Постановление Европейского суда по правам человека от 15.07.2010 <Дело Гелаевы (Gelayevy) против России» [англ.]

March 2009 the Department of the Ministry of the Interior (the UVD) in the Khanty-Mansiysk Region replied to the investigators stating the following:
"...According to order... No. 750, any information disclosing personal data of the police officers who are participating or participated in the carrying out of counterterrorist or special operations is a secret. Therefore, it is impossible to provide you with lists and photographs of the officers of the UVD of the Khanty-Mansiysk Region who were on service mission in Chechnya in February 2000."
77. Between 21 May and 3 June 2009 the investigators questioned 22 former and acting officers of the UVD of the Khanty-Mansiysk Region who had been on mission in Chechnya in 2000 and had been serving in the Oktyabrskiy VOVD at the material time. All of the witnesses stated that they did not recall the details of their service in the Oktyabrskiy VOVD, that they had not participated in special operations and that they had not detained Murad Gelayev.
78. On 10 August 2009 the investigators questioned Mr Sh.Ts., who confirmed his previous statements (see paragraph 63 above) and added that after the abduction, in the basement of the Oktyabrskiy VOVD, he had seen Murad Gelayev and that his face had been covered in blood.
79. The Government submitted that the investigating authorities had sent a number of queries to various State bodies between 2005 and 2009 concerning the possible whereabouts of Murad Gelayev, his criminal record, discovery of his body, his detention in custodial institutions, medical treatment in hospitals and any criminal proceedings against him. As a result, a number of negative replies had been received and the whereabouts of the applicants' relative had not been established. The law enforcement authorities had never arrested or detained Murad Gelayev on criminal or administrative charges and had not carried out a criminal investigation concerning him. No special operations had been carried out against the applicants' relative.
80. According to the documents submitted by the Government, the investigation was suspended on eight occasions: on 13 September 2005, 28 September and 6 November 2006, 23 December 2007, 3 October 2008, 16 March, 6 May and 28 August 2009. Each decision to suspend the investigation was subsequently overruled by the supervising prosecutors as unlawful and premature. The prosecutors criticised the investigation and ordered that a number of necessary steps be taken. For example, such orders were given to the investigators on eight occasions: on 21 July and 6 October 2006, 23 November 2007, 3 September 2008, 16 February, 2 April, 28 July and 31 August 2009.
81. The Government further stated that even though the investigation had failed to establish the whereabouts of Murad Gelayev, it was still in progress and all measures envisaged under domestic law were being taken to solve the crime. The investigation had found no evidence to support the involvement of State servicemen in the abduction of Murad Gelayev.
82. Despite specific requests by the Court, the Government did not disclose the entire contents of the investigation file in criminal case No. 44065, providing only copies of "the main documents" from the file of up to 370 pages.

C. Proceedings relating to the applicants' ill-treatment
by the abductors

1. Information submitted by the applicants

83. The applicants complained to the investigators about the ill-treatment to which the second and fourth applicant had been subjected by the abductors (see paragraphs 32 and 65 above).

2. Information submitted by the Government

84. On 24 August 2006 the investigators decided to conduct a forensic medical examination of the second applicant. The text of the decision included the following:
"...The investigat



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