Постановление Европейского суда по правам человека от 29.10.2009 «Дело Сатабаева (Satabayeva) против России» [англ.]

arch 2000 the applicant visited this detention facility and, although she was not allowed to see him in person, she received his message confirming receipt of her parcel. The applicant then remained in Chernokozovo and regularly sent parcels to her son, each time receiving confirmation of their receipt.
10. In mid-July 2000 legal counsel hired by the applicant, Ms T., visited Yusup Satabayev in the detention facility and ascertained that he was in good health.
11. On 27 July 2000 the criminal proceedings against Yusup Satabayev were discontinued on the following grounds:
"[Yusup Satabayev] has acknowledged having participated in illegal organised gangs, is aware of being guilty of the [criminal offences he is charged with], he is liable to the maximum sanction of five years of imprisonment..., has voluntarily surrendered [his weapon] and indicated the place where paramilitaries' arms were hidden, and thus should be absolved of criminal liability [for dealing in firearms]; he has not caused any damage to the Armed Forces of the Russian Federation, has no previous criminal record, and has a permanent place of residence, [he is] characterised positively, has voluntarily quit the illegal paramilitary groups, and has therefore ceased to pose a public danger."
12. Yusup Satabayev was notified of this decision on the same day and he signed the last page of it, as required by law. His release was due on the same day but he remained in custody.
13. The applicant was not aware that the criminal proceedings against her son had been discontinued.
14. On 28 July 2000 the applicant's legal counsel, T., discovered that Yusup Satabayev had been transferred to the detention facility of the UrusMartan temporary Department of the Interior of the Chechen Republic (VOVD) (Урус-Мартановский временный отдел внутренних дел Чеченской республики). The applicant went to Urus-Martan and met investigator O., who was in charge of the criminal case against Yusup Satabayev. He explained that Yusup Satabayev would be detained for another ten days and would then be released. He did not inform her that the criminal case had been discontinued.
15. On the same day the applicant sent a parcel to her son in the detention facility and he confirmed its receipt as usual. Over the following days the applicant routinely spent all the time outside the curfew hours in front of the detention facility, waiting for her son's release. She regularly sent parcels and received confirmations of receipt, and sometimes short notes which he wrote on the receipt form. On 1 August 2000 she met the families of other detainees, Kazbek Vakhayev (Vakhayeva and Others v. Russia, application No. 1758/04) and Mr G., who had been arrested earlier that day. From that day onwards they too were regularly in front of the detention facility.
16. On 1 - 2 August 2000 the applicant sent her son a parcel with a pair of shoes, trousers, and a shirt. He sent her back his used clothes, namely a black jumper, socks, winter shoes and a towel.
17. On 4 August 2000 the applicant visited investigator O. and asked him when her son would be released. He informed her that criminal proceedings against him had been discontinued on 27 July 2000. She then asked him on what grounds Yusup Satabayev was being kept in detention, but O. only said that it "had to be done this way".
18. On 9 August 2000 the applicant met Ms Ch., whose son had been arrested that day, in front of the detention facility.
19. On 13 August 2000 the applicant saw the family of Kazbek Vakhayev submitting a parcel which was then returned to them, on the ground that he was no longer in the facility.
20. At about 2 p.m. on the same day the applicant sent a parcel to her son, but the officer did not give her confirmation of its receipt. At her request he went to get the receipt but did not return.
21. On th

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