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





he applicants addressed State authorities primarily in person, hoping for an immediate release of their relatives.
16. In the end of September 2000 (in the submitted documents the date was also stated as October 2001) a young Chechen man came to the fourth applicant's house. He did not introduce himself. He told her that he had seen Anvar Shaipov at the headquarters of infantry regiment No. 245 of the West group of the Russian federal forces. Anvar Shaipov had been chopping firewood. He had told the man that he had been arrested by Russian military servicemen and asked him to inform his relatives that he had been detained at the headquarters of infantry regiment No. 245 of the West group. The young man said he had never heard of Magomed-Ali Abayev.
17. Since the end of September 2000 the applicants have had no news of their disappeared relatives.

2. Information submitted by the Government

18. The Government did not challenge most of the facts as presented by the applicants. According to their submission, "...on 15 August 2002 M.A. Shaipova complained to the Urus-Martan district prosecutor's office that between 4 p.m. and 5 p.m. on 13 September 2000 her son Anvar Shaipov was abducted by identified men in civilian clothing next to the former Siluet clothing factory in Lenin Street, Urus-Martan... on 15 December 2000 a similar complaint was received by the Urus-Martan district prosecutor's office from A. Abayeva...".

B. The search for Magomed-Ali Abayev and Anvar Shaipov
and the investigation

1. Information submitted by the applicants

19. From 13 September 2000 onwards the applicants repeatedly applied in person and in writing to various public bodies. They have been supported in their efforts by the Memorial NGO. In their letters to the authorities the applicants referred to their relatives' arrest and asked for assistance and details of the investigation. Mostly these enquiries have remained unanswered, or purely formal replies have been given in which the applicants' requests have been forwarded to various prosecutors' offices. The applicants submitted some of their letters and the authorities' replies to the Court; these documents are summarised below.
20. On 26 and 29 September 2000 the fourth applicant complained to the Urus-Martan district prosecutor's office (the district prosecutor's office) about her son's abduction. She described the circumstances of his arrest and requested assistance in searching for him. She also stated that her son had been seen in the village of Tangi-Chu, on the premises of infantry regiment No. 245 of the West group of federal forces.
21. On 1 October 2000 the district prosecutor's office forwarded the fourth applicant's complaint to the Urus-Martan district department of the interior (the ROVD) and requested them to open an operational-search file to establish the whereabouts of Anvar Shaipov.
22. On 19 November 2000 the district prosecutor's office informed the first applicant that Magomed-Ali Abayev and Anvar Shaipov had not been detained at the headquarters of infantry regiment No. 245.
23. On 27 November 2000 the fourth applicant wrote to the ROVD. She described the circumstances of her son's arrest and stated that he had been seen in the village of Tangi-Chu, at the headquarters of infantry regiment No. 245 of the West group of Russian federal forces.
24. On 21 August 2001 the Prosecutor General's office informed the first applicant that her request for assistance in the search for her son had been forwarded to the Chechnya prosecutor's office.
25. On 21 September 2001 the district prosecutor's office forwarded the first applicant's complaint to the ROVD.
26. On 1 October 2001 the first applicant com



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