Постановление Европейского суда по правам человека от 08.04.2010 «Дело Умалатов и другие (Umalatov and others) против России» [англ.]

procedural requirements had been found.
22. The first applicant allegedly received this judgment on 12 May 2004 and requested the president of the court to restore the ten-day time-limit for lodging a cassation appeal against the judgment. The applicant's request was dismissed by the district court on 28 June 2004. Following the applicant's appeal, the Supreme Court of the Chechen Republic upheld the latter decision by the district court.

2. Official investigation into Shamad
Durdiyev's disappearance

23. On an unspecified date, the district prosecutor's office opened criminal proceedings (case file No. 65048) on account of Shamad Durdiyev's abduction.
24. On 25 October 2002 the third applicant was granted victim status in those proceedings. The investigator's decision indicated that on 15 October 2002 around 6 a.m. Shamad Durdiyev had gone in his own car in the direction of Grozny where he worked as a driver for the Grozny town prosecutor. On his way he was arrested in the village of Nagornoye by the FSB officers and brought to the FSB office for the Nadterechny district in the village of Znamenskoye. According to statements by unnamed FSB officials quoted by the investigator, Shamad Durdiyev was released on the same date.
25. The third applicant alleged that Shamad Durdiyev's car remained at the office of the FSB in Znamenskoye for several days and was later transferred to the Grozny town prosecutor's office. He also claimed that the FSB had transferred to the Grozny town prosecutor's office a request to dismiss Shamad Durdiyev from service, allegedly written by his son on 14 October 2002. It does not appear that any investigative steps were taken in this direction.
26. At some point the military prosecutor's office also conducted an investigation into Shamad Durdiyev's abduction. On 20 December 2002 the military prosecutor of army unit No. 20111 decided to return the relevant criminal file (No. 34/34/0117-02d) to the district prosecutor's office for further investigation. The military prosecutor found it established that Shamad Durdiyev had been apprehended on 15 October 2002 by the authorities during a joint operation by the district military commander's office, ROVD and FSB, brought to the FSB office in Znamenskoye for questioning and had left the said office in an unknown direction. The military prosecutor concluded that it had not been established that military personnel were responsible for his disappearance.
27. On 24 January 2003 the district prosecutor's office adjourned the criminal proceedings (case file No. 65048) given the failure to identify the persons against whom the charges must be brought. The investigator's decision instructed the Nadterechny ROVD to search for Shamad Durdiyev and for the persons responsible for his disappearance.
28. The third applicant's subsequent complaints and requests to the Chechen prosecutor's office and to the head of the Presidential Administration of Chechnya in connection with his son's disappearance remained without effect.
29. On 29 July 2004 the third applicant complained of unlawful inaction of the investigation authorities before the president of the district court under Article 125 of the Code of Criminal Procedure. On 23 August 2004 the district court dismissed his complaint and found the decision of 24 January 2004 to adjourn the proceedings to be well founded. The applicant did not appeal.

3. Additional information submitted by the Government

30. With reference to the information provided by the Prosecutor General's Office, the Government submitted that the investigations of the abduction of Usman Umalatov and Shamad Durdiyev had failed to solve the crimes. In their observations they also submitted additional info

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