Постановление Европейского суда по правам человека от 22.04.2010 «Дело Тупчиева (Tupchiyeva) против России» [англ.]

3 November 2003 the applicant wrote to the Chechnya prosecutor's office. She described the circumstances of her son's abduction and stated that her requests to various law-enforcement bodies had not produced any results. She pointed out that the Shali district prosecutor's office (the district prosecutor's office) had failed to initiate an investigation into her son's abduction. She expressed her concerns about her son's state of health as at the time of his abduction Vakhit Dzhabrailov had been suffering from tuberculosis.
20. On 3 December 2003 the applicant's representatives requested the district prosecutor's office to inform them about the following: whether the authorities had initiated a criminal investigation into the abduction of Vakhit Dzhabrailov; whether the applicant had been granted victim status in the criminal case, and what measures had been taken to establish the identity of the perpetrators of the kidnapping and the whereabouts of the applicant's son. No reply was given to this request.
21. On 1 June 2004 the applicant's representatives reiterated their request of 3 December 2003.
22. On 1 July 2004 the district prosecutor's office informed the applicant's representatives that on 27 January 2003 they had instituted an investigation into the disappearance of Vakhit Dzhabrailov and that the case file had been given the number 22015. According to the letter, on an unspecified date the applicant had been granted victim status in the criminal proceedings.
23. On 7 August 2004 the military prosecutor's office of the United Group Alignment (the military prosecutor's office of the UGA) forwarded the applicant's request for assistance in the search for her son to the military prosecutor's office of military unit No. 20116.
24. On 17 February 2005 the Shali district military commander's office (the district military commander's office) informed the applicant that they had examined her complaint about the abduction of Vakhit Dzhabrailov and forwarded a number of requests for information to various law-enforcement bodies.
25. On 11 March 2005 the district military commander's office informed the applicant that in connection with the abduction of her son the ROVD had opened operational search file No. 71409 and measures aimed at establishing his whereabouts were under way.
26. On 19 July 2005 the applicant's representatives requested the district prosecutor's office to provide information concerning the progress of the investigation in the criminal case, the date of suspension of the criminal proceedings and the results of examination by the investigative authorities of the applicant's version of the involvement of Russian military forces in the abduction of Vakhit Dzhabrailov. The representatives also requested to be informed whether the applicant could be provided with access to the investigation file. No reply was given to this request.
27. On 5 October 2005 the applicant's representatives reiterated their request for an update on the criminal investigation.
28. On 12 November and 12 December 2005 the district prosecutor's office informed the applicant's representatives that on 8 July 2004 they had suspended the investigation in the criminal case. They also stated that the investigation had not established the involvement of Russian military servicemen in the abduction. The letters further invited the applicant to familiarise herself with those documents from the investigation file "which concerned her interests as a victim in the criminal case".
29. According to the applicant, between January 2003 and December 2005 the investigators from the military prosecutor's office questioned twelve witnesses from her relatives and neighbours about Vakhit Dzhabrailov.

2. Information

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