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Постановление Европейского суда по правам человека от 09.04.2009 «Дело Джабраилова (Dzhabrailova) против России» [англ.]





applicant believed that they belonged to the Russian military because they spoke unaccented Russian and could move freely around the village during the curfew.
12. Around ten servicemen entered the house, woke the Dzhabrailovs and, threatening them with their machine guns, forced them to the floor. Then they seized Mr Khanpasha Dzhabrailov's badge of an employee of a local human rights NGO, grabbed the young man and dragged him to the door. When the applicant and her daughter-in-law asked them where they intended to take Mr Khanpasha Dzhabrailov, the servicemen gave no clear answer but shouted at the women, using mostly swear words. They then blindfolded Mr Khanpasha Dzhabrailov and took him away.
13. Ms Raisa Dhzbrailova followed the servicemen and saw them put Mr Khanpasha Dzabrailov into the bus and leave in the direction of Urus-Martan.
(b) The Government's account of events
14. According to the Government, on 10 April 2003 at about 4 a.m. a group of at least ten unidentified persons in masks and camouflage uniforms armed with automatic firearms entered the house at 24 Shamov Street in Goyty village, abducted Mr Khanpasha Dzhabrailov and took him away to an unknown destination.

2. Official investigation

15. On 11 April 2003 the applicant complained in writing about her son's abduction to the military commander's office of the Urus-Martan District.
16. On 27 April 2003 the prosecutor's office of the Urus-Martan District ("the district prosecutor's office") instituted an investigation into Mr Khanpasha Dzhabrailov's disappearance under Article 126 § 2 of the Russian Criminal Code (aggravated kidnapping). The case file was given the number 34051.
17. On 30 April 2003 the prosecutor's office of the Chechen Republic ("the republican prosecutor's office") forwarded the applicant's complaint about her son's disappearance to the district prosecutor's office.
18. On 27 June 2003 the district prosecutor's office stayed the investigation for failure to identify those responsible.
19. On 10 June (or September) 2003 the military commander's office of Urus-Martan District informed the applicant in reply to her complaint of 11 April 2003 (see paragraph 15 above) that they had carried out an internal inquiry which had not established Mr Khanpasha Dzhabrailov's whereabouts or the identities of those who had abducted him. They also assured the applicant that they would continue searching for her son.
20. On 10 September 2003 the district prosecutor's office informed the applicant that they had stayed the investigation in case No. 34051 on 27 June 2003 and advised her that she had the opportunity to appeal against that decision.
21. On 30 September 2003 the department of the interior of Urus-Martan District informed the applicant that since 27 May 2003 they had been carrying out search activities in relation to the kidnapping of Mr Khanpasha Dzhabrailov.
22. On 9 December 2003 the republican prosecutor's office forwarded the applicant's complaint about her son's kidnapping to the district prosecutor's office and ordered them to update her on the outcome of the investigation. On 17 December 2003 the district prosecutor's office replied, without specifying the date, that the investigation into Mr Khanpasha Dzhabrailov's kidnapping had been stayed.
23. On 28 January 2004 the district prosecutor's office informed the applicant that the investigation in case No. 34051 had been suspended and invited her to provide the investigators with any new pieces of relevant information that she might obtain.
24. On 12 July 2004 the republican prosecutor's office informed the applicant that investigative measures were being taken to resolve Mr Khanpasha Dzhabrailov's



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