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Постановление Европейского суда по правам человека от 17.06.2010 «Дело Батаев и другие (Batayev and others) против России» [англ.]





r the mayor of Grozny. The Government submitted that the criminal investigation file contained Rizvan Ismailov's record of employment, according to which he had served as a security agent of the Deputy Envoy of the President of the Russian Federation in the Southern Federal Circuit.
103. The investigation also questioned some officials. Officer D., who at the time had worked at the OMON, testified that on 18 September 2000 an unknown woman at a checkpoint had told him that she had heard machine-gun firing in Vostochnaya Street. A group of police officers went there. Upon arrival, they had learnt about the six men's disappearance. Zaur Ibragimov and Sayd-Ali Musayev had been trainee police officers at the special police force unit. They had been dismissed during probation for unsatisfactory performance.
104. The Government submitted that the investigation had taken steps to establish the whereabouts of Mr B., the former head of the FSB in the Chechen Republic, and Mr D., his deputy, in order to question them about the circumstances surrounding the kidnapping.
105. The Government also stated that on an unspecified date an investigator had inspected the scene of the crime. No relevant record was produced by the Government.
106. The Government submitted that a number of queries had been sent to various State bodies by those investigating the six men's disappearance. No copies thereof were provided by the Government.
107. The Government referred to information provided by the "ORB-2", according to which there was no information about any special operations having taken place in Grozny on 18 September 2000. This document was not included in the case file.
108. The Government also submitted that the law-enforcement authorities of Chechnya had not arrested or detained Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev and Kharon Musayev on 18 September 2000, and that their whereabouts remained unknown. With reference to documents provided by the Chechnya FSB department and the ORB-2, the Government stated that there was no "discrediting information" about the six men. Copies of these documents were not produced by the Government.
109. According to the Government, the head of the Road Safety Department in the Chechen Republic failed to establish the provenance of the UAZ vehicle with the registration number "480-20", since the department archives collected before 2000 had been destroyed during the counter-terrorist operation.
110. The documents and additional information provided by the Government indicate that between October 2000 and November 2007 the investigation was adjourned on several occasions, and that it has so far failed to identify who was guilty.

2. Investigation into the kidnapping of Usman Mavluyev

111. Further to the Court's request, the Government provided about 300 pages of documents from criminal investigation file No. 31036, including copies of the decisions to open, suspend and resume the investigation and to grant victim status to the tenth applicant; letters informing her of the course of the proceedings; witness statements; and copies of requests for information sent by the investigating authorities to various State bodies. The Government also submitted documents from the court proceedings relating to the decision to grant her access to the case file and legal aid (see paragraphs 147 - 156 below). These documents and the Government's observations can be summarised as follows.
112. The Government contested that prior to April 2004 the tenth applicant had submitted any applications concerning her husband's disappearance. They in particular denied that in January 2000 she had lodged written applications with the prosecutor and the department of the interior, or with the FSB departments in the Gudermes and Achkhoy-Martan d



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