Постановление Европейского суда по правам человека от 08.04.2010 «Дело Сериевы (Seriyevy) против России» [англ.]

mination of Bilkis Askhabayeva's body.
9. At some point between January 2003 and November 2004 the investigation of the criminal case was transferred to the military prosecutor's office of military unit No. 20116 (the military prosecutor's office), where the case file was given number 34/35/0191-03.
10. On 25 November 2004 the military prosecutor's office terminated the proceedings in the criminal case. The decision stated that the investigation had established that on 26 December 2002 military unit No. 23132 had participated in a special operation against illegal armed groups. At about 8 p.m. an illuminating shell launched by a cannon 2C3 No. 221 from the position of the military unit, due to a technical malfunction, had hit the house at 41 Kirova Street in Belgatoy, Chechnya. The death of Bilkis Askhabayeva was a result of an accident and therefore no personal responsibility could be established for it. The decision further stated that the criminal investigation in case No. 34/35/0191-03 should be terminated for lack of corpus delicti in the actions of the military servicemen.
11. On 7 December 2004 the military prosecutor's office informed the first applicant about the decision to terminate the criminal proceedings. The applicants did not appeal this decision.
12. On 13 June 2005 the military prosecutor's office took another decision to terminate the proceedings in the criminal case on the grounds of lack of corpus delicti and the amnesty act applied to the military officers. The applicants did not appeal this decision either.

3. Civil proceedings initiated by the applicants
in connection with the death of Bilkis Askhabayeva

13. On 29 March 2005 the first applicant brought proceedings against military unit No. 23132. He demanded compensation for pecuniary and non-pecuniary damage caused by his wife's death.
14. On 13 June 2005 the Shali town court partially granted the claim. The court granted the applicant 168,105 Russian roubles (RUB - about 5,000 euros (EUR)) in respect of pecuniary damage and RUB 10,000 (about EUR 300) in respect of non-pecuniary damage.
15. On an unspecified date the first applicant lodged a request with the town court asking for an extension of the time-limits for appeal of the judgment. The applicant submitted that he had not complied with the time-limits for the appellate procedure because of illness.
16. On 25 August 2005 the Shali town court rejected his request. The court stated that the applicant had failed to provide any evidence, such as a medical certificate, to justify his failure to comply with the statutory time-limits for the appeal.
17. On an unspecified date the first applicant again brought proceedings against military unit No. 23132 demanding compensation for pecuniary and non-pecuniary damage caused by the actions of the military in December 2002.
18. On 23 June 2008 the Shali town court granted the applicant's claim and awarded him a total of RUB 532,000 (about EUR 15,200) in damages, of which RUB 232,000 were granted in respect of pecuniary damage and RUB 300,000 in respect of non-pecuniary damage suffered in connection with the death of Bilkis Askhabayeva. The applicant did not appeal against this decision.
19. On 3 September 2008 the judgement was enforced and the applicant received the amount due.

B. Events related to the disappearance of Sarali Seriyev

1. The applicants' account

a. Abduction of Sarali Seriyev
20. In 2000 as a result of an accident Sarali Seriyev (also spelled as Sar-Ali Serbiyev) lost his right hand, three fingers on the left hand and vision in his right eye. At the material time he was wearing a prosthesis.
21. On 1 June 2004 the applicants, Sarali Seriyev and their relative Imali Seri

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