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Постановление Европейского суда по правам человека от 02.07.2009 «Дело Пухигова (Pukhigova) против России» [англ.]





Saint-Petersburg, which had been on mission in Goyty. The commander of the unit, whose name was Yura, had told them that his subordinates had not been involved in Salman Abdulazizov's arrest. On 19 or 20 February 2001 Ms N. and other women had gone to Urus-Martan and heard Salman Abdulazizov's voice coming from the second floor of the building of the Urus-Martan military commander's office. She had recognised the voice because Salman Abdulazizov had always recited prayers to the villagers during religious holidays. He had not participated in illegal armed groups.
41. The investigators also questioned Ms Z., Ms A. and Ms E., who made statements similar to that by Ms N.
42. On an unspecified date Mr D.M. was questioned and stated that on the night of 12 February 2001 he had been at home when ten masked men wearing camouflage uniforms and armed with machine guns had entered his house. The men had checked his identity papers, taken him and his brother Mr V.M. outside and placed them in the Ural vehicle. There had also been two UAZ vehicles parked nearby. Inside the Ural the armed men had blindfolded Mr D.M. and his brother with adhesive tape. When the Ural had stopped, the two brothers had been taken to an unknown place; they had gone up some stairs to get inside. They had been asked whether there were any insurgents in Goyty. For four days Mr D.M. and Mr V.M. had been kept locked in the same room and then released. Mr D.M. had not seen any other detainees in that room except for his brother.
43. On unspecified dates Mr I. and Mr E. were also questioned. They denied that they had seen Salman Abdulazizov after their abduction or heard his voice.
44. On 5 March 2008 the investigators questioned Mr V. He stated that at about 1 a.m. on 12 February 2001 unidentified armed persons had entered his house, taken him outside and put into a Ural vehicle. Mr V. could not see if there were other persons inside the Ural. They travelled for some forty minutes. Then Mr V. was kept in a building for two days and then released.
45. Mr E. was also questioned and made a statement analogous to that by Mr V.
46. The investigation in case No. 25306 was ongoing.
47. Despite specific requests by the Court the Government did not disclose any documents of the investigation file in case No. 25306. The Government stated that the investigation was in progress and that disclosure of the documents would be in violation of Article 161 of the Code of Criminal Procedure, since the file contained information of a military nature and personal data concerning witnesses or other participants in the criminal proceedings.

C. Judicial proceedings against the investigators

48. On 28 April 2003 the applicant lodged a complaint with the Urus-Martan Town Court of the Chechen Republic ("the town court") that the district prosecutor's office was taking no action in the investigation into her husband's kidnapping.
49. On 29 March 2004 the town court observed that the district prosecutor's office had failed to examine the applicant's request of 2 November 2001 properly, and declared that omission unlawful. The remainder of the complaint was dismissed for the reason that the alleged implication of military personnel in the kidnapping had not been proven.
50. On 3 August 2004 the Supreme Court of the Chechen Republic dismissed an appeal by the applicant, finding that military servicemen had not been involved in the kidnapping and that the district prosecutor's office had taken ample investigative measures to solve the crime.

II. Relevant domestic law

51. For a summary of relevant domestic law see Akhmadova and Sadulayeva v. Russia (No. 40464/02, §§ 67 - 69, 10 May 2007).

THE LAW

I. The Government's objection regarding non-ex



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