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Постановление Европейского суда по правам человека от 08.01.2009 «Дело Шахгириева и другие (Shakhgiriyeva and others) против России» [англ.]





base. Furthermore, from the documents reviewed by the Court it does not appear that the applicants informed the investigation about the alleged link between the disappearance of their relatives and the security operations in Grozny following the downing of the helicopter, which they assumed in the submissions to the Court. Nor does it appear that they ever relayed to the investigating authorities the information about the meetings with the head of the village administration and the head of the Grozny ROVD (see paragraph 67 above).
158. The bodies of the three missing men were found six months later with signs of violent death, but there is no information allowing the Court to draw inferences about the implication of State agents in their deaths to the extent proposed by the applicants. The fact that the bodies were found several hundred metres away from the fence of the military base cannot serve as the sole basis for such a conclusion, since it was not alleged that the area in question had been guarded by the military servicemen or could otherwise be described as being under their "undisputed effective control". Nor has this link been assumed in the domestic investigation, which, on the contrary, connected Khasin Yunusov's death with his service in the police force.
159. Taking the above into account, the Court finds that it has not been established to the required standard of proof of "beyond reasonable doubt" that the security forces were implicated in the deaths of Aslan Israilov and Khasin Yunusov. Nor can the Court conclude that in the present case the burden of proof can be entirely shifted to the Government.

III. Alleged violation of Article 2 of the Convention

160. The applicants complained under Article 2 of the Convention that their relatives had been killed after having been detained by Russian servicemen and that the domestic authorities had failed to carry out an effective investigation of the matter. Article 2 reads:
"1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection."

A. Alleged violation of the right to
life of Magomed Shakhgiriyev, Ali Magomadov,
Ismail Umarov and Umalat Abayev

161. The Court has already found it established that the applicants' relatives' deaths can be attributed to the State. In the absence of any justification in respect of the use of lethal force by State agents, the Court finds that there has been a violation of Article 2 in respect of Magomed Shakhgiriyev, Ali Magomadov, Ismail Umarov and Umalat Abayev.

B. Alleged violation of the right to life
of Aslan Israilov and Khasin Yunusov

162. The Court has established above that, in the absence of relevant information, it is unable to find that the security forces were implicated in the deaths of the applicants' relatives. In such circumstances the Court finds no State responsibility and thus no violation of the substantive limb of Article 2 in respect of Aslan Israilov and Khasin Yunusov.

C. Alleged inadequacy of the investigation into
the abduction of Magomed Shakhgiriyev, Ali Magomadov,
Ismail Umarov and Umalat Abayev

163. The applicants argued that the investig



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