Постановление Европейского суда по правам человека от 23.04.2009 «Дело Гакиев и Гакиева (Gakiyev and Gakiyeva) против России» [англ.]

how managed to get out of the burning house. Later, the fire was extinguished but the house had been demolished by then.
(b) Medical examination of the first applicant
10. The case file contains a medical certificate issued by the Argun Town Hospital on 30 November 2003, which reads as follows:
"... on 29 November 2003 [Khalid Gakiyev] applied to the Argun Town Hospital [for medical assistance] in relation to the bodily injuries inflicted on him.
He was examined by a traumatologist and a neuropathologist and prescribed with the requisite treatment."
11. According to the certificate, the first applicant was diagnosed with a closed craniocerebral injury, cerebral concussion, injuries to the right parietal area, injuries and a bruise to the left cheekbone and orbital area, haemorrhage in the left eye and abrasions on the face, abdomen and hips.

2. Information submitted by the Government

12. At about 2 a.m. on 30 November 2003 unidentified armed persons in camouflage uniforms armed with machine guns and travelling in APCs entered the house at 11 Groznenskiy Lane, Argun, and kidnapped Mr Khuseyn Elmarzayev, born in 1981, and Mr Khaseyn Elmarzayev, born in 1985. Then the same persons drove to the house at 33 the Eighth of March Lane, Argun, and kidnapped Idris Gakiyev. After the kidnappings the perpetrators set both houses on fire.

B. Official investigation into Idris Gakiyev's disappearance

1. The applicants' account

13. After their son's abduction the applicants complained to various State agencies and officials, including the Russian President, the Russian State Duma, the Russian Ombudsman, the Russian Prosecutor General, the President of the Chechen Republic and the local administration. Most of those complaints were forwarded to the prosecutors' offices at different levels.
14. By letter of 2 December 2003 the prosecutor's office of the town of Argun ("the town prosecutor's office") requested the local administration to assess the damage to the applicants' house. They mentioned that "unidentified persons wearing camouflage uniforms and armed with machine guns" had inflicted bodily injuries on the first applicant and had kidnapped his son. On 5 December 2003 the commission formed by the local administration drew up an evaluation report, according to which the applicants' house had been completely demolished and could not be reconstructed.
15. On 6 December 2003 the town prosecutor's office instituted an investigation into the disappearance of Idris Gakiyev and two other inhabitants of Argun under Article 126 § 2 of the Russian Criminal Code ("aggravated kidnapping"). The case file was assigned the number 26075.
16. On 9 January 2004 the town prosecutor's office informed the second applicant that her complaint to the Plenipotentiary Representative of the Russian President in the Southern Federal District had been included in the investigation file. They further commented that the search for Idris Gakiyev, although fruitless so far, was under way.
17. On 21 January 2004 the prosecutor's office of the Chechen Republic informed the second applicant that investigative measures were being taken to solve Idris Gakiyev's kidnapping and advised her to send further queries to the town prosecutor's office.
18. On 23 January 2004 the Chechen Department of the Federal Security Service ("the Chechen FSB") informed the second applicant that they were taking requisite measures to find Idris Gakiyev's kidnappers.
19. On 30 January 2004 the prosecutor's office of the Chechen Republic forwarded the second applicant's complaint to the town prosecutor's office and ordered that the search for Idris Gakiyev be pursued actively.
20. On 1 March 2004

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