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Постановление Европейского суда по правам человека от 05.02.2009 «Дело Идалова и Идалов (Idalova and Idalov) против России» [англ.]





e of unit No. 20102 information on Marvan Idalov's kidnapping as requested by the prosecutor's office of unit No. 20116.
35. On 1 June 2005 the prosecutor's office of unit No. 20119 forwarded the SRJI's letter to the prosecutor's office of unit No. 20116.
36. On 9 August 2005 the prosecutor's office of unit No. 20102 informed the SRJI that there was no evidence of the implication of military personnel in the crime and that the investigation should therefore be carried out by a civilian prosecutor's office.
37. On 15 August 2005 the SRJI requested the district prosecutor's office, the prosecutor's office of the Chechen Republic and the prosecutor's office of unit No. 20116 to inform it of the state of the proceedings instituted in relation to Marvan Idalov's kidnapping.
38. On 5 October 2005 the prosecutor's office of the Chechen Republic informed the SRJI that the first applicant had been granted victim status and that she would be updated on progress in the investigation.
39. On 2 August 2007 the Ministry of the Interior of the Chechen Republic forwarded the applicants' letter dated 25 July 2007 to the ROVD and requested it to search for Marvan Idalov and his kidnappers more actively and to inform the applicants of measures taken.
40. On 17 August 2007 the ROVD informed the applicants that the investigation into the kidnapping of Marvan and Alikhan Idalov in case No. 44034 had been commenced on 5 August 2004 and that investigative measures were being taken to solve the crime.
41. On 30 August 2007 the district prosecutor's office informed the applicants that the investigation into the kidnapping of Marvan Idalov had been resumed on 30 September 2007.

2. Information submitted by the Government

42. On 13 December 2003 the district prosecutor's office received a complaint by the first applicant dated 29 August 2003 and addressed to the Administration of the President of Russia. According to the complaint, on an unspecified date during the month of Sawm unidentified men wearing camouflage uniforms and masks had entered the Idalovs' house in the village of Akhkinchu-Borzoy and kidnapped Marvan Idalov.
43. On 18 December 2003 the district prosecutor's office ordered the ROVD to ensure the first applicant's appearance before the investigators, to collect depositions by her relatives and to examine the scene of the incident.
44. Later the ROVD reported that the first applicant's whereabouts were unknown and that her neighbours had no information concerning the merits of her complaint.
45. On 23 January 2004 the district prosecutor's office informed the prosecutor's office of the Chechen Republic that it was impossible to give a decision on the first applicant's complaint owing to the failure to establish her whereabouts or to find any evidence of the facts complained of.
46. On an unspecified date the temporary department of the interior of the Kurchaloy District ("VOVD") informed the district prosecutor's office of the following. They had established that Vakhid and Alikhan Idalov had been active members of illegal armed groups and that Marvan Idalov had been an accomplice of insurgents. Vakhid Idalov had been killed in June 2000 in a fight with federal servicemen. Alikhan and Marvan Idalov had not been arrested by the VOVD servicemen and had been hiding from the federal authorities.
47. Several residents of Akhkinchu-Borzoy informed the investigation that three of the first applicant's sons had been involved in unlawful activities of illegal armed groups.
48. On 23 April 2004 the district prosecutor's office decided on the basis of the inquiry's results to refuse to institute criminal proceedings in the absence of any crime.




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