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Постановление Европейского суда по правам человека от 09.04.2009 «Дело Докаев и другие (Dokayev and others) против России» [англ.]





applicants. According to their submission, "at about 2 a.m. on 10 December 2002 unidentified armed persons entered the house at 37 Zabolotnogo Street in Grozny, where, threatening murder, they kidnapped Isa Dokayev and the employees of the Oktyabrskiy ROVD Isa Dubayev and Ruslan Askhabov and [also] took away their service guns".

B. The search for Ruslan Askhabov,
Isa Dubayev and Isa Dokayev and the investigation

1. The applicants' account

17. Since 10 December 2002 the applicants have repeatedly applied in person and in writing to various public bodies. They have been supported in their efforts by their representatives. In their letters to the authorities the applicants referred to their relatives' detention and asked for assistance and details of the investigation. The applicants submitted some of the letters to the authorities and their replies to the Court. These documents are summarised below.
18. At about 8 a.m. on 10 December 2002, at the applicants' request, representatives of the ROVD visited Isa Dokayev's house. They collected cartridge cases left from the shooting.
19. On 16 December 2002 the Grozny town prosecutor's office ("the town prosecutor's office") instituted an investigation into the disappearance of Ruslan Askhabov, Isa Dubayev and Isa Dokayev under Article 126 § 2 of the Criminal Code of the Russian Federation (aggravated kidnapping). The case file was assigned number 52161. In the documents submitted to the Court by the applicants the criminal case file is also referred to under the numbers 52158, 40084 and 19045.
20. On 8 January 2003 the town prosecutor's office granted Isa Dokayev's brother, Mr M. D., victim status in criminal case No. 52161.
21. On 18 January 2003 the ROVD informed Mrs B.A., a relative of Ruslan Askhabov, that the town prosecutor's office had initiated an investigation into the abduction of Ruslan Askhabov and that the search for him was under way.
22. On 6 April 2003 the seventh and eleventh applicants wrote to the military commander's office of the Oktyabrskiy district of Grozny ("the district military commander's office") requesting assistance in the search for their abducted relatives. The applicants stated that their relatives had been abducted by five military servicemen in white camouflage uniforms who spoke Russian without an accent.
23. On 17 June 2003 the military prosecutor's office of the United Group Alignment (the military prosecutor's office of the UGA) forwarded the seventh applicant's request for assistance to the military prosecutor's office of military unit No. 20102.
24. On 7 July 2003 the military prosecutor's office of military unit No. 20102 informed the military prosecutor's office of the UGA that the investigation in criminal case No. 52158 had not established the involvement of Russian military servicemen in the abduction of Ruslan Askhabov, Isa Dubayev and Isa Dokayev.
25. On 16 July 2003 the seventh applicant again wrote to the military prosecutor's office of the UGA with a request for assistance in the search for Ruslan Askhabov and Isa Dubayev. In her letter she stated that the abduction had been carried out by five men in camouflage uniforms.
26. On 22 July 2003 the military prosecutor's office of the UGA informed the tenth applicant that his request concerning the search for Isa Dubayev had been forwarded for examination to the military prosecutor's office of military unit No. 20102. The letter also stated that the military prosecutor would investigate the possible involvement of Russian military servicemen in the abduction of Isa Dubayev.
27. On 5 September 2003 the military prosecutor's office of military unit No. 20102 informed the tenth applicant that the investigation in cas



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