Communicated on 4 March 2019<\/p>\n
THIRD SECTION<\/p>\n
Application no.49139\/11
\nVera Bembeyevna KICHIKOVA
\nagainst Russia
\nlodged on 2 June 2011<\/p>\n
STATEMENT OF FACTS<\/strong><\/p>\n The applicant, Ms Vera BembeyevnaKichikova, is a Russian national, who was born in 1959 and lives in Yashkul, a village in the Republic of Kalmykiya.<\/p>\n The facts of the case, as submitted by the applicant, may be summarised as follows.<\/p>\n On 26 August 2009 at 5.10 p.m. the applicant\u2019s daughter D. (aged 23\u00a0years old) went home from her work in the correctional colony IK-2 of the Republic of Kalmykiya. When after 6 p.m. she had still not arrived at home, which normally took her about ten minutes, her relatives started to worry and to look for her. When their attempts to find D. had yielded no result, they asked the IK-2 administration to organise a search. The search lasted until late at night and was resumed in the morning of 27\u00a0August 2009. On the same day, following the applicant\u2019s request, criminal proceedings were instituted into D.\u2019s disappearance under Article 105\u00a0\u00a7\u00a01 of the Criminal Code (murder).<\/p>\n On 28 August 2009 at 10.30 a.m. D.\u2019s body was found in the garbage hole on the territory adjacent to IK-2 with signs of violent death.<\/p>\n On the same day an on-site inspection was carried out and a post-mortem examination of D.\u2019s body was ordered.<\/p>\n The post-mortem examination established that D. had died of massive blood loss 24 to 48 hours prior to her body\u2019s examination in the morgue, that is in the period between 6 p.m. on 26 August and 6 p.m. on 27 August 2009 (reports nos.\u00a0365 and 39 of 9\u00a0October 2009 and 10 June 2010 respectively).<\/p>\n On 29 August 2009 G. and K. serving their sentences in IK-2 were involved in the proceedings as suspects. They both gave statements of surrender and confession.<\/p>\n On 31 August 2009 the applicant\u2019s husband was granted victim status in the proceedings.<\/p>\n On 10 February 2010 the applicant was granted victim status in the proceedings.<\/p>\n On an unspecified date the case file was transferred to the Supreme Court of the Republic of Kalmykiya for a jury trial.<\/p>\n On 24 August 2010 the jury delivered a verdict finding G. and K. not guilty in having murdered D. in the absence of the event of the crime.<\/p>\n On 27 September 2010 the Supreme Court of the Republic of Kalmykiyaaccepted the verdict and acquitted G. and K.<\/p>\n On 18 November 2010 the Supreme Court of Russia (\u201cthe Supreme Court\u201d) upheld the acquittal on appeal.<\/p>\n Between December 2010 and February 2011 the applicant repeatedly applied to the Investigative Committee of the Russian Federation Prosecutor\u2019s Office for the Republic of Kalmykiya seeking to have the investigation into the death of D. resumed, in vain.<\/p>\n On 6 July 2011 the Presidium of the Supreme Court granted the Prosecutor General\u2019s request for supervisory review, quashed the judgment of 27\u00a0September 2010 and the appeal decision of 18\u00a0November 2010 and remitted the case for a retrial.<\/p>\n On 5 August 2011 the case was submitted to the Supreme Court of the Republic of Kalmykiya for retrial.<\/p>\n The case file contains no further documents regarding those proceedings.<\/p>\n It appears, however, that on an unspecified date the investigation into the death of D. was resumed.<\/p>\n On 13\u00a0August 2015 the investigation was suspended for failure to identify those responsible for D.\u2019s death.<\/p>\n The case file contains no further information as to the subsequent course of the investigation other than the fact that on November 2018 the proceedings were still suspended.<\/p>\n COMPLAINTS<\/strong><\/p>\n The applicant complains, with reference to Articles 2, 3, 6 and 13 of the Convention, about the failure of the domestic authorities to carry out an effective investigation into the death of her daughter.<\/p>\n QUESTION TO THE PARTIES<\/strong><\/p>\n Did the investigation in respect of the applicant\u2019s daughter\u2019s death comply with the requirements under Article 2 of the Convention? In particular, was that investigation conducted promptly and free of deficiencies capable of undermining the authorities\u2019 ability to establish the circumstances of the victim\u2019s death and the identity of those responsible (see Mazepa and Others v. Russia, no. 15086\/07<\/a>, \u00a7\u00a069, 17\u00a0July 2018, with further references)?<\/p>\n The Government are requested to produce the entire investigation file pertaining to the circumstances in question and to inform the Court of the current state of proceedings in the case.<\/p>\n