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Постановление Европейского суда по правам человека от 12.05.2010 «Дело Шахабова (Shakhabova) против России» [англ.]





her with access to the criminal case-file materials.
47. By a letter of 14 November 2005 the republican prosecutor's office forwarded the applicant's complaint about her son's abduction to the district prosecutor's office for examination.
48. On 18 November 2005 the district prosecutor's office informed the applicant that her complaint of 11 November 2005 had been granted only in part. The letter did not specify in which part, but stated that the applicant's request concerning access to the criminal case-file materials had been rejected pursuant to Article 42 of the Criminal Procedure Code.
49. On 15 December 2005 the applicant wrote to the district prosecutor's office. She pointed out that on 11 November 2005 she had requested the authorities to resume the investigation in criminal case No. 34022 and provide her with access to the case-file materials; that on 18 November 2005 the authorities had partially granted her request but had failed to specify in which part. The lack of clarity in the decision had precluded her from appealing against it. She requested that that matter be clarified.
50. On 23 December 2005 the district prosecutor's office replied to the applicant that she had been granted victim status on 15 March 2003 and that she was only entitled to access to procedural documents concerning investigative measures she had participated in.
51. On 24 April 2006 the district prosecutor's office informed the applicant that on an unspecified date they had resumed the investigation in criminal case No. 34022.

2. Information submitted by the Government

52. On 14 February 2003 the district prosecutor's office instituted a criminal investigation into the abduction of Adam Khurayev under Article 126 § 2 of the Criminal Code. The case file was attributed number 34022.
(a) Witnesses interviewed by the investigation
53. Being interviewed as a witness on 18 February 2003, M.M. stated that at 10 p.m. on 23 November 2002 armed persons in masks and camouflage uniforms had broken into her house and had abducted Adam Khurayev. Before coming to her household, the abductors had looked for Adam Khurayev in her brother's house. Neighbours known as "Zulay" and "Tamusa", whose family names M.M. did not remember, had seen the abductors use APCs and UAZ vehicles.
54. On 15 March 2003 the applicant was granted victim status and interviewed. She stated that she had learnt from M.M. that at about 10 p.m. on 23 November 2002 armed and masked persons had broken into M.M.'s house and had taken Adam Khurayev with them.
55. I.M., questioned on 20 January 2004 as a witness, submitted that on 24 November 2002 he had learnt from M.M. about the abduction of the applicant's son. M.M. had told him that she had not witnessed the abduction and that two women known as Zulay and Tamusa had told her that the abductors had arrived in an APC and two UAZ vehicles.
56. Zara S., interviewed as a witness on 4 February 2004, stated that in the morning of 24 November 2002 she had learnt from the applicant and other neighbours about the abduction of Adam Khurayev. Zara S. had not seen any vehicles and, apart from herself, there were no other women known as "Tamusa" who lived in the vicinity. Zara S. confirmed her statement while being questioned as a witness on 18 June 2004.
57. M.Ch. was interviewed as a witness on 11 February 2004. She stated that on the night of 23 November 2002 she had been at home with her husband A.Ch., who worked in the local military commander's office. At about 10 p.m. she had heard noise coming from the neighbouring household of Z.Ch. (see below). M.Ch. and her husband had rushed to Z.Ch.'s house and seen armed men wearing masks there. A.Ch. had asked them why they had broken into Z.Ch.'s house. In response the armed



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