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

checked documents. Some servicemen of the department of the interior of Argun had told him that servicemen of special task force unit No. 34 could have been involved in the crime. At some point Mr Elmarzayev added that he had heard rumours that his sons had been kidnapped by a task force unit of the Ministry of the Interior under the command of Lieutenant-Colonel P. of the Khankala base.
32. The damage to the applicants' house was estimated at 147,113 Russian roubles.
33. On 29 February 2004 the first applicant lodged his civil claims in the criminal case concerning the damage to his house with the town prosecutor's office. On the same date he was granted civil plaintiff's status.
34. The investigators requested information on the kidnapping of Idris Gakiyev and the Elmarzayev brothers from law-enforcement agencies of the Chechen Republic. According to the replies received, no special operations had been carried out in Argun on 10 April 2003 and the three men had not been prosecuted for or suspected of participation in illegal armed groups.
35. The head of the Chechen FSB informed the investigators that Idris Gakiyev and the Elmarzayev brothers had participated in the State Duma elections on 7 December 2003 as they had signed the election register.
36. Servicemen of the task force unit of the town of Zlatoust, the Chelyabinsk Region, who had been on mission in Argun in November and December 2003, were questioned and stated that they knew nothing about the kidnapping of the residents of Argun on 30 November 2003.

C. Discovery of Idris Gakiyev's dead body

1. The applicants' account

37. At about 10.30 a.m. on 29 March 2004 unidentified corpses showing signs of violent death were found in a pit in the vicinity of a half-demolished nursery at Sapernaya Street in Grozny.
38. One of the corpses, referred to as "dead body No. 2", was in a camouflage uniform, a sailor's long-sleeve shirt and running shoes. The head was covered with a plastic bag and a sack; a piece of wire was wrapped round the neck. The first applicant identified the body as that of Idris Gakiyev.
39. Between 1 and 30 April 2004 the expert of the forensic bureau of Mozdok carried out a port-mortem examination of Idris Gakiyev's corpse. He established that the death had been caused by mechanical asphyxia and had occurred some three to nine days before the beginning of the autopsy.
40. On 15 June 2004 the Argun Town Polyclinic issued a medical certificate concerning Idris Gakiyev's death.
41. On 16 June 2004 the Agrun Town Registry Office issued a certificate in respect of Idris Gakiyev, according to which the violent death had occurred on 22 March 2004.

2. Information submitted by the Government

42. At about 10.30 a.m. on 29 March 2004 three dead bodies were discovered in a pit near a demolished kindergarten at Sapernaya Street in Grozny.

D. Official investigation into Idris Gakiyev's
kidnapping and killing

1. The applicants' account

43. On 8 April 2004 the district prosecutor's office issued a certificate confirming that on 29 March 2004 three dead bodies showing signs of violent death, including that of Idris Gakiyev, had been discovered in Grozny.
44. On 8 April 2004 the district prosecutor's office granted the first applicant victim status in case No. 32027 on the ground that he had sustained non-pecuniary damage caused by his son's violent death. On the same date the first applicant was notified of that decision.
45. On 22 April 2004 the Temporary Operational Group of the Russian Ministry of the Interior informed the second applicant that they had carried out an inquiry and established that the investigation into Idr

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