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

r /> (b) Alleged inadequacy of the investigation
92. The Court reiterates that the obligation to protect the right to life under Article 2 of the Convention, read in conjunction with the State's general duty under Article 1 of the Convention to "secure to everyone within [its] jurisdiction the rights and freedoms defined in [the] Convention", also requires by implication that there should be some form of effective official investigation when individuals have been killed as a result of the use of force (see, mutatis mutandis, McCann and Others, cited above, § 161, and Kaya v. Turkey, 19 February 1998, § 86, Reports of Judgments and Decisions 1998-I). The essential purpose of such investigation is to secure the effective implementation of the domestic laws which protect the right to life and, in those cases involving State agents or bodies, to ensure their accountability for deaths occurring under their responsibility. This investigation should be independent, accessible to the victim's family, carried out with reasonable promptness and expedition, effective in the sense that it is capable of leading to a determination of whether the force used in such cases was or was not justified in the circumstances or otherwise unlawful, and afford a sufficient element of public scrutiny of the investigation or its results (see Hugh Jordan v. the United Kingdom, No. 24746/94, §§ 105 - 109, 4 May 2001, and Douglas-Williams v. the United Kingdom (dec.), No. 56413/00, 8 January 2002).
93. In the present case, an investigation was carried out into the murder of the applicants' relative. The Court must assess whether that investigation met the requirements of Article 2 of the Convention.
94. The Court notes at the outset that most of the documents from the investigation file were not disclosed by the Government. It therefore has to assess the effectiveness of the investigation on the basis of the few documents submitted by the parties and the information about its progress provided by the Government.
95. The Court notes that the investigation into the killing of Saidkhasan Dangayev was instituted on 24 October 2002, that is to say, the day after his death. It also appears that within the following weeks the applicants and some of their neighbours were questioned, the crime scene was inspected, a perfunctory examination of the body was carried out and a ballistic report was ordered. The first applicant was granted victim status on 5 November 2002. However, it does not appear that any other steps were taken at that time to solve the crime. In particular, in spite of the first applicant's complaints about the possible involvement of military servicemen in her husband's death (see paragraph 29 above), the investigators neither questioned officers of the local military commander's office and other law enforcement agencies about their involvement in the identity check and the raid on the houses in Pogranichnaya Street on the evening of 23 October 2002 nor identified witnesses who had seen the UAZ vehicle used by the killers. It also appears, that regardless of the instructions provided by the district prosecutor in his decision of 6 February 2004 (see paragraph 37 above), the investigators failed to take such basic investigative measures as obtaining the registration log of the car and armoured vehicles which passed through the checkpoints along the Staropromyslovskiy main road during the night of 23 October 2002 and questioning the servicemen manning those checkpoints. It is obvious that if they were to produce any meaningful results these investigative measures should have been taken immediately after the crime was reported to the authorities, and as soon as the investigation commenced. Such delays, for which there has been no explanation in the instant case, not only demonstrate the authorities' failure to act of their own motion but also constitute a breach of the oblig



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