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

sh to the requisite standard of proof that Saidkhasan Dangayev was killed by State agents during an unacknowledged security operation.

IV. Alleged violation of Article 2 of the Convention

86. The applicants complained under Article 2 that their relative, Saidkhasan Gandaloyev, had been killed by State agents and that the domestic authorities had failed to carry out an effective investigation into the crime. They relied on Article 2 of the Convention, which provides:
"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. The parties' submissions

87. The applicants maintained that State agents had deprived Saidkhasan Gandaloyev of his life and that the Government had failed to submit any evidence to refute their allegations. They also argued that the criminal investigation had not met the requirements of effectiveness and adequacy required by the Court's case-law on Article 2. The prosecutor's office had failed to take a number of crucial investigative steps; the investigation had been ongoing for several years; it had been suspended and reopened a number of times, but had failed to produce any tangible results; and, lastly the applicants had not been properly informed of the most important investigative measures.
88. The Government contended that the domestic investigation had obtained no evidence that any servicemen from the federal forces were involved in the killing of Saidkhasan Dangayev. They claimed that the investigation into his death had met the Convention requirements of effectiveness, as all the measure available under national law had been taken in an attempt to identify the perpetrators.

1. Admissibility

89. The Court considers, in the light of the parties' submissions, that the complaint raises serious issues of fact and law under the Convention, the determination of which requires an examination of the merits. Further, it has already found that the Government's objection concerning the alleged non-exhaustion of domestic remedies provided for by criminal law should be joined to the merits of the complaint (see paragraph 73 above). The complaint under Article 2 of the Convention must therefore be declared admissible.

2. Merits

(a) Alleged failure to protect the right to life
90. The Court reiterates that Article 2, which safeguards the right to life and sets out the circumstances when deprivation of life may be justified, ranks as one of the most fundamental provisions in the Convention, from which no derogation is permitted. In the light of the importance of the protection afforded by Article 2, the Court must subject deprivation of life to the most careful scrutiny, taking into consideration not only the actions of State agents but also all the surrounding circumstances (see, among other authorities, McCann and Others v. the United Kingdom, 27 September 1995, §§ 146 - 147, Series A No. 324).
91. The Court has already found it established that the death of Saidkhasan Dangayev can be attributed to the State. In the absence of any justification put forward by the Government, the Court finds that there has been a violation of Article 2 in respect of Saidkhasan Dangayev.


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