Постановление Европейского суда по правам человека от 08.01.2009 «Дело Дангаева и Тарамова (Dangayeva and Taramova) против России» [англ.]

d killed Saidkhasan Dangayev on 23 October 2002 were State agents.
80. The Government argued that those responsible could have been members of an illegal armed group. However, this allegation was not specific and they have not submitted any material to support it. The Court would stress in this regard that the evaluation of the evidence and the establishment of the facts is a matter for the Court, and it is incumbent on it to decide on the evidentiary value of the documents submitted to it (see {Celikbilek} v. Turkey, No. 27693/95, § 71, 31 May 2005).
81. The Court notes that the applicants' allegation is supported by the witness statements of the first applicant and by other materials collected by the investigators. It finds that the fact that a large group of armed men in uniform introducing themselves as representatives of the military commander's office was able to move freely around the locality during curfew hours and proceeded to check identity papers in the houses of local residents is consistent with the applicants' allegation that its members were in fact State servicemen conducting a security operation. In spite of their submission to the contrary, the documents submitted by the Government indicate that the first applicant did inform the investigators that, in her opinion, her husband's killers were military servicemen (see paragraph 29 above). However, it appears that the investigators did not take any steps to check whether military servicemen were involved. The Government suggested that the persons responsible for Saidkhasan Dangayev's death could have been members of an illegal armed group that had also opened fire in the yards of two other representatives of local law-enforcement agencies in the evening of 23 October 2002. However, they failed to adduce any additional evidence relating to the investigation of those crimes or to explain what had been done in order to establish the identity of the perpetrators of those acts. The Government's conclusions thus seem speculative and do not contradict the applicants' allegation that a special operation was being carried out.
82. The Court observes that where the applicant makes out a prima facie case and the Court is prevented from reaching factual conclusions owing to a lack of documents it is for the Government to argue conclusively why the documents in question cannot serve to corroborate the allegations made by the applicant, or to provide a satisfactory and convincing explanation of how the events in question occurred. The burden of proof is thus shifted to the Government and if they fail in their arguments issues will arise under Article 2 and/or Article 3 (see {Togcu} v. Turkey, No. 27601/95, § 95, 31 May 2005, and Akkum and Others v. Turkey, No. 21894/93, § 211, ECHR 2005-II).
83. Taking into account the above elements, the Court is satisfied that the applicants have made out a prima facie case that Saidkhasan Dangayev was killed by State servicemen. The Government's statement that the investigation did not find any evidence to support the involvement of military servicemen is insufficient to discharge the above-mentioned burden of proof. Drawing inferences from the Government's failure to submit the documents which were in their exclusive possession or to provide another plausible explanation for the events in question, the Court considers that Saidkhasan Dangayev was killed on 23 October 2002 by State servicemen.
84. The Court further notes that, regrettably, it has been unable to benefit from the results of the domestic investigation, owing to the Government's failure to disclose most of the documents in the file (see paragraph 64 above). Nevertheless, it is clear that the investigation has not been able to establish the identity of Saidkhasan Dangayev's killers.
85. Accordingly, the Court finds that the evidence available permits it to establi



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