Постановление Европейского суда по правам человека от 22.07.2010 <Дело Бенуева и другие (Benuyeva and others) против России» [англ.]

61161 had been resumed on 20 August 2003 and was under way.
51. On 30 December 2003 the SRJI asked, on behalf of the applicants, the district prosecutor's office to take certain measures in order to establish the whereabouts of Abu Zhanalayev and Sayd-Selim Benuyev.
52. On 27 and 30 April 2004 respectively, the district prosecutor's office informed the tenth and first applicants that the investigation in case No. 61161 had been suspended on 20 September 2003 for failure to identify those responsible.
53. On 23 June 2004 the first and tenth applicants asked the district prosecutor's office to allow them access to the investigation file.
54. On 26 October 2004 an investigator of the district prosecutor's office told the first and tenth applicants that there was no need to search for Abu Zhanalayev and Sayd-Selim Benuyev as they were most probably dead.
55. On 19 December 2005 the first and tenth applicants complained about their sons' abduction and the suspension of the criminal investigation to the military commander of the Urus-Martan District.
56. On 24 January 2007 the first and tenth applicants asked the district prosecutor's office to update them on the progress of the investigation in case No. 61161 and to resume it if it had been suspended.
57. On 31 January 2007 the district prosecutor's office informed the first and tenth applicants that the investigation had been suspended on 20 September 2003 but that investigative measures were being taken to find their sons and the perpetrators despite the suspension.

2. The Government's account

58. On 27 November 2002 the district prosecutor's office instituted an investigation into the kidnapping of Abu Zhanalayev and Sayd-Selim Benuyev in case No. 61161 on the basis of complaints lodged by the first and tenth applicants.
59. Mumad Benuyev and Khas-Magomed Zhanalayev were granted victim status.
60. On 15 December 2002 the first applicant was questioned as a witness and stated that on 24 November 2002 around twelve armed men wearing camouflage uniforms and masks had arrived in two UAZ-469 vehicles at her house; one of the vehicles had been khaki with an aerial on its roof and a dent on its right door. The armed men had beaten the first applicant's husband, the second applicant and two other relatives. They had demanded that the Benuyevs produce identity papers; while Sayd-Selim Benuyev had been trying to reach for his papers, they had captured him and dragged him outside, put a plastic bag over his head and taken him away. Sayd-Selim Benuyev had not participated in illegal armed groups.
61. On 16 December 2002 Mumad Benuyev was questioned and made a statement identical to that of the first applicant. He noted that the UAZ vehicles had been grey and khaki.
62. On 16 December 2002 Khas-Magomed Zhanalayev was questioned as a witness and stated that on 24 November 2002 Abu Zhanalayev had stepped out of his house and encountered armed men who had demanded to see his identity papers. Abu Zhanalayev had asked Khas-Magomed Zhanalayev to bring the papers from his house. While Khas-Magomed Zhanalayev had been absent, Abu Zhanalayev had been taken away by the armed men in a UAZ-469 vehicle. Abu Zhanalayev had not participated in illegal armed groups.
63. On an unspecified date the first applicant was again questioned. She stated that the armed men in camouflage uniforms had beaten her guests who had arrived to attend a neighbour's wedding. There had been around twelve armed men, they had all been tall. Four of them had not been masked and one armed man had had red hair and a beard.
64. On 24 January 2003 the department of the interior of the Vedenskiy District established that Abu Zhanalayev and Sayd-Selim Benuyev had not been kept in temporary detention facilities and

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