Постановление Европейского суда по правам человека от 15.01.2009 «Дело Медова (Medova) против России» [англ.]

bove).
100. Accordingly, the Court finds that the State has failed to comply with its positive obligation under Article 2 of the Convention to protect the life of Mr Adam Medov.

B. The alleged inadequacy of the investigation
into the abduction

1. The parties' submissions

101. The applicant argued that the delay in instituting the investigation into her husband's disappearance appeared to be detrimental to the progress of the investigation since it had deprived the investigator of the opportunity to question the members of the armed group that had apprehended Mr Medov. Furthermore, the investigative authorities had failed to question the relevant FSB officers and to check the FSB registers. They had also failed to inform the applicant of the progress of the investigation and submit the criminal file, even at the Court's explicit request.
102. The Government contended that the investigating authorities had taken all necessary measures to solve the crime and that the investigation had met the requirements of Article 2 of the Convention.

2. The Court's assessment

103. The Court reiterates that the obligation to protect the right to life under Article 2 of the Convention, read in conjunction with the State's general duty under Article 1 of the Convention to "secure to everyone within [its] jurisdiction the rights and freedoms defined in [the] Convention", also requires by implication that there should be some form of effective official investigation when individuals have been killed as a result of the use of force (see, mutatis mutandis, McCann and Others v. the United Kingdom, judgment of 27 September 1995, Series A No. 324, p. 49, § 161, and Kaya v. Turkey, judgment of 19 February 1998, Reports 1998-I, p. 324, § 86). The essential purpose of such investigation is to secure the effective implementation of the domestic laws which protect the right to life and, in those cases involving State agents or bodies, to ensure their accountability for deaths occurring under their responsibility. This investigation should be independent, accessible to the victim's family and carried out with reasonable promptness and expedition. In cases where a positive obligation to safeguard the life of persons is at stake, the investigation should be effective in the sense that it is capable of, firstly, ascertaining the circumstances in which the incident took place and any shortcomings in the taking of preventive measures and, secondly, identifying the State officials or authorities responsible (see, mutatis mutandis, Trubnikov v. Russia, No. 49790/99, § 88, 5 July 2005).
104. The Court notes at the outset that the documents from the investigation file were not disclosed by the Government. It therefore has to assess the effectiveness of the investigation on the basis of the few documents submitted by the applicants and the information about its progress presented by the Government.
105. Turning to the facts of the present case, it notes that the investigation in the present case was instituted on 22 July 2004, that is one month and five days after the events. The Court accepts that the failure to institute the investigation within the first few days following the detention of the six men at the Sunzhenskiy ROVD might be explained by the prosecuting authorities' assumption that Mr Medov had been lawfully detained by FSB officers. However, on 7 July 2004 the FSB department informed the applicant that her husband had not been detained by its officers. Nevertheless, the official investigation was not opened until more than two weeks later. Therefore, the investigation was instituted with a delay in a situation where prompt action was vital.
106. With regard to the investigative measures taken, the Court observes that in the period between July and September 20



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