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

investigation.
71. The Court considers that the Government's preliminary objection raises issues concerning the effectiveness of the criminal investigation which are closely linked to the merits of the applicant's complaints. Thus, it considers that these matters fall to be examined below under the substantive provisions of the Convention.

II. Establishment of the facts

A. The parties' submissions

72. The applicant submitted that, since her husband had been missing for a very lengthy period, it could be presumed that he was dead. The presumption was further supported by the prevalence of forced disappearances in Chechnya at the material time. Furthermore, concordant evidence proved that her husband had been apprehended by agents of law-enforcement bodies. In particular, it was not contested by the Government that between 15 and 17 June 2004 Mr Medov had been held at the FSB Department in the Republic of Ingushetia. Furthermore, when Mr Medov had been brought to the Sunzhenskiy ROVD along with K. and persons who had papers showing that they were FSB officers, the prosecutor of the Sunzhenskiy district had contacted the FSB Department in the Republic of Ingushetia which had confirmed that the FSB officers had acted lawfully in detaining Mr Medov and K. Moreover, although the Government argued that the FSB had never issued official documents for the persons who had apprehended Mr Medov, they had presented no evidence that the FSB register had been checked in the course of the investigation. In particular, no evidence had been furnished to show that the FSB register of "undercover documents" issued under Article 9 § 53 of the FSB Statute had been checked.
73. Furthermore, the applicant invited the Court to conclude that the Government's refusal to submit a copy of the entire investigation file in response to the Court's requests was incompatible with their obligations under Article 38 of the Convention. In her view, through their handling of the Court's request for documents, the Government had additionally failed to comply with their obligations under Article 34 of the Convention.
74. The Government submitted that the circumstances of Mr Medov's disappearance were under investigation. There was no evidence to either consider that he had been abducted by representatives of federal forces or presume him dead.
75. The Government reiterated that the submission of the case file would be contrary to Article 161 of the Code of Criminal Procedure. They also pointed out that it had been suggested that a Court delegation have access to the file at the place where the preliminary investigation was being conducted.

B. Article 38 § 1 (a) and consequent inferences drawn
by the Court

76. The Court reiterates that it is of the utmost importance for the effective operation of the system of individual petition instituted under Article 34 of the Convention that States should furnish all necessary facilities to make possible a proper and effective examination of applications (see {Tanrikulu} v. Turkey [GC], No. 23763/94, § 70, ECHR 1999-IV). This obligation requires the Contracting States to furnish all necessary facilities to the Court, whether it is conducting a fact-finding investigation or performing its general duties as regards the examination of applications. Failure on a Government's part to submit such information which is in their hands, without a satisfactory explanation, may not only give rise to the drawing of inferences as to the well-foundedness of the applicant's allegations, but may also reflect negatively on the level of compliance by a respondent State with its obligations under Article 38 § 1 (a) of the Convention (see {Timurtas} v. Turkey, No. 23531/94, § 66, ECHR 2000-VI).
77. In the present case the applicant alleged th



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