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Постановление Европейского суда по правам человека от 05.02.2009 «Дело Хайдаева и другие (Khaydayeva and others) против России» [англ.]





etention centre of the Shalinskiy VOVD. They went there on 9 June 2002 after their relatives had been apprehended, but their relatives were not there. They then applied to the Shalinskiy district prosecutor's office seeking to have a criminal investigation instituted. The applicants applied in writing and in person to numerous State authorities, seeking to establish their relatives' whereabouts. It appears that they first applied in writing on 18 June 2002. Copies of the applications were submitted to the Court.
24. On 18 June 2002 the Shalinskiy district prosecutor's office instituted a criminal investigation into the abduction. It appears that initially the case file was given the number 59117, which was later changed to 34/33/0252-03 and then to 34/33/0013-03. At some stage it may have been given the number 69117.
25. On 16 July 2002 the Northern Caucasus Department of the Ministry of the Interior informed the military prosecutor's office of the Northern Caucasus Military District that on 9 June 2002 certain units of the Interior Ministry troops had been involved in a special operation in Duba-Yurt. The units' task had been to seal off the districts where the operation was being conducted and to provide cover for the officers of the local Departments of the Interior. Apprehending persons had not been the task of the Interior Ministry troops. Accordingly, they had not apprehended the applicants' relatives and had no information concerning their whereabouts.
26. On 24 July 2002 the FSB informed the third applicant that, according to the results of the investigation that had been carried out, neither Mr Adlan Khatuyev nor Mr Aslan Khatuyev was among the persons apprehended by the federal forces. The FSB had no information concerning their whereabouts.
27. On 26 July 2002 the military prosecutor's office of the Northern Caucasus Military District informed the third applicant that neither Mr Adlan Khatuyev nor Mr Aslan Khatuyev had been apprehended by servicemen of the Ministry of Defence, the FSB or the Interior Ministry troops. On 18 June 2002 the Shalinskiy district prosecutor's office instituted criminal investigation No. 59117 into the abduction of the applicant's sons by unidentified persons.
28. On 18 August 2002 the Shalinskiy district prosecutor's office informed the first and fourth applicants that the preliminary investigation in case No. 59117 had been suspended because the person to be charged had not been identified.
29. On 20 August 2002 the fifth applicant was granted the status of victim in the criminal proceedings.
30. On 26 September 2002 the Administration of Duba-Yurt issued the first, third and seventh applicants with certificates stating that Mr Suliman Malikov, Mr Aslan Khatuyev, Mr Adlan Khatuyev, Mr Sayd-Salu Akhmatov and Mr Mansur Ismailov had been apprehended on 9 June 2002 at checkpoint No. 113 in the course of a special operation conducted in Duba-Yurt, and had been taken away by unidentified servicemen.
31. On 21 November 2002, following a complaint by the applicants that the investigation had not been thorough, the Prosecutor's Office of the Chechen Republic quashed the decision to suspend the investigation and remitted the case to the Shalinskiy district prosecutor's office.
32. On 23 November 2002 Colonel G. of the FSB department in military unit No. 6732 issued certificate No. 407 to the effect that Mr Suliman Malikov, Mr Adlan Khatuyev, Mr Aslan Khatuyev, Mr Sayd-Salu Akhmatov and Mr Mansur Ismailov had been members of an illegal armed group and, according to information subject to further verification, had died as a result of the explosion of an unidentified makeshift explosive device.
33. On 20 December 2002 the Shalinskiy district prosecutor's office resumed the investigation.
34. On 27 December 2002 the acting head of



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