Постановление Европейского суда по правам человека от 08.01.2009 «Дело Закриева и другие (Zakriyeva and others) против России» [англ.]

ile driving a car in the direction of his home village, he was stopped by a group of armed men at a Russian military checkpoint near the village of Aldy. The servicemen ordered Aslanbek Khamzayev to get out of the car and then put him into one of several armoured personnel carriers ("APCs") parked next to the checkpoint. That APC's registration number was covered with mud so that only two figures, "2" and "8", out of three were visible. Then all the APCs drove off in the direction of Grozny.
10. Meanwhile a rumour spread that Russian military units were carrying out a special operation on the outskirts of Grozny. Ms Yu. was concerned for her nephew's safety and drove towards Gekhi to meet him. Near the Aldy checkpoint she encountered a group of women who had witnessed Aslanbek Khamzayev's abduction and told her about it. Ms Yu. drove to Grozny in pursuit of the APCs, which she eventually overtook and followed to the secured courtyard of the military commander's office of the Zavodskoy District of Grozny ("the Zavodskoy military commander's office").
11. Later the same day the applicants visited the Zavodskoy military commander's office and enquired about Aslanbek Khamzayev's whereabouts but received no information.
12. Some eighteen months later the applicants were told by unknown persons that not all of the APCs had arrived at the Zavodskoy military commander's office on 25 July 2002 as one of them had left the group and driven in the direction of the Oktyabrskiy District of Grozny.

2. Information submitted by the Government

13. The Government stated that on 25 June 2002 unidentified persons in camouflage uniforms had kidnapped Aslanbek Khamzayev in the village of Aldy in the Zavodskiy District of Grozny in the Chechen Republic.

B. The search for Aslanbek Khamzayev and the investigation

1. The applicants' account

14. On 28 June 2002 the second applicant wrote to the Memorial Human Rights Centre ("Memorial"), an NGO based in Moscow, informing it that her husband had been arrested by Russian servicemen and asking for its help in searching for him. On the same date lawyers from Memorial wrote to the Grozny prosecutor's office ("the city prosecutor's office") requesting that criminal proceedings be instituted in respect of Aslanbek Khamzayev's disappearance.
15. On 6 August 2002 the city prosecutor's office instituted an investigation into Aslanbek Khamzayev's disappearance under Article 126 § 2 of the Russian Criminal Code (aggravated kidnapping). The case file was assigned number 50115.
16. On 22 August 2002 the city prosecutor's office granted the first applicant victim status in the case.
17. On 6 November 2002 the city prosecutor's office suspended the investigation on the grounds that it had not been possible to identify those responsible for the crime.
18. On 6 March 2003 the first applicant sent a letter to the prosecutor's office of the Chechen Republic with a copy to the Special Envoy of the Russian President in the Chechen Republic for Rights and Freedoms. She said that her son had been arrested by Russian servicemen in the course of a "sweeping" operation in the village of Aldy and taken away in an APC. She requested that the crime be investigated.
19. On 3 June 2003 the Main Military Prosecutor's Office forwarded the first applicant's complaint to the military prosecutor's office of the United Group Alignment ("the UGA prosecutor's office").
20. On 7 July 2003 the prosecutor's office of the Chechen Republic resumed the investigation into Aslanbek Khamzayev's kidnapping and informed the first applicant accordingly. They also invited her to send any further queries to the prosecutor's office of the Zavodskoy D

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