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Постановление Европейского суда по правам человека от 09.07.2009 «Дело Юсупова и другие (Yusupova and others) против России» [англ.]





nal investigation opened against A.M. They travelled in the personal Moskvich-412 car of driver Ilyas B.
9. Until about 2.30 p.m. the servicemen and Ilyas B. were in communication by radio with the military commander's office and with Ibragim B., Ilyas B.'s brother, who was also serving in the district military commandant's office. Then the radio connection was cut.
10. Five days later the first applicant went to the district military commander's office and enquired about Khasan Yusupov. She was told that he and his colleagues had left for an appointment at the military prosecutor's office of Khankala in connection with a criminal case pending against A.M.
11. On the following day the applicants went to the military prosecutor's office in Khankala and met investigator L., who told them that Khasan Yusupov and his colleagues had left his office on 15 November 2002 at around 3 p.m.
12. A taxi driver who had been parked next to the military prosecutor's office on the afternoon of 15 November 2002 told the applicants that Khasan Yusupov and some others had been taken by the authorities late in the afternoon to cars which had left for unknown destinations. However, he refused to make any formal statement in this respect. The applicants are not aware of his identity.
13. It appears that Ilyas B.'s Moskvich-412 car remained in front of checkpoint No. 1 of the Khankala military base until 18 November 2002, when it was collected by his brother, Ibragim B.
14. On 5 or 6 December 2002 a young man told the applicants that he had been detained with Khasan Yusupov in Khankala for three days and that the latter had stayed there. He refused to give any formal testimony or to disclose his identity.
15. The applicants and other relatives of the disappeared men have had no news of them since 15 November 2002.

2. Information submitted by the Government

16. The Government denied that the applicants' relative and three other men had been detained by representatives of the State. They stated that on 15 November 2002 Khasan Yusupov, two other servicemen of the district military commander's office and driver Ilyas B. had gone to Khankala, after which they disappeared. Their whereabouts have not been established so far.

B. The search for Khasan Yusupov and the investigation

1. The applicants' account

17. Since 15 November 2002 the applicants have repeatedly applied in person and in writing to various public bodies. They have been supported in their efforts by the SRJI NGO. In their letters to the authorities the applicants referred to their relative's disappearance and asked for assistance and details of the investigation. The applicants submitted some of the letters to the authorities and the replies to the Court, which are summarised below.
18. In December 2002 (in the Government's submissions this date is indicated as 21 November 2002) the military prosecutor's office of military unit No. 20102 (the unit's military prosecutor's office) opened criminal proceedings (file No. 34/33/0645-02) concerning the disappearance of Khasan Yusupov and his colleagues. It does not appear that the applicants were made aware of this investigation or that any of the relatives of the disappeared men were questioned within this set of proceedings.
19. On 14 January 2003 the applicants were informed that their request for an investigation into Khasan Yusupov's disappearance had been transmitted to the head of Achkhoy-Martan district administration, the district prosecutor, the military prosecutor and the military commandant of the Chechen Republic, with a view to organising the necessary investigation.
20. On 28 November 2003 the unit's military prosecutor informed the applicants t



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