Постановление Европейского суда по правам человека от 23.07.2009 «Дело Муцаева (Mutsayeva) против России» [англ.]

the situation and told him that B. Mairbek's car was on the wanted list, that Khizir should not have got into the car and that nothing could be done to assist the applicant and her husband in attempting to have their son released.
16. On 28 August 2001 the applicant's husband contacted the former Mayor of Grozny, Mr M., who went with him to the VOVD. An investigator from the department acknowledged that Khizir Tepsurkayev had been detained by the department and that he "would need to work with him".
17. Each day for two months, from morning until evening, the applicant and her husband waited for their son at the entrance to the VOVD. They asked everyone who entered or left the building about Khizir Tepsurkayev. Some of those who had also been detained during the special operation on 27 August 2001 and had been released later on, including the applicant's neighbour, told the applicant and her husband that they had heard the police mention the surname of Khizir Tepsurkayev in the halls of the VOVD.

2. Information submitted by the Government

18. The Government did not challenge most of the facts as presented by the applicant. According to their observations of 3 July 2008 "...the Urus-Martan district prosecutor's office opened criminal case No. 61008 in connection with the abduction in Urus-Martan of Kh. Tepsurkayev. The case was opened under Article 126 § 1 of the Criminal Code upon receipt of information from the office of the Envoy of the President of the Russian Federation for Ensuring Human Rights and Freedoms in the Chechen Republic..."

B. The official investigation into the disappearance

1. Information submitted by the applicant

19. Since 27 August 2001 the applicant and her husband have contacted, both in person and in writing, various official bodies, such as the Envoy of the President of the Russian Federation for Ensuring Human Rights and Freedoms in the Chechen Republic, the Urus-Martan District administration, the Chechen administration, a member of the Russian State Duma, military commanders' offices and prosecutors' offices at different levels, and detention centres in Chechnya and other regions of the Russian Federation, describing in detail the circumstances of their son's abduction and asking for help in establishing his whereabouts. The applicant retained copies of a number of those letters and submitted them to the Court.
20. On the morning of 27 August 2001 the applicant and her husband went in person to the VOVD with a complaint about their son's detention. It appears that on the same day Mr A. Ruslanbek and Mr A. Alvi reported Khizir Tepsurkayev's removal to their superiors.
21. On 1 September 2001 the applicant's husband wrote to the Urus-Martan District prosecutor's office ("the district prosecutor's office") with a request for assistance in finding his son. He described the circumstances of his son's removal by security forces and stated that his son had been taken away in a military UAZ car to the VOVD.
22. On 3 September 2001 the applicant's husband wrote to the military commander's office of the Urus-Martan District ("the district military commander's office") with a request for assistance in finding his son. He described the circumstances of his son's abduction and stated that his son had been taken away in a military UAZ car to the VOVD.
23. On 8 September 2001 the district prosecutor's office forwarded the request of the applicant's husband to the military prosecutor in Moscow.
24. On 25 January 2002 the district prosecutor's office instituted an investigation into the disappearance of Khizir Tepsurkayev under Article 126 § 1 of the Criminal Code of the Russian Federation (kidnapping) (from the submitted documents it appears tha

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