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

carried it out and were involved in the detention of Magomed Shakhgiriyev, Ali Magomadov, Ismail Umarov and Umalat Abayev, or their fellow detainees.
171. Further, it does not appear that the investigation fully established the circumstances of the applicants' relatives' deaths. Even though a forensic examination of the bodies was carried out, it does not appear that it established the timing of the deaths or that it addressed any injuries except for firearm wounds, as described by the relatives and a medical doctor in Chechen-Aul (see paragraphs 46 and 47 above). There has been no explanation for the difference in the results communicated by the Government, according to which the deaths of all the victims had been caused by firearm wounds, and the medical report issued by the Chechen-Aul medical service to the effect that that the death of Ali Magomadov had resulted from strangulation and numerous blows (see paragraph 48 above). The Court also notes that the death certificates issued by the local registration office indicated 23 October and 9 November 2002 as the dates of the deaths (see paragraphs 49, 51, 55 and 58 above).
172. The Court also notes that even though some of the applicants and other relatives of the disappeared men were granted victim status, they were only informed of the adjournment and reopening of the proceedings, and not of any other significant developments. Accordingly, the investigators failed to ensure that the investigation received the required level of public scrutiny, or to safeguard the interests of the next of kin in the proceedings.
173. Lastly, the Court notes that the investigation was adjourned and resumed a number of times and that there were long periods of inactivity during the years when it was pending.
174. The Government raised the possibility for the applicants to make use of judicial review of the decisions of the investigating authorities in the context of exhaustion of domestic remedies. The Court observes that the applicants, having no access to the case file and not being properly informed of the progress of the investigation, could not have effectively challenged actions or omissions of investigating authorities before a court. Furthermore, the investigation was resumed by the prosecuting authorities themselves a number of times owing to the need to take additional investigative steps. However, they still failed to investigate the applicants' allegations properly. Moreover, owing to the time that had elapsed since the events complained of, certain investigative measures that ought to have been carried out much earlier could no longer usefully be conducted. Accordingly, the Court finds that the remedy relied on by the Government was ineffective in the circumstances and dismisses their preliminary objection as regards the applicant's failure to exhaust domestic remedies within the context of the criminal investigation.
175. In the light of the foregoing, the Court holds that the authorities failed to carry out an effective criminal investigation into the circumstances surrounding the deaths of Magomed Shakhgiriyev, Ali Magomadov, Ismail Umarov and Umalat Abayev, in breach of Article 2.

D. Alleged inadequacy of the investigation
of the deaths of Aslan Israilov and Khasin Yunusov

176. The applicants further alleged a violation of the positive obligation under Article 2 to investigate the deaths of Aslan Israilov and Khasin Yunusov. The Government disputed this allegation.
177. The Court first notes that the authorities were aware of the applicants' two relatives' disappearance at the latest by 11 November 2002 (see paragraph 106 above). Nevertheless, the investigation into the murder was not opened until 15 December 2002. This delay in itself was liable to affect the investigation of such a serious crime, where crucial action had to be taken



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