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

n and Article 1 of Protocol No. 1, contrary to Article 13 of the Convention, which provides as follows:
"Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."
112. The applicants alleged that in their case the domestic remedies usually available had proved to be ineffective, given that the investigation had been pending for several years without any progress and that most of their applications to public bodies had remained unanswered or had only produced standard replies.
113. The Government argued that the applicants had had effective domestic remedies, as required by Article 13 of the Convention, and that the Russian authorities had not prevented them from using those remedies. In particular, the applicants had been declared victims and had received reasoned replies to all their requests made in the context of the investigation. They also argued that, in accordance with the relevant provisions of the Russian Code of Criminal Procedure, it had been open to the applicants to lodge a court complaint in respect of the actions of the investigating authorities or, if the applicants had considered that any action or omission by public officials had caused them damage, to seek compensation for that damage in court by virtue of the relevant provisions of the Russian Civil Code. In support of that argument, the Government referred to a decision of the Urus-Martan Town Court dated 6 August 2004 which had ordered the Urus-Martan prosecutor's office to resume the investigation into the disappearance of a claimant's son, a decision of the Shali Town Court dated 13 March 2006 by which a claimant had been allowed access to a criminal investigation file, a judgment of Nazran Town Court dated 26 February 2003 by which a plaintiff had been awarded a certain amount in respect of pecuniary and non-pecuniary damage inflicted by the federal armed forces, and a decision of the Supreme Court of the Republic of Karachayevo-Cherkessia dated 19 October 2004 by which a plaintiff had been awarded a certain amount in respect of non-pecuniary damage inflicted as a result of the unlawful actions of a prosecutor's office. The Government did not enclose copies of the decisions to which they referred.
114. The Court reiterates that Article 13 of the Convention guarantees the availability at the national level of a remedy to enforce the substance of the Convention rights and freedoms in whatever form they might happen to be secured in the domestic legal order. The effect of Article 13 is thus to require the provision of a domestic remedy to deal with the substance of an "arguable complaint" under the Convention and to grant appropriate relief, although Contracting States are afforded some discretion as to the manner in which they comply with their Convention obligations under this provision. The scope of the obligation under Article 13 varies depending on the nature of the applicant's complaint under the Convention. Nevertheless, the remedy required by Article 13 must be "effective" in practice as well as in law, in particular in the sense that its exercise must not be unjustifiably hindered by acts or omissions by the authorities of the respondent State (see Aksoy, cited above, § 95).
115. Given the fundamental importance of the right to protection of life, Article 13 requires, in addition to the payment of compensation where appropriate, a thorough and effective investigation capable of leading to the identification and punishment of those responsible for the deprivation of life, including effective access for the complainant to the investigation procedure leading to the identification and punishment of those responsible (see Anguelova v. Bulgaria, No. 38361/97, §§ 161 - 162, ECHR 2002-IV; Assenov and Others v



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