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





04 the investigating authorities questioned a number of State agents, including prosecuting authorities, police and FSB officers. It further notes that Mr I., deputy prosecutor of the Sunzhenskiy District, questioned on 29 July 2004, submitted that on 17 July 2004, after he had been informed that unknown persons with the identity documents of FSB officers who had tried to take Mr Medov and K. through the checkpoint had been brought to the Sunzhenskiy ROVD, he had immediately informed Mr B., another deputy prosecutor. The latter had confirmed that the persons concerned had been in possession of all necessary documents. However, from the materials available to the Court it appears that Mr B. was never questioned. Accordingly, the investigating authorities did not take sufficient steps to establish on what grounds the prosecuting officers had assumed the authenticity of the captors' identity documents.
107. The Court further notes that the Government provided general information about numerous requests sent by the investigating authorities to prosecuting and investigating authorities of other Caucasian regions, the UGA, the FSB and other institutions, including civilian. However, from the information submitted it is not clear what was the content of the requests. In particular, there is no information that any requests were sent to checkpoints in the Chechen Republic so as to find out whether the same cars passed through any of them. Nor is it clear whether other measures purposed to trace the two cars after they had left the Sunzhenskiy ROVD were taken. Furthermore, there is no information that the investigating authorities checked the FSB register or what steps, if any, were taken to establish how Mr Medov's captors could have obtained the identity documents of FSB officers.
108. In the Court's view, the failure to take those measures constitutes a breach of the obligation to exercise exemplary diligence and promptness in dealing with such a serious crime (see Paul and Audrey Edwards v. the United Kingdom, No. 46477/99, § 86, ECHR 2002-II).
109. The Court also notes that, even though the applicant had been granted victim status, she was not informed of significant developments in the investigation apart from several decisions on its suspension and resumption. Accordingly, the investigators failed to ensure that the investigation received the required level of public scrutiny, and to safeguard the interests of the next of kin in the proceedings.
110. Finally, the Court notes that the investigation was adjourned and resumed several times. Such handling of the investigation could not but have had a negative impact on the prospects of identifying the perpetrators and establishing the fate of Mr Medov.
111. Having regard to the Government's preliminary objection that was joined to the merits of the complaint, the Court notes that the authorities' failure to take necessary and urgent investigative measures undermined the effectiveness of the investigation in its early stages. Accordingly, the Court finds that the remedy relied on by the Government was ineffective in the circumstances and dismisses their preliminary objection.
112. In the light of the foregoing, the Court finds that the authorities failed to carry out an effective criminal investigation into the circumstances surrounding the disappearance of Mr Adam Medov, in breach of Article 2 in its procedural aspect. Accordingly, there has been a violation of Article 2 in this respect also.

IV. Alleged violation of Article 3 of the Convention

113. The applicant complained that there were strong reasons to believe that her husband had been subjected to treatment in violation of Article 3 of the Convention, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
114. The applicant



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