to produce a transcript of the witness interview of Mr Sh. referred to by the first applicant (see paragraph 52 above), or any other witness statements relating to the events of 11 February 2003. The Government only produced a copy of a report which listed the investigative measures allegedly taken in the case without providing any details regarding those actions (see paragraph 56 above). Relying on Article 161 of the Russian Code of Criminal Procedure, the Government refused to submit any documents from the criminal investigation file. The Court is therefore perplexed by the Government's argument that they had submitted the documents whose disclosure was not in contradiction with domestic law and the interests of the State and the participants in the criminal proceedings.
127. The Court further notes that the Government did not request the application of Rule 33 § 2 of the Rules of Court, which permits a restriction on the principle of the public character of the documents deposited with the Court for legitimate purposes, such as the protection of national security and the private life of the parties, and the interests of justice. The Court observes that the provisions of Article 161 of the Code of Criminal Procedure, to which the Government referred, do not preclude disclosure of the documents from the file of an ongoing investigation, but rather set out the procedure for and limits to such disclosure. The Government failed to specify the nature of the documents and the grounds on which they could not be disclosed (see, for similar conclusions, Mikheyev v. Russia, No. 77617/01, § 104, 26 January 2006). The Court also notes that in a number of comparable cases that have been reviewed by the Court, the Government submitted documents from the investigation files without reference to Article 161 (see, for example, Khashiyev and Akayeva v. Russia, Nos. 57942/00 and 57945/00, § 46, 24 February 2005, or Magomadov and Magomadov v. Russia, No. 68004/01, §§ 36 and 82, 12 July 2007), or agreed to produce documents from the investigation files even though they had initially invoked Article 161 (see Khatsiyeva and Others v. Russia, No. 5108/02, §§ 62 - 63, 17 January 2008). For these reasons, the Court considers the Government's explanations concerning the disclosure of the case file insufficient to justify withholding the key information requested by the Court.
128. Having regard to the importance of cooperation by the respondent Government in Convention proceedings and the difficulties associated with the establishment of the facts in cases such as the present one, the Court finds that the Russian Government fell short of their obligations under Article 38 § 1 (a) of the Convention on account of their failure to submit copies of the documents requested in respect of the disappearance of the applicants' relative.
VIII. Application of Article 41 of the Convention
129. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."
A. Damage
1. Pecuniary damage
130. The first applicant, Isa Zaurbekov's mother, sought compensation in the amount of 323,829.20 Russian roubles (RUB - approximately 9,000 euros (EUR)) in respect of the loss of the financial support her son would have provided them. She stated that Isa Zaurbekov had worked as a car mechanic and that she could have counted on 30% of his monthly wages. The first applicant submitted that she was unable to provide any document concerning Isa Zaurbekov's exact earnings at the material time, but stated that in any event his income had been no less than the allowance of an un
> 1 2 3 ... 21 22 23 24 ... 25
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
