ded as an effective remedy in the context of claims brought under Article 2 of the Convention. A civil court is unable to pursue any independent investigation and is incapable, without the benefit of the conclusions of a criminal investigation, of making any meaningful findings regarding the identity of the perpetrators of fatal assaults or disappearances, still less of establishing their responsibility (see Khashiyev and Akayeva v. Russia, Nos. 57942/00 and 57945/00, §§ 119 - 21, 24 February 2005, and Estamirov and Others, cited above, § 77). In the light of the above, the Court confirms that the applicants were not obliged to pursue civil remedies.
66. As regards criminal-law remedies, the Court observes that the applicants complained to the law-enforcement authorities immediately after the abduction of Mr Ismail Dzhamayev and that an investigation has been pending since 13 March 2002. The applicants and the Government dispute the effectiveness of this investigation.
67. The Court considers that this limb of the Government's preliminary objection raises issues concerning the effectiveness of the criminal investigation which are closely linked to the merits of the applicants' complaints. Thus, it considers that this objection should be joined to the merits and falls to be examined below under the substantive provisions of the Convention.
II. Alleged violation of Article 2 of the Convention
68. The applicants complained under Article 2 of the Convention that their relative had disappeared after having been detained by Russian servicemen and that the domestic authorities had failed to carry out an effective investigation of the matter. Article 2 reads:
"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
69. The Government referred to the results of the forensic examination according to which the remains of Mr Ismail Dzhamayev had been found at the cemetery where bodies of the illegal armed groups' members killed on 7 and 9 March 2002 had been buried. They submitted that he had been involved in the fight on 9 March 2002. The Government stated that the special operation conducted in Stariye Atagi between 6 and 13 March 2002 had been properly planned and carried out by competent State bodies in compliance with the applicable legislation, in particular with Federal Law No. 130-FZ of 25 July 1998 on Suppression of Terrorism, Federal Law No. 1026-1 of 18 April 1991 on the Police and Presidential Decree No. 1255c of 23 September 1999 on Measures Enhancing the Efficiency of Counter-Terrorist Operations in the Territory of the North Caucasia Region of the Russian Federation. They further submitted that the force applied had been "absolutely necessary" within the meaning of Article 2 of the Convention and, therefore, there had been no breach of the above provision.
70. The applicants reiterated their allegations that Mr Ismail Dzhamayev had been unlawfully apprehended by representatives of the State and then killed. Having been under the control of the authorities, he could not have been involved in the fight on 9 March 2002.
B. The Court's assessment
1. Admissibility
71. The Court con
> 1 2 3 ... 9 10 11 ... 22 23 24
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
