Постановление Европейского суда по правам человека от 17.06.2010 «Дело Товсултанова (Tovsultanova) против России» [англ.]

ptsovskaya and then to the scene of the incident, where she had learnt from eyewitnesses, who had been primarily teenagers and salespersons from the nearby kiosks, that her son, who had been driving a VAZ-2107 car, had been blocked by two UAZ vehicles and a VAZ-21099 car and been taken away by armed men in camouflage uniforms and masks. During the abduction he had managed to shout out his name, asking the onlookers to inform his family about the abduction. The applicant further stated that at the time she had not thought of writing down the names and addresses of the eyewitnesses, as she was illiterate. She had informed her relatives about the events and it appears that they complained to various law-enforcement bodies in Chechnya in their search for Said-Magamed Tovsultanov.
31. The Government pointed out that the applicant had not mentioned to the investigators any of the events which had taken place after her son's abduction in the vicinity of the "Kavkaz" checkpoint (see paragraphs 9 - 11 above).
32. On 15 June 2005 the investigators requested the Northern Ossetia FSB and the Chechnya FSB to inform them whether these agencies had arrested the applicant's son or opened criminal proceedings against him. On 28 June the Chechnya FSB replied that they had neither detained the applicant's son nor initiated criminal proceedings against him.
33. On 30 June 2005 the Sunzhenskiy district department of the interior (the ROVD) informed the investigators that they had not arrested or detained the applicant's son.
34. On an unspecified date in July 2005 the deputy Ingushetia prosecutor issued orders for the investigators in the criminal case. The relevant part of the document stated:
"...No investigation plan was prepared by the investigators who, in addition, also failed to examine a number of factual circumstances of the crime.
In order to conduct a full investigation of the criminal case I order the investigators to take the following measures:
- identify the woman who, according to L. Tovsultanova [the applicant], had eye witnessed the abduction and had told the boy about it... and question her about the events;
- identify and question the employees of the nearby kiosks who, according to the applicant, had witnessed the unidentified men in two UAZ cars and a VAZ-21099 detain S.-M. Tovsultanov, who had been driving a VAZ-2107, and take him away to an unknown destination;
- establish the registration numbers of the VAZ-2107 which had belonged to the abducted man and put this information on the search list;
- identify those who had been on duty on 14 June 2004 at the "Volga-20" checkpoint located on the border with Chechnya and question them about the circumstances of the case. In particular, it is necessary to find out whether a UAZ and VAZ-2107 carrying State officials had passed through the checkpoint on that date;
- examine the registration log of vehicles passing through the "Volga-20" checkpoint;
- inspect the household... where the abducted man had lived;
- in order to establish the whereabouts of S.-M. Tovsultanov, ...forward requests to various prosecutors' offices in [various regions] in the Northern Caucasus;
- forward information requests to [various...] detention centres in the Northern Caucasus and the military prosecutor's office of military unit No. 04062;
- forward information requests to various medical institutions in order to find out whether S.-M. Tovsultanov had applied for medical help and/or whether his body had been discovered;
- establish whether S.-M. Tovsultanov had purchased train or airplane tickets;
- receive replies from [various departments of the interior and the FSB];
- reply to the applicant's complaint of 5 June 2005;
- take other investigative measures, when necessary..."




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