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

ranted victim status in the criminal proceedings and received replies to all her applications submitted within the framework of the proceedings. The investigation into her husband's disappearance was still pending. At the same time the applicant had not applied to domestic courts with any complaints concerning either the unlawful detention of her husband or actions of the agents of the law-enforcement bodies. They also pointed out that the applicant did not file a compensation claim in respect of damage allegedly caused by the State authorities.
129. The Court reiterates that Article 13 of the Convention guarantees the availability at the national level of a remedy to enforce the substance of the Convention rights and freedoms in whatever form they might happen to be secured in the domestic legal order. Given the fundamental importance of the right to protection of life, Article 13 requires, in addition to the payment of compensation where appropriate, a thorough and effective investigation capable of leading to the identification and punishment of those responsible for the deprivation of life and infliction of treatment contrary to Article 3, including effective access for the complainant to the investigation procedure leading to the identification and punishment of those responsible (see Anguelova v. Bulgaria, No. 38361/97, §§ 161 - 162, ECHR 2002-IV, 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 Khashiyev and Akayeva v. Russia, Nos. 57942/00 and 57945/00, § 183, 24 February 2005).
130. It follows that in circumstances where, as here, a criminal investigation into a disappearance in life-threatening circumstances was ineffective and the effectiveness of any other remedy that may have existed, including civil remedies, was consequently undermined, the State has failed in its obligation under Article 13 of the Convention.
131. Consequently, there has been a violation of Article 13 in conjunction with Article 2 of the Convention.
132. In so far as the complaint under Article 13 concerns the existence of a domestic remedy in respect of the complaint under Article 3 that Mr Medov had been ill-treated following his deprivation of liberty by unidentified armed men, the Court notes that in paragraph 118 it found no violation of Article 3 of the Convention. In these circumstances it finds that there has been no violation of Article 13 in this respect either.
133. As regards the applicant's reference to Article 5 of the Convention, the Court notes that according to its established case-law the more specific guarantees of Article 5 §§ 4 and 5, being a lex specialis in relation to Article 13, absorb its requirements and, in view of its above findings of a failure to comply with the State's positive obligation under Article 5 of the Convention, the Court considers that no separate issue arises in respect of Article 13 read in conjunction with Article 5 of the Convention in the circumstances of the present case.

VII. Alleged failure to comply with Article 34
of the Convention

134. Having regard to the incidents which allegedly took place in 2005, the applicant complained that the respondent Government had failed to comply with its obligations under Article 34, the relevant parts of which provide as follows:
"The Court may receive applications from any person... claiming to be the victim of a violation... of the rights set forth in the Convention... The High Contracting Parties undertake not to hinder in any way the effective exercise of this right."
135. The Government submitted that the applicant had not presented any evidence of the alleged intimidation. She also failed to indicate the name of the person wh



> 1 2 3 ... 16 17 18 19 ... 20

	Поделиться:	Tweet