Главная страницаZaki.ru законы и право Поиск законов поиск по сайту Каталог документов каталог документов Добавить в избранное добавить сайт Zaki.ru в избранное




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





34. On 3 April 2008 the same office informed the first applicant that on 2 April 2008 the proceedings had been adjourned for failure to identify the perpetrators of the crime. On 8 April 2008 the proceedings were again reopened, of which the first applicant was informed on the following day.
35. The first applicant submitted that as late as March 2004 the weapons belonging to the three servicemen of the military commander's office which they had been carrying on the day of their disappearance had not been recorded as missing or searched for.

2. Information and documents submitted by the Government

36. Further to a request by the Court, the Government produced ninety-two pages of documents from criminal case No. 44690, including witness statements and copies of decisions to suspend and resume the investigation and to grant victim status, as well as notifications to the relatives of the adjournment and reopening of the proceedings.
37. According to these documents and the Government submissions, the criminal investigation into the disappearance of the applicant's relative and three other men was opened on 1 December 2003. It was triggered by the complaints of the relatives of the disappeared persons to the Achkhoy-Martan and Grozny ROVD and the Achkhoy-Martan district prosecutor's office of 20 - 24 November 2003. The investigation file was opened under Article 105 part 2 of the Criminal Code (aggravated murder) and assigned No. 44690. On 9 December 2003 the Achkhoy-Martan ROVD transferred the investigation to the district prosecutor's office.
38. Prior to and immediately after the formal opening of the investigation, between 20 November and 15 December 2003, officers of the Grozny district and Achkhoy-Martan ROVD questioned and collected explanations from eight relatives of the missing men. Four of them, including the first applicant, were granted victim status in the proceedings.
39. Thus, the first applicant was questioned on 20, 21 and 24 November. She explained that in May 2002 her son Khasan Yusupov had been serving at the military commander's office of Achkhoy-Martan as a private. He lived at home with her and with his wife and minor son. On 15 November 2002 he, together with two other servicemen, went to Khankala on the summons of a military prosecutor's office issued in relation to a criminal investigation against A.M. He had been armed with an automatic rifle and a pistol, as well as a complete set of ammunition. He never returned. She mentioned Ibragim B., the brother of Ilyas B., who had last seen the men in front of the military prosecutor's office. When questioned on 21 November 2003 she and Raisa A., the wife of A.A., mentioned unnamed witnesses who had seen two armoured vehicles in front of the checkpoint No. 1 of the Khankala compound. Servicemen from these vehicles had searched Khasan Yusupov and Ilyas B., who had been waiting for A.A. and A.M. in front of the gates.
40. Other relatives of the missing men gave similar statements about the circumstances of their disappearance. They mentioned that investigator L. from the military prosecutor's office, on whose summons their relatives had come to Khankala, had told them that the three men had left his office after 3 p.m. and that the military commander's office where they had served had had no information about their whereabouts after 15 November 2002. The relatives submitted that after 15 November 2002 they had inquired about their missing relatives with various official bodies but had obtained no relevant information. The mother and wife of Ilyas B. also stated that on 16 November 2002 their house was searched by the officers of the Achkhoy-Martan ROVD and on the following day, on 17 November 2002, by servicemen of the criminal police department of the military prosecutor's office from Khankala. In both cases no document



> 1 ... 2 3 4 5 ... 11 12 13

Поделиться:

Опубликовать в своем блоге livejournal.com
0.1816 СЃ