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

submitted by the Government

30. Without submitting any of the relevant documents or providing the dates of the investigating measures the Government stated that the investigation of the abduction of Vakhit Dzhabrailov had been initiated by the district prosecutor's office and that the applicant had been granted victim status in the criminal case.
31. On an unspecified date the investigators questioned the applicant, who stated that on 3 January 2003 she had been at home. At about 10 a.m. a group of armed men in camouflage uniforms had broken into her house. At first the men had taken away her son Ramzan; however, they had brought him back soon afterwards and taken her second son, Vakhit Dzhabrailov. The men placed him in a grey UAZ minivan and took him away to an unknown destination. At some point later the investigators again questioned the applicant, who stated that it was one of her sons, Mr V.Dz., who had informed her about the visit of the abductors' car to the ROVD on the night of the abduction and that he, in his turn, had obtained this information from taxi drivers who had witnessed the vehicle arriving at the ROVD and leaving some time later.
32. On an unspecified date the investigators questioned the applicant's neighbour Ms A.Ak., who stated that at about 10 a.m. on 3 January 2003 she had seen from her window a tented GAZ vehicle and a grey UAZ minivan pulling over to the applicant's gate. A number of men in camouflage uniforms who were armed with automatic weapons had got out of the vehicles and fetched a ladder from the boot of the GAZ car. They had used the ladder to climb over the applicant's gate; they got into the applicant's yard and opened the gate from inside. About ten minutes later the armed men brought the applicant's son Mr R.Dzh. to the vehicles; a few minutes later they took him back to the house. After that the intruders took the applicant's other son, Vakhit Dzhabrailov, placed him in the grey minivan and drove away. According to the witness, in the UAZ minivan she had noticed a man in camouflage uniform of Caucasian appearance and to whom the applicant's sons had been shown.
33. On an unspecified date the investigators questioned the applicant's neighbour Ms N.U. who provided a statement similar to the one given by Ms A.Ak.
34. On an unspecified date the investigators questioned the applicant's neighbour Mr A.T. who stated that at about 10 a.m. on 3 January 2003 he had heard screams coming from the applicant's house and the noise of a vehicle driving down the street. He had immediately gone to the applicant's house where he had been told that armed men had taken away Vakhit Dzhabrailov.
35. According to the Government, the investigators also questioned witnesses Ms T.M. and Ms Z.D. whose statements had not provided any significant information for the investigation.
36. On an unspecified date the investigators conducted the crime scene examination at the applicant's house. Nothing was collected from the scene.
37. Further, on unspecified dates the investigators forwarded a number of requests to competent authorities, including various district departments of the interior and district prosecutor's offices in Chechnya, the Shali department of the Federal Security Service (the FSB), the military commander of the United Group Alignment in the Northern Caucasus (the UGA), the military prosecutor of military unit No. 20116, the Chechnya Ministry of the Interior (the Chechnya MVD) and the Federal Department of Execution of Punishment in Kabardino-Balkaria. According to the responses received from the agencies, they had not conducted any special operations on 3 January 2003 in Shali and did not have any information about Vakhit Dzhabrailov.
38. The Government also submitted that on an unspecified date the investigators had forwarded

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