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Постановление Европейского суда по правам человека от 23.04.2009 «Дело Исраилова и другие (Israilova and others) против России» [англ.]





rosecutor's office instituted an investigation into the abduction of A.S., Adlan Dovtayev, Sharpuddin Israilov and others under Articles 126 § 2 and 162 § 2 of the Russian Criminal Code in case No. 30002.
69. On 4 January 2003 the unit prosecutor's office instituted an investigation into the murder of R.Ya. under Article 105 § 1 of the Russian Criminal Code in case No. 34/33/0008-03. After some urgent investigative measures had been taken, the case was transferred to the district prosecutor's office and joined to case No. 30002.
70. In the course of the investigation M.A. identified and showed to the investigating officers the area inside the post occupied by military units of the Khankala garrison where he had been kept on 30 December 2002 together with the other detainees.
71. In June 2003 case No. 30002 was transferred from the district prosecutor's office to the UGA prosecutor's office for verification of the hypothesis of federal servicemen's involvement in the events.
72. On 21 June 2003 case No. 30002 was accepted for investigation by the UGA prosecutor's office and assigned the number 34/00/0010-03.
73. On an unspecified date the investigators questioned the servicemen who had been on duty in the area indicated by M.A. between 30 and 31 December 2002. Those servicemen stated that no one had been brought to their military unit or kept in its premises. Their military unit had owned no Niva vehicle.
74. The investigators verified whether the detainees could have been kept in other military units but found no unregistered detention facilities.
75. The investigation found cartridges at the crime scene and established the type of firearms from which they had been fired. The cartridges were compared to samples kept in the catalogue of bullets and cartridges; no matches were found.
76. The VAZ-21043 and VAZ-2103 cars were placed on the federal search list.
77. The cause of death of R.Ya. had not been established as his relatives had objected to a post mortem examination.
78. The investigation in case No. 34/00/0010-03, which had so far failed to identify the perpetrators, was ongoing. The implication of any law-enforcement agencies in the crime had not been established.
79. Despite specific requests by the Court the Government did not disclose any documents of the investigation file in case Nos. 30002 and 34/00/0010-03. Relying on the information obtained from the Prosecutor General's Office, 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 the witnesses or other participants in the criminal proceedings.

3. Reports on criminal case
No. 34/00/0010-03 issued on unspecified dates

80. The case file submitted by the applicants contains two undated documents entitled "report on criminal case No. 34/00/0010-03".
81. The first one, a one-page undated report, is signed by an investigator of the UGA prosecutor's office and states that Sharpuddin Israilov was kidnapped by unidentified armed men on 30 December 2002 and that the first applicant was granted victim status. The document also contains the UGA prosecutor's office's request addressed to all law-enforcement agencies that the first applicant be rendered assistance in the search for her son.
82. It is unclear which authority issued the second document, a seven-page undated report. The report states that on 30 December 2002 "unidentified armed persons" apprehended Adlan Dovtayev, Sharpuddin Israilov and seven other men, put them in two APCs and brought them to the "territory of one of the military units of the Khankala garrison". It further state



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