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





en taken to establish his whereabouts. Thus, in January 2007 house-to-house enquiries were conducted in Voykovo and Chernorechye, and several persons were summoned for questioning in connection with Usman Mavluyev's disappearance. In September 2009 internal databases were checked for information concerning his prospects of leaving the Chechen Republic and the Russian Federation by any means of transport. The prosecutor's offices had not instituted any criminal proceedings in connection with the discovery of any unidentified bodies resembling Usman Mavluyev. Finally, in May and June 2004 as well as in January 2007 the remand centres in the Southern Federal Circuit and local departments of the Federal Penitentiary Service informed the investigation that Usman Mavluyev had never been detained there. In May 2004 and in January 2007 several hospitals in the Southern Federal Circuit submitted that he had never been admitted for treatment.
141. The Government further submitted that the tenth applicant had been duly informed of the decisions taken during the investigation.
142. According to the documents submitted by the Government, between April 2004 and November 2009 the investigation was suspended on three occasions and reopened twice upon the orders of the supervising prosecutors on account of the "incomplete nature of the investigative measures". As appears from the SIU-2 investigation plan dated 28 July 2009, the investigators considered three possible versions of Usman Mavluyev's abduction. According to the first version, the crime had been committed by servicemen deployed in the Chernorechye settlement. According to the second version, it had been committed by members of special units deployed there. Thirdly, the crime could have been committed by members of an illegal armed group.
143. The investigation in case No. 31036, last adjourned on 24 November 2009, has so far failed to identify who was guilty.

D. Proceedings against law-enforcement officials

1. Court proceedings instituted by the first nine applicants

144. On an unspecified date the first nine applicants filed a claim against the Russian Ministry of Finance, seeking compensation for the non-pecuniary damage caused by their relatives' abduction by Russian servicemen. The claim contained no mention of the fourth and sixth applicants' property claims.
145. On 30 March 2004 the Basmannyy District Court of Moscow dismissed the claims on the ground that "the evidence in the case file [had] not proved that there [had been] a causal link between [the applicants'] loss of their sons and any unlawful acts of the State agencies of Russia".
146. On 8 December 2004 the Moscow City Court upheld the first-instance judgment, reproducing its reasoning verbatim.

2. Court proceedings instituted by the tenth applicant

147. On 8 February 2007 the tenth applicant appealed to the Zavodskoy District Court of Grozny against the refusals of her requests for legal aid and access to the case file (see paragraphs 78 - 85 above).
148. On 5 March 2007 the Zavodskoy District Court dismissed the complaint. According to the applicant, she had not been notified of the hearing and, therefore, was not present in the courtroom. Furthermore, the court's decision was not sent to her either.
149. Since the applicant was not aware of the hearing of 5 March 2007, on 14 June 2007 she complained to the Supreme Court of the Chechen Republic about the failure to examine her complaint of 8 February 2007.
150. On 1 October 2007 the applicant was provided with a copy of the Zavodskoy District Court's decision of 5 March 2007.
151. On 2 October 2007 the applicant appealed against the decision of 5 March 2007 and requested that the time-limits for appeal be restored.
152. On 6



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