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





gust 2004 the applicant lodged a written complaint with the Sunzhensky ROVD about the abduction of her husband. She was informed by the ROVD officers that they were not aware of his fate after he had been taken to the FSB office in Magas.
19. On 4 August 2004 the applicant again went with her relatives to the ROVD office to inquire about her husband and talked to officer A.B., whom she had seen take part in the operation at issue. He gave them no information, but insulted the applicant and her sister-in-law using obscene language. The incident was interrupted by another officer, A.G., who had also taken part in the operation. The latter informed the applicant, after a telephone call to the FSB office in Magas, that Sultan Khatuyev was still being detained there. A.G. promised to find out the reasons for his detention, but failed to provide any further information in response to the applicant's subsequent telephone calls.
20. On 6 August and 9 August 2004 the applicant complained to the Sunzhensky District Prosecutor's Office (hereafter "the district prosecutor's office") about the abduction of her husband and demanding an investigation into the matter.
21. By a letter of 9 August 2004 the FSB office of Ingushetia informed the applicant that they had no information about Sultan Khatuyev's apprehension and whereabouts.
22. On 12 August 2004 the applicant requested the Minister of the Interior of Ingushetia to identify the servicemen involved in the abduction of her husband.
23. On 19 August 2004 the applicant wrote to the district prosecutor's office and submitted additional details of her husband's disappearance.
24. On 20 August 2004 the District Prosecutor's Office opened a criminal investigation (case file No. 04600054) into Sultan Khatuyev's kidnapping under Article 126, part 1, of the Criminal Code. The applicant was informed thereof by letters of 31 August and 8 September 2004.
25. In September 2004 the applicant received a reply from the acting Minister of the Interior of Ingushetia. The letter stated that on 2 August 2004 eight persons, including Sultan Khatuyev, had been apprehended during an operation carried out jointly by the FSB Department for Ingushetia and the special forces of the Ingush Ministry of the Interior (OMON) with a view to identifying and arresting persons involved in illegal armed groups. The Minister also confirmed that four of those persons had been released, while four others, including Sultan Khatuyev, had been relocated pursuant to the orders of the head of the FSB group Mr M.Ye. The Minister indicated that the investigation to find out Sultan Khatuyev's whereabouts was under way.
26. On various dates in October 2004 the applicant again wrote to the district prosecutor's office. She inquired about the progress of the criminal proceedings, requested to be granted victim status and access to the case file and to question the six witnesses who had been apprehended together with her husband. The prosecutor's office replied on 1 November 2004 and confirmed that four persons including Sultan Khatuyev had been taken to the ROVD and subsequently transferred to the FSB office in Magas and that Sultan Khatuyev's whereabouts were still not known.
27. On 4 November 2004 the applicant asked the district prosecutor to bring criminal charges against the persons involved in the abduction of her husband. She again requested access to the criminal case file. She also asked specifically for the other men who had been apprehended on the same day and the officials involved, including the ROVD officers who had arrested her husband and the FSB officer M.Ye., who had ordered his transfer to the Magas FSB Department, to be questioned.
28. The applicant received no response to these requests. In reply to her subsequent requests the prosecutor's office indicat



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