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





is Gakiyev's kidnapping in case No. 26075 had been opened on 6 December 2003 by the town prosecutor's office. They commented that the police had no further information on the identities of the perpetrators.
46. On 27 April 2004 the district prosecutor's office issued a certificate confirming that on 29 March 2004 two dead bodies showing signs of violent death, including that of Idris Gakiyev, had been discovered in Grozny.
47. On 28 April 2004 the town prosecutor's office forwarded criminal case No. 26075 to the district prosecutor's office pursuant to the territorial jurisdiction rules.
48. On 2 July 2004 the prosecutor's office of the Chechen Republic informed the second applicant that the case file concerning Idris Gakiyev's kidnapping had been transferred to the district prosecutor's office following the discovery of his dead body and that investigative measures were being taken to establish the perpetrators' identities.
49. On 22 October 2004 the SRJI, acting on the applicants' behalf, requested the town prosecutor's office to inform them of progress in the investigation in case No. 26075. On 27 December 2004 the prosecutor's office of the Chechen Republic replied that the investigation into Idris Gakiyev's kidnapping and subsequent killing had been resumed and that investigative measures were being taken to solve the crime.
50. On 2 November 2005 the SRJI requested an update on progress in the investigation from the town prosecutor's office and the prosecutor's office of the Chechen Republic. On 16 November 2005 the town prosecutor's office replied that case file No. 26075 had been transferred to the district prosecutor's office on 28 April 2004.
51. On 28 November 2005 the district prosecutor's office informed the SRJI that criminal case No. 32027 was pending before them. They noted that the case had been instituted following the discovery of five corpses, including that of Idris Gakiyev, in the pit in the Oktyabrskiy District of Grozny, and observed that the investigation had been suspended for failure to identify the perpetrators. They also mentioned that the first applicant had been admitted to the proceedings as a victim.
52. In December 2005 the town prosecutor's office informed the SRJI that case No. 26075 had been transferred to the district prosecutor's office.
53. On 22 December 2005 the applicants' representatives requested the district prosecutor's office to inform them of the progress in the investigation.
54. On 23 January 2006 the district prosecutor's office informed the SRJI that the investigation in case No. 32027 had been suspended on 6 July 2005 for failure to identify those responsible.
55. On 13 March 2008 the first applicant was informed that case No. 32027 had been transferred to the Investigative Committee of the Prosecutor's Office of Russia in the Chechen Republic.

2. Information submitted by the Government

56. On 29 March 2004 the district prosecutor's office instituted an investigation into the murder of three persons under Article 105 § 2 of the Russian Criminal Code in case No. 32027.
57. A witness who had seen the dead bodies in the pit on 28 March 2004 was questioned.
58. On 30 April 2004 post-mortem reports were drawn up in respect of the three unidentified corpses. It was stated that an unidentified person, referred to as "dead body No. 1", had died of asphyxia by a loop round his neck some three to nine days before the expert examination, which had been carried out on 1 April 2004. An unidentified person referred to as "dead body No. 2" had died under the same circumstances. An unidentified person referred to as "dead body No. 3" had died of asphyxia as well but had also suffered an open cranial trauma w



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