation when individuals have been killed as a result of the use of force (see, mutatis mutandis, McCann and Others, cited above, § 161, and Kaya v. Turkey, 19 February 1998, § 86, Reports 1998-I). The essential purpose of such an investigation is to secure the effective implementation of the domestic laws which protect the right to life and, in those cases involving State agents or bodies, to ensure their accountability for deaths occurring under their responsibility. This investigation should be independent, accessible to the victim's family, carried out with reasonable promptness and expedition, effective in the sense that it is capable of leading to a determination of whether the force used in such cases was or was not justified in the circumstances or otherwise unlawful, and afford a sufficient element of public scrutiny of the investigation or its results (see Hugh Jordan v. the United Kingdom, No. 24746/94, §§ 105 - 09, 4 May 2001, and Douglas-Williams v. the United Kingdom (dec.), No. 56413/00, 8 January 2002).
61. Turning to the facts of the present case, the Court notes that the authorities were immediately notified of the discovery of Mr Anzor Sambiyev's body in the morning of 11 April 2004. The investigation was instituted on the same date and the inspection of the place where the body had been found was carried out. Accordingly, the Court is satisfied that the authorities' reaction was sufficiently prompt.
62. The Court further notes that significant investigative steps were taken by the authorities between 11 April 2004 and May 2005. In particular, several forensic examinations were conducted, the applicants and other numerous witnesses were questioned and a large number of requests were sent to various state authorities which could have provided relevant information in respect of the events in question. A substantial amount of information was obtained by the investigation as a result of these measures.
63. However, the Court notes a subsequent period of inactivity of almost three years until February 2008, when certain witnesses were again questioned and certain requests were re-sent. The Court notes that a period of inactivity that long, for which no explanation has been provided, may not as such be considered compatible with the requirement of "reasonable promptness" of the investigation. Furthermore, it could only be detrimental to the prospects of establishing the circumstances of the case and ensuring the accountability of those responsible. The Court
> 1 2 3 ... 8 9 10 ... 15 16 17
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
