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Постановление Европейского суда по правам человека от 22.01.2009 «Дело Долсаев и другие (Dolsayev and others) против России» [англ.]





on commenced. Such delays, for which there has been no explanation in the instant case, not only demonstrate the authorities' failure to act of their own motion but also constitute a breach of the obligation to exercise exemplary diligence and promptness in dealing with such a serious crime (see Paul and Audrey Edwards v. the United Kingdom, No. 46477/99, § 86, ECHR 2002-II).
109. The Court also notes that even though the first and second applicants were eventually granted victim status in case No. 61144, they were primarily informed of the suspensions and resumptions of the proceedings, and not of any other significant developments. In spite of their numerous requests, the applicants were allowed to access the investigation file only in May 2007 (see paragraph 63 above). Accordingly, the investigators failed to ensure that the investigation received the required level of public scrutiny, or to safeguard the interests of the next of kin in the proceedings.
110. Finally, the Court notes that the investigation in case No. 61144 was suspended and resumed at least seven times and that there were lengthy periods of inactivity on the part of the district prosecutor's office when no proceedings were pending.
111. In the light of the foregoing, the Court holds that the authorities failed to carry out an effective criminal investigation into the circumstances surrounding the disappearance of Beslan, Rizvan, Rizavdi and Shuddi Dolsayev, in breach of Article 2 in its procedural aspect.

IV. Alleged violation of Article 3 of the Convention

112. The applicants relied on Article 3 of the Convention, alleging that following their abduction Beslan, Rizvan, Rizavdi and Shuddi Dolsayev had been subjected to inhuman or degrading treatment. The applicants further complained that as a result of their relatives' disappearance and the State's failure to investigate it properly, they had endured mental suffering in breach of Article 3 of the Convention. Article 3 reads:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."

A. The parties' submissions

113. The Government disagreed with these allegations and argued that the investigation had not established that the applicants and Beslan, Rizvan, Rizavdi and Shuddi Dolsayev had been subjected to inhuman or degrading treatment prohibited by Article 3 of the Convention.
114. In their observations on the admissibility and merits of the application the applicants submitted that they no longer wished to have the complaint regarding alleged ill-treatment of Beslan, Rizvan, Rizavdi and Shuddi Dolsayev examined. They further reiterated the complaint concerning the mental suffering they themselves had endured.

B. The Court's assessment

1. The complaint concerning the ill-treatment
of Beslan, Rizvan, Rizavdi and Shuddi Dolsayev

115. The Court, having regard to Article 37 of the Convention, finds that the applicants do not intend to pursue this part of the application, within the meaning of Article 37 § 1 (a). The Court also finds no reasons of a general character, affecting respect for human rights, as defined in the Convention, which require further examination of the present complaints by virtue of Article 37 § 1 of the Convention in fine (see, for example, Chojak v. Poland, No. 32220/96, Commission decision of 23 April 1998; Singh and Others v. the United Kingdom (dec.), No. 30024/96, 26 September 2000; and Stamatios Karagiannis v. Greece, No. 27806/02, § 28, 10 February 2005).
116. It follows that this part of the application must be struck out in accordance with Article 37 § 1 (a) of the Convention.

2. The complaint concerning the applicants' mental suffering

(a) Admissibility




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