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

49. On 5 August 2004 the prosecutor's office of the Chechen Republic quashed the decision of 23 April 2004 and ordered the district prosecutor's office to institute an investigation into Marvan Idalov's abduction under Article 126 § 2 of the Russian Criminal Code (aggravated kidnapping).
50. On 20 December 2004 the second applicant was granted victim status and questioned. He submitted that Marvan Idalov had been kidnapped on 22 November 2002 by unknown persons in masks.
51. On 26 January 2005 the first applicant was granted victim status and questioned. She made a statement similar to that by her husband.
52. The investigators requested information from law-enforcement agencies of the Chechen Republic and were told in reply that Marvan Idalov had not been arrested, prosecuted or held in any detention facilities and that no special operations had been carried out in Akhkinchu-Borzoy on 22 November 2002.
53. The Idalovs' relatives and neighbours were questioned in the course of the investigation and submitted that they had no information concerning the circumstances of Marvan Idalov's kidnapping.
54. On 15 February 2005 the district prosecutor's office suspended the investigation in case No. 44034 concerning the kidnapping of Marvan Idalov on 22 November 2002 on account of the failure to identify those responsible and notified the applicants accordingly.
55. On 21 May 2005 the district prosecutor's office resumed the investigation in case No. 44034 and notified the applicants accordingly.
56. The investigation in case No. 44034 was suspended on 21 June 2005 and then resumed on 15 October 2005.
57. On 15 November 2005 the district prosecutor's office again suspended the investigation.
58. On 30 August 2007 the district prosecutor's office resumed the investigation in case No. 44034.
59. The Government submitted a copy of an undated document entitled "Explanation", signed with the name of the first applicant and addressed to the prosecutor's office of the Chechen Republic. The document stated that in May 2000 a group of servicemen had found bags with firearms and ammunition in a cemetery in Akhkinchu-Borzoy near the Idalovs' house. The first applicant had been detained for questioning for some time. Then she had found out that her son Vakhid had been killed in unknown circumstances. In December 2000 her son Alikhan had gone to the forest with insurgents. Two or three months later he had returned home and started hiding from the authorities. Then he had tried to flee the country and to go to Turkey. The first applicant had no information on his whereabouts. He might have been arrested by federal servicemen. At about 5.30 a.m. on 22 November 2002 the first applicant had seen an APC, an IBV and a vehicle fitted with an anti-aircraft gun arriving at her house. Around ten armed men had entered the house; all the men but one had been wearing masks, and the unmasked man was tall and had red hair. The armed men had taken away Marvan Idalov. The first applicant had told of the kidnapping to officials of the district prosecutor's office whom she had seen on the VOVD premises.
60. The investigation failed to identify the perpetrators. The involvement of federal troops in the kidnapping was not proven. The investigation was suspended several times owing to the failure to identify those responsible and was then resumed in order to verify certain items of information. It was pending under the supervision of the Russian Prosecutor General's Office.
61. Despite specific requests by the Court, the Government did not disclose most of the contents of the file in criminal case No. 44034, providing only copies of the first applicant's "explanation", several witnesses' interviews, decisions to grant the applicants victim status and a few notifications to the a

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