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





hat it had not been established that federal military personnel were implicated in the kidnapping of Khasan Yusupov. The case was accordingly transmitted to the prosecutor of the Chechen Republic (the Chechnya Prosecutor's Office).
21. On 1 December 2003 the investigator of the Achkhoy-Martan district police department (ROVD) opened criminal proceedings (No. 44690) in accordance with Article 105 part 2 (a) of the Criminal Code on account of murder committed by unknown perpetrators. On 2 December 2003 the first applicant was granted victim status in these proceedings.
22. On 20 December 2003 the Chechnya Prosecutor's Office ordered the Achkhoy-Martan district prosecutor to conduct certain specific investigations in the case.
23. On 24 December 2003 the case was sent to the Grozny district prosecutor's office.
24. On 5 January 2003 the military prosecutor's office of the United Group Alliance (UGA) informed the applicants that case No. 34/33/0645-02 had been remitted to the unit's military prosecutor for further investigation.
25. On 30 March 2004 the unit military prosecutor informed the applicants that the case had been transmitted once more to the Chechnya Prosecutor's Office.
26. On 20 July 2004 the investigation of the criminal case No. 14/33/0645-02D was reopened by the unit's military prosecutor's office. On 20 August 2004 that office informed the applicants that no positive result had been achieved in the investigation, but did not specify if the investigation had been pending or adjourned.
27. On 25 August 2004 the SRJI, acting on the applicants' behalf, asked the district prosecutor's office to provide them with an update on the investigation. In particular, they asked the prosecutor to inform them and the applicants whether criminal case No. 44690 was still with that office, whether the proceedings were pending or adjourned and whether the previous set of instructions of the supervising prosecutor of 20 December 2003 had been carried out.
28. On 10 October 2004 the district prosecutor's office responded to the applicants and the SRJI that the investigation had been transferred to the Grozny district prosecutor's office on 24 December 2003.
29. Following another letter from the SRJI, on 11 December 2004 the Grozny district prosecutor's office submitted that the investigation in the criminal case No. 44690 had been pending with their office since 1 February 2004. It had failed to establish that Khasan Yusupov and three other men had been killed.
30. The first applicant submitted that at the end of 2004 Ibragim B., deputy military commander of the district, had brought them 10,500 roubles (RUB) and explained that this was Khasan Yusupov's salary for three months. In spring 2005 the second applicant received RUB 43,000 at the district military commander's office, for which she had signed a pay cheque. The servicemen of the military commander's office told her that it was Khasan Yusupov's salary for one year.
31. On 17 March 2005 the Grozny district prosecutor's office informed the first applicant, without indicating the date of the decision, that the investigation had been adjourned for failure to identify the persons against whom charges must be brought (Article 208, part 1, paragraph 1 of the Code of Criminal Procedure).
32. On 2 November 2005 the SRJI again requested information about the progress of the investigation from the Grozny district prosecutor's office.
33. On 3 March 2008 an investigator of the Grozny department of the Investigative Committee of the General Prosecutor's Office informed the first applicant that on the same day proceedings in case No. 44690, in which she had been granted victim status, had been reopened and that their office was carrying out the investigation.




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