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





mation of a military nature and personal data concerning the witnesses or other participants in the criminal proceedings. At the same time, the Government suggested that a Court delegation could have access to the file at the place where the preliminary investigation was being conducted, with the exception of the documents disclosing military information and the personal details of the witnesses, and without the right to make copies of the case file and transmit it to others.

C. Alleged intimidation of the applicant

1. The applicant's account

62. On 10 March 2005 the applicant submitted a letter to the Court, in which she alleged that in January - March 2005 persons who claimed to belong to the FSB had offered her money via a relative of hers for the withdrawal of her application. She had also been personally contacted by a man claiming to be an officer of the FSB who had threatened her and offered money for the withdrawal of her application before the Court.
63. After the application had been communicated to the Government, the applicant maintained the complaint concerning the events that had allegedly taken place in January - March 2005. She made no new allegations.

2. The Government's account

64. The Government submitted that State agents had not hindered the applicant's right to petition the Court. Furthermore, the applicant had not applied to law-enforcement agencies in connection with the alleged threats and offers of money for the withdrawal of her application.

II. Relevant domestic law

65. Article 125 of the Code of Criminal Procedure provides for judicial review of decisions by investigators and prosecutors that might infringe the constitutional rights of participants in proceedings or prevent access to a court.
66. Article 161 of the Code of Criminal Procedure stipulates that evidence from the preliminary investigation may not be disclosed. Part 3 of the same Article provides that information from the investigation file may be divulged with the permission of a prosecutor or investigator, but only in so far as it does not infringe the rights and lawful interests of the participants in the criminal proceedings and does not prejudice the investigation. It is prohibited to divulge information about the private life of participants in criminal proceedings without their permission.

THE LAW

I. The government's preliminary objection

67. The Government contended that the application should be declared inadmissible for non-exhaustion of domestic remedies. They noted in this regard that the investigation into the abduction of the applicant's husband had not yet been completed.
68. The applicant disputed the Government's objection. She submitted that they had failed to indicate what remedy she had to exhaust. Inasmuch as their objection related to the fact that the investigation was still pending, having referred to Imakayeva v. Russia (dec.), No. 7615/02, 12 February 2005, the applicant contended that this argument related to the merits of her complaint.
69. In the present case, the Court took no decision about the exhaustion of domestic remedies at the admissibility stage, having found that this question was too closely linked to the merits. It will now proceed to examine the arguments of the parties in the light of the provisions of the Convention and its relevant practice (for a relevant summary, see Estamirov and Others v. Russia, No. 60272/00, § 73 - 74, 12 October 2006).
70. The Court observes that the applicant complained to the law enforcement authorities immediately after the disappearance of Mr Adam Medov and that an investigation has been pending since 22 July 2004. The applicant and the Government disputed the effectiveness of this



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