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Постановление Европейского суда по правам человека от 22.01.2009 «Дело Заурбекова и Заурбекова (Zaurbekova and Zaurbekova) против России» [англ.]





ch prevent progress in an investigation in a particular situation. However, a prompt response by the authorities in investigating the use of lethal force may generally be regarded as essential in maintaining public confidence in the maintenance of the rule of law and in preventing any appearance of collusion in or tolerance of unlawful acts. For the same reasons, there must be a sufficient element of public scrutiny of the investigation or its results to secure accountability in practice as well as in theory. The degree of public scrutiny required may well vary from case to case. In all cases, however, the next of kin of the victim must be involved in the procedure to the extent necessary to safeguard his or her legitimate interests (see Shanaghan v. the United Kingdom, No. 37715/97, §§ 91 - 92, 4 May 2001).
80. In the instant case, the Court observes that some degree of investigation was carried out into the disappearance of the applicants' relative. It must assess whether that investigation met the requirements of Article 2 of the Convention. The Court notes in this connection that its knowledge of the criminal proceedings at issue is rather limited in view of the respondent Government's refusal to submit the investigation file (see paragraphs 56 - 57 above). Drawing inferences from the respondent Government's conduct when evidence was being obtained (see Ireland v. the United Kingdom, 18 January 1978, § 161, Series A No. 25), the Court will assess the merits of this complaint on the basis of the available information in the light of these inferences.
81. The Court notes first of all the apparent discrepancy in the Government's submissions as to the date on which the applicants notified the authorities of their relative's abduction. In particular, in their memorial submitted prior to the decision on admissibility the Government indicated that the second applicant's written complaint had been received by the Grozny prosecutor's office on 14 April 2003 and the criminal proceedings had been instituted on 17 June 2003, whereas in their post-admissibility observations the Government stated that the second applicant's written complaint had been received by the Grozny prosecutor's office on 19 June 2003, following which the criminal proceedings had been commenced. In the latter case they did not specify the date on which, according to them, the proceedings had been instituted. The Court notes in this connection that the Government's conflicting accounts cannot but undermine the credibility of their submissions on the facts.
82. Having regard to the documents in its possession, namely the second applicant's complaint to the Grozny prosecutor's office bearing a handwritten note "received" and the date "14 April 2003" (see paragraph 19 above) and several letters from the domestic authorities confirming that the investigation into Isa Zaurbekov's abduction had been opened on 17 June 2003 (see paragraphs 25 - 27 and 37 above), the Court further accepts that it was on 14 April 2003 that the second applicant notified the authorities of the incident of 11 February 2003 and on 17 June 2003 that the criminal proceedings in that connection were commenced, that is, two months after the authorities had been made aware of Isa Zaurbekov's abduction. The Government did not provide any explanation for such a prolonged examination of the second applicant's complaint, which concerned such a serious crime as abduction, and clearly required prompt action to be taken.
83. Furthermore, it does not appear that once opened, the investigation was carried out with exemplary diligence. In particular, it does not appear, and the Government did not submit any reliable information or documents in this regard, that any investigative measures were taken at all during the first weeks, or even months, after the incident of 11 February 2003 had been repo



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