Главная страницаZaki.ru законы и право Поиск законов поиск по сайту Каталог документов каталог документов Добавить в избранное добавить сайт Zaki.ru в избранное




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





ict prosecutor's office stayed the investigation in case No. 12199 on account of the failure to identify the perpetrators and establish their whereabouts.
45. On 12 November 2007 the district prosecutor's office resumed the investigation in case No. 12199.
46. It appears that the investigation in criminal case No. 12199 has remained pending thereafter.

2. Search for Usman Mavluyev

(a) Criminal proceedings
47. On 13 January 2000 the tenth applicant went to Gudermes, since all administrative and law-enforcement agencies were located there during the hostilities in Grozny. She submitted written applications concerning her husband's unlawful detention to the military prosecutor, the department of the interior and the department of the Federal Security Service ("the FSB"). She was promised that necessary measures would be taken.
48. The tenth applicant has not enclosed copies of her applications. She enclosed a certificate of 6 June 2000 issued by the Achkhoy-Martan district department of the FSB stating that in January 2000 she had applied to that department in connection with her husband's disappearance. The certificate also stated that, according to the check that had been conducted, Usman Mavluyev had been a missing person since 8 January 2000. The Government in their observations disputed the authenticity of this document.
49. According to the tenth applicant, since January 2000 she went to Gudermes approximately every three days to find out whether there was any news about her husband. Several times she met the Deputy Prosecutor of the Chechen Republic, who each time asked her to submit a written application, which she did. He also took from the applicant her husband's photo and copies of their children's birth certificates.
50. In the end of March 2000 and in February 2001 the tenth applicant went to prisons in Pyatigorsk and in Voronezh since she had heard that detainees from Chechnya were held there. However, prison officials told the applicant that her husband was not being held there.
51. Since the tenth applicant submitted numerous applications to State authorities concerning her husband's disappearance and then regularly met with State officials in this connection, she believed that an official investigation was under way. However, when in January 2004 she applied in person to the prosecutor's office of the Zavodskoy District of Grozny - the district where her husband's detention had taken place - she found out that no criminal investigation had been initiated. She then lodged a request for the institution of criminal proceedings.
52. On 16 April 2004 the Zavodskoy District Prosecutor's Office ("the district prosecutor's office") instituted criminal investigation No. 31036 into Usman Mavluyev's abduction under Article 126 § 2 of the Russian Criminal Code ("aggravated kidnapping").
53. On 18 April 2004 the tenth applicant was granted victim status in the criminal proceedings.
54. The applicant received information on the subsequent course of the investigation in 2008, after her request to study the case file had eventually been granted by the domestic courts (see paragraphs 147 - 156 below).
55. On 19 April 2004 Ms A.A., also referred to by the tenth applicant as Ms Z.A., was questioned. She submitted that when she had been trying to leave Grozny with other civilians on 8 January 2000, servicemen at the checkpoint in Chernorechye had apprehended Usman Mavluyev and Mr V.
56. On 1 May 2004 the district prosecutor's office requested the military commander of the Urus-Martan district to provide information about the military units deployed in Chernorechye in January 2000. Similar requests were sent to other military commanders in the Chechen Republic, the head of the Operational Search Bureau No. 2 ("



> 1 2 ... 3 4 5 6 ... 29 30 31

Поделиться:

Опубликовать в своем блоге livejournal.com
0.1465 с