Главная страницаZaki.ru законы и право Поиск законов поиск по сайту Каталог документов каталог документов Добавить в избранное добавить сайт Zaki.ru в избранное




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





. Bulgaria, 28 October 1998, § 117, Reports 1998-VIII; and {Suheyla Aydin} v. Turkey, No. 25660/94, § 208, 24 May 2005). The Court further reiterates that the requirements of Article 13 are broader than a Contracting State's obligation under Article 2 to conduct an effective investigation (see Orhan, cited above, § 384).
116. In view of the Court's findings above with regard to Article 2, the applicants' complaint was clearly "arguable" for the purposes of Article 13 (see Boyle and Rice v. the United Kingdom, judgment of 27 April 1988, Series A No. 131, § 52). The applicants should accordingly have been able to avail themselves of effective and practical remedies capable of leading to the identification and punishment of those responsible and to an award of compensation for the purposes of Article 13.
117. The Court has held in a number of similar cases that in circumstances where, as in the present case, the criminal investigation into the death was ineffective and the effectiveness of any other remedy that may have existed, including the civil remedies, was consequently undermined, the State has failed in its obligation under Article 13 of the Convention (see, among other authorities, Musayeva and Others v. Russia, No. 74239/01, § 118, 26 July 2007, or Kukayev, cited above, § 117). It therefore dismisses the Government's argument that the applicants had effective remedies under the criminal or civil law and finds that there has been a violation of Article 13 of the Convention in conjunction with Article 2.
118. As to the applicants' complaint under Article 13 about the lack of domestic remedies in respect of their complaint under Article 3 that Isa Zaurbekov had been ill-treated while in detention at the hands of the authorities, the Court notes that this latter complaint has been found to be unsubstantiated. In the absence of an "arguable claim" of a violation of a substantive Convention provision the Court finds that there has been no violation of Article 13 in this respect either.
119. As regards the applicants' reference to Article 13 in conjunction with Article 3 of the Convention, in so far as their mental suffering was concerned, the Court notes that it has found above that the applicants endured severe mental suffering on account of, inter alia, the authorities' inadequate investigation into their relative's disappearance. It has also found a violation of Article 13 of the Convention in connection with Article 2 of the Convention on account of the lack of effective remedies available to the applicants as a result of the inadequacy of the investigation. Having regard to these findings, the Court is of the opinion that the applicants' complaint under Article 13 in conjunction with Article 3 is subsumed by those under Article 13 in conjunction with Article 2 of the Convention. It therefore does not consider it necessary to examine the complaint under Article 13 in connection with Article 3 of the Convention.
120. As regards the applicants' reference to Article 5 of the Convention, the Court refers to its findings of a violation of that provision as set out above. It considers that no separate issue arises in respect of Article 13 read in conjunction with Article 5 of the Convention, which itself contains a number of procedural guarantees relating to the lawfulness of detention.
121. Lastly, as to the second applicant's complaint under Article 13 in conjunction with Article 8 and Article 1 of Protocol No. 1, the Court considers that in a situation where the authorities denied their involvement in the alleged intrusion into the second applicant's flat and the taking of her belongings and where the domestic investigation does not appear to have made any meaningful findings on this matter, the second applicant did not have any effective domestic remedies in respect of the alleged violations of her rights s



> 1 2 3 ... 19 20 21 ... 23 24 25

Поделиться:

Опубликовать в своем блоге livejournal.com
0.1689 с