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

2004 and 7 December 2005 informing the applicants of the suspension of the investigation;
(f) two letters dated 26 April 2004 and 7 November 2005 informing the applicants of the reopening of the investigation.

II. Relevant domestic law

65. Article 125 of the Russian Code of Criminal Procedure 2001 ("CCP") provides that the decision of an investigator or prosecutor to dispense with or terminate criminal proceedings, and other decisions and acts or omissions which are liable to infringe the constitutional rights and freedoms of the parties to criminal proceedings or to impede citizens' access to justice, may be appealed against to a district court, which is empowered to examine the lawfulness and grounds of the impugned decisions.
66. Article 161 of the CCP establishes the rule that data from the preliminary investigation cannot be disclosed. Part 3 of the same Article provides that information from the investigation file may be divulged with the permission of a prosecutor or investigator and only in so far as it does not infringe the rights and lawful interests of participants in the criminal proceedings and does not prejudice the investigation. It is prohibited to divulge information about the private life of participants in criminal proceedings without their permission.
67. Article 1069 of the Russian Civil Code provides that damage sustained by an individual because of the unlawful acts or omissions of State and municipal agencies or their officials is to be indemnified by the State or municipal treasury concerned.

THE LAW

I. The Government's objection
of abuse of the right of application

68. The Government submitted that the application had not been lodged with a view to restoring the allegedly violated rights of the applicants. Its actual object and purpose was clearly of a political nature as the applicants wanted to "incriminate the Russian Federation of allegedly adopting a policy of violating human rights in the Chechen Republic". They concluded that the application should be dismissed pursuant to Article 35 § 3 of the Convention.
69. The Court considers that the Government may be understood to be suggesting that there was an abuse of the right of application on the part of the applicants. It observes in this respect that the complaints the applicants brought to its attention concern genuine grievances. Nothing in the case file reveals any appearance of an abuse of their right of individual application. Accordingly, the Government's objection must be dismissed.

II. The Government's objection
as to non-exhaustion of domestic remedies

A. The parties' submissions

70. The Government contended that the application should be declared inadmissible for non-exhaustion of domestic remedies as the investigation into the death of Saidkhasan Dangayev had not yet been completed.
71. The applicants disagreed with the Government's objection. They stated that the criminal investigation had proved to be ineffective. Referring to other cases concerning similar crimes that had been reviewed by the Court they alleged that the existence of an administrative practice of non-investigation of crimes committed by State servicemen in Chechnya rendered any potentially effective remedies inadequate and illusory in their case.

B. The Court's assessment

72. As regards the Government's objection concerning criminal-law remedies, the Court observes that the applicants complained to the law-enforcement agencies immediately after Saidkhasan Dangayev was killed and that an investigation has been pending since 24 October 2002. The applicant and the Government were in disagreement about the effectiveness of this investigation.
73.



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