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Постановление Европейского суда по правам человека от 28.10.2010 «Дело Сасита Исраилова и другие (Sasita Israilova and others) против России» [англ.]





9; relatives; to establish the identity of those responsible and to question them; to interview once again the first and seventh applicants and Ms P.; to take measures to eliminate conflicts in their accounts of events by organising confrontations; if necessary, to establish the identity of Mr R. and to obtain documentary evidence confirming his death; to send queries to various State agencies; and to take other necessary steps.
62. In the period between 27 November and 15 December 2008 the investigating authorities sent a number of queries and requests to various civilian and military authorities in an attempt to establish the Yansuyev brothers' whereabouts and to obtain information concerning the identity of Messrs M. and R. and servicemen of regiment No. 531, including serviceman named Vladimir and Mr Amirov Ruslan.
63. In a letter of 1 December 2008 the office of the interior of the Shali District replied to the investigator in charge that the power structures located in the Shali District had not carried out any special operations in the Leninskiy District of Grozny on 13 February 2003 and that their officers had not instituted criminal or administrative proceedings against, and had not detained, the Yansuyev brothers.
64. On 11 December 2008 the FSB Division of military unit No. 3036 replied that an officer with the surname M. had never served in that division. On an unspecified date a similar reply was sent by the FSB Division of military unit No. 54844.
65. On 25 December 2008 the investigation was stayed owing to the failure to establish those responsible. The first and seventh applicants were informed of that decision in a letter of the same date.
66. A decision of 26 December 2008 set aside the decision of 25 December 2008 as being unlawful, pointing out that a number of essential steps had not been taken during the investigation. It stated that the proceedings should be resumed and listed the investigative measures that should be carried out during further investigation. The decision indicated, in particular, that the instructions of 24 November 2008 should be complied with in full.
67. On 14 January 2009 the investigator in charge once again asked the district office of the interior to take a number of measures which had been listed in a similar request previously sent to that office.
68. On 21 January 2009 the supervising prosecutor of the republican prosecutor's office sent a letter to the prosecutor of the Leninskiy District of Grozny, stating that, during the investigation of various criminal cases opened in connection with serious and particularly serious criminal offences, considerable shortcomings in the work of the bodies performing the operational search had been detected. The letter further stated:
"In particular, in criminal case No. 20039 opened on 17 February 2003... into the abduction on 13 February 2003 of the Yansuyev brothers in the Leninskiy District of Grozny... the necessary operational search measures aimed at establishing the circumstances of that offence and those responsible have not been taken.
Requests sent in respect of this criminal case... on 27 November 2008, ...15 December 2008 and... 14 January 2009 concerning "the carrying out of an operational search and the questioning of witnesses and eyewitnesses of this offence" have not been complied with until the present and no replies to them have been received. A report on the operational measures taken in the case has not been submitted either.
The failure to carry out the necessary operational search in the criminal case resulted in the failure to establish those responsible..."
The letter then invited the district prosecutor to check the actions of the relevant agencies and to report on any detected shortcomings.
69. In a decision of 26 January 2009 the investigator in charge sought authorisation from a comp



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