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





Атаги) issued the applicants with a certificate confirming that Mr Ismail Dzhamayev and nine other residents of Stariye Atagi had been apprehended and taken away by federal military officers between 6 and 11 March 2002 and had then disappeared. The certificate was signed by the acting head of administration of Stariye Atagi and bore an official stamp of the administration. It read, in so far as relevant, as follows:
"[The present] certificate is issued by the local administration of the village Stariye Atagi in respect of written applications by the village's residents, whose children were apprehended and taken for passport check in the period between 6 and 10 March 2002 during the special operation conducted by the federal troops.
The local administration thereby confirms that:
1. The following residents of Stariye Atagi were apprehended by the federal troops and taken to an unknown destination: on 6 March 2002... Dzhamayev Ismail Issayevich, born in 1981...
2. On 13 March 2002 the Grozny Military Prosecutor's Office instituted criminal proceedings No. 56031 in respect of the disappearance of the above-named persons following their relatives' applications; the investigation is under way.
3. A governmental commission headed by the deputy chairman of the Government of the Chechen Republic, Magomadov Nasrudin Nozhayevich, was created (by governmental decree No. 188-rp of 13 March 2002) [to investigate] the events.".
29. On 11 March 2004 the Ministry of the Interior informed the first applicant that, since so far the investigation had failed to establish her son's fate, the Southern Federal District Office of the Interior was engaged in the search for him.
30. On 17 June 2004 a report of a forensic molecular-genetic expert examination was drawn up according to which Mr Ismail Dzhamayev's body was among the remains of six bodies found at the cemetery.
31. On 26 March 2007 the investigation was discontinued on account of the absence of any indication of a crime allegedly committed by servicemen.

2. Relevant information disclosed in relation to the case
of Arzu Akhmadova and Others v. Russia, No. 13670/03

32. In their submissions the parties referred to the information provided in relation to the above case. The Court shall set out below the facts relevant to the present case.
33. On 7 April 2002 the Prosecutor's Office of the Chechen Republic answered a request received from Memorial, stating that on 13 March 2002 a criminal investigation had been instituted under Article 105 § 2 (a) of the Russian Criminal Code into the disappearance of 13 residents of Stariye Atagi, including Mr Ismail Dzhamayev, between 6 and 11 March 2002. The letter also stated that:
"On 9 March 2002, at around 3 p.m., a VAZ 21099 vehicle approached a checkpoint of military unit 3179 situated about 4 km away from the outskirts of Stariye Atagi on the road between Chechen-Aul and Stariye Atagi. In response to [the servicemen's] order to stop the car and produce identity papers, shots were fired from the car. During the shoot-out four passengers were killed and the car was burnt. During the examination of the vehicle the remains of a AKM machine gun, a hand grenade launcher and RGD-5 grenades without fuses were found and seized. In this connection, on 12 March 2002 the Prosecutor's Office of the Grozny District initiated criminal proceedings in case No. 56030 under Article 317 of the Russian Criminal Code. The identities of the persons killed in the car have not yet been established."
34. On 21 August 2002 the military prosecutor of military unit No. 20102 informed the applicants that their allegations that Mr Ismail Dzhamayev and other residents of Stariye Atagi had disappeared during the sweeping operation had been investigated and that criminal proceedings in



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