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Постановление Европейского суда по правам человека от 12.02.2009 «Дело Аюбов (Ayubov) против России» [англ.]





on's disappearance. On several occasions he received copies of letters stating that his requests had been forwarded to the different prosecutors' services.
18. According to the applicant, he had first applied to a prosecutor's office in April 2000.
19. In letters of 10 and 16 June 2000 the prosecutor's office of the Chechen Republic (прокуратура Чеченской Республики - "the republican prosecutor's office") forwarded the applicant's complaints to the Grozny prosecutor's office (прокуратура г. Грозного).
20. On 3 July 2000 the Memorial Human Rights Centre wrote on the applicant's behalf to the republican prosecutor's office. They stated the facts of Adam Ayubov's detention, listed the neighbours who had witnessed it and asked for information about his whereabouts.
21. On 8 August 2000 the Grozny prosecutor's office forwarded the applicant's complaint to the temporary district office of the interior of the Staropromyslovskiy District of Grozny. The letter instructed the district office to "conduct a full and thorough verification of the applicant's complaint, in accordance with Article 109 of the Code of Criminal Procedure" which obliged investigative bodies to verify facts stated in a complaint and to decide within three days whether a criminal investigation should be opened.
22. On 10 August 2000 the republican prosecutor's office forwarded one of the applicant's letters to the Chechen Department of the Interior for "organisation of a search for a missing person" and another to the Grozny prosecutor's office.
23. On 18 January 2001 the Department of Justice of the Republic of Ingushetia, in reply to a request of Adam Ayubov's brother concerning the whereabouts of Adam Ayubov who had been detained by servicemen on 19 January 2000, stated that they had requested the Ministry of Justice to check whether Adam Ayubov was being kept in any detention centre.
24. On 28 March 2001 the applicant's family submitted to the Zavodskoy District Administration of Grozny a request to investigate his son's disappearance, co-signed by eight of his neighbours. The neighbours described Adam Ayubov as a good-natured man who had no links with any illegal groups and who had on many occasions risked his own life to help his neighbours during the hostilities in the winter of 1999 - 00.
25. On the same day the Zavodskoy District Administration wrote to the Memorial Human Rights Centre, asking them to help the applicant to find his son, "who had been taken from his home on 19 January 2000 by the servicemen of the Novosibirsk OMON during a "sweeping" operation.
26. On 6 April 2001 the Memorial Human Rights Centre wrote to the Prosecutor General's Office on the applicant's behalf. Referring to their letter of 3 July 2000, they stated the known facts of Adam Ayubov's detention and summarised the correspondence maintained by the applicant. They enquired whether a criminal investigation had been opened into Adam Ayubov's disappearance, and requested an update on the proceedings. It does not appear that any answer was received to that letter.

3. Official investigation

27. Referring to the information provided by the Prosecutor General's Office, the Government submitted that on 14 November 2000 the Grozny prosecutor's office had instituted a criminal investigation into the abduction of the applicant's son as well as misappropriation and intentional infliction of damage by setting fire to the property of the Ayubov family. The case file was assigned the number 12275.
28. It also appears that at some point the case was transferred to the prosecutor's office of the Zavodskoy District (Заводская районная прокуратура - "district prosecutor's office").
29. According to the Governmen



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