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

maintained the complaint and contended that the Government had failed to produce any evidence that could refute her allegations. She further averred that the investigation had not been efficient for reasons similar to those set out above in relation to Article 2 of the Convention.
115. The Government submitted that the investigation had produced no evidence that Mr Medov had been subjected to treatment prohibited by Article 3 of the Convention.
116. The Court reiterates that allegations of ill-treatment must be supported by appropriate evidence. To assess this evidence, the Court adopts the standard of proof "beyond reasonable doubt" but adds that such proof may follow from the coexistence of sufficiently strong, clear and concordant inferences or of similar unrebutted presumptions of fact (see Ireland v. the United Kingdom, judgment of 18 January 1978, Series A No. 25, pp. 64 - 65, § 161 in fine). Article 3, taken together with Article 1 of the Convention, implies a positive obligation on the States to ensure that individuals within their jurisdiction are not subjected to torture or inhuman or degrading treatment or punishment (see A. v. the United Kingdom, judgment of 23 September 1998, Reports of Judgments and Decisions 1998-VI, p. 2699, § 22).
117. The Court has found it established that Mr Adam Medov was abducted by unidentified armed men. It has also found that, in view of all the known circumstances, he can be presumed dead and that the State has failed to comply with its positive obligation under Article 2 of the Convention to protect the lives of individuals within its jurisdiction. However, the Court has not established the exact way in which Mr Medov died and whether he was subjected to ill-treatment by his captors. Accordingly, it may not conclude that the circumstances of Mr Medov's abduction gave rise to a positive obligation under Article 3 of the Convention. The Court also notes that it was not alleged by the applicant that her husband had been ill-treated by officers at either the "Volga-20" checkpoint or the Sunzhenskiy ROVD.
118. Therefore, the Court finds that there has been no violation of Article 3 of the Convention.

V. Alleged violation of Article 5 of the Convention

119. The applicant complained that her husband had been deprived of his liberty in violation of Article 5 of the Convention. The relevant parts of Article 5 provide:
"1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
...
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;
...
2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.
3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation."
120. The applicant noted that, altho



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