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Постановление Европейского суда по правам человека от 08.04.2010 «Дело Абаева и другие (Abayeva and others) против России» [англ.]





ict prosecutor's office, the Shali district prosecutor's office and the Nadterechniy district prosecutor's office informed the investigators that they had not opened criminal proceedings against Magomed-Ali Abayev and Anvar Shaipov; that they had not arrested or detained them and that their corpses had not been found in their districts.
47. On various dates in 2003 the Main Department of the Ministry of the Interior in the Southern Federal Circuit, the Argun ROVD, the Sharoy ROVD, the Itum-Kali ROVD, the Naurskiy ROVD, the Kurchloy ROVD, the Shatoy ROVD, the Itum-Kali ROVD and the Zavodskoy ROVD of Grozny informed the investigators that they had no information concerning the arrest or detention of Magomed-Ali Abayev and Anvar Shaipov.
48. According to the information received from the above-mentioned law-enforcement agencies, military unit No. 6779 had not been stationed at the headquarters of the former clothing factory in Urus-Martan.
49. On 5 April 2003 the investigators suspended the investigation in the criminal case for failure to establish the identities of the perpetrators. The applicants were informed about this decision.
50. On 10 March 2004 the first applicant complained to the district prosecutor's office about the abduction of her son and requested that the authorities open a criminal investigation into the incident.
51. On 11 March 2004 the investigators informed the first applicant that in connection with the abduction they had already opened a criminal case, on 5 February 2003.
52. On 11 October 2004 the first applicant requested that the district prosecutor's office provided her with full access to the investigation file. The investigators replied that she was entitled to access only upon completion of the criminal investigation.
53. On 20 January 2006 the investigators again questioned the first applicant, who stated that on 13 September 2000 her son Magomed-Ali Abayev and her relative Anvar Shaipov had been arrested at the checkpoint situated in Lenin Street in Urus-Martan and taken into the former clothing factory. Referring to the information received by her from the witness to the incident, Mr M.A., Magomed-Ali Abayev and Anvar Shaipov had been stopped by the servicemen who had manned the checkpoint. At first the officers had taken the two men's documents and taken them into the building; a few minutes later Magomed-Ali Abayev and Anvar Shaipov had been taken into the factory. Immediately afterwards Mr M.A. had arrived at the applicant's house and told her that Magomed-Ali Abayev and Anvar Shaipov had been detained at the checkpoint. The applicant had gone immediately to the checkpoint and asked the servicemen about Magomed-Ali Abayev and Anvar Shaipov. The officers told her that the two men were "being checked" and that they would be released soon. The applicant decided to wait for Magomed-Ali Abayev and Anvar Shaipov at the checkpoint. While she was waiting, a grey UAZ vehicle without registration numbers and with darkened windows drove into the factory's yard. About five minutes later the car left the factory and drove in the direction of the town centre. Then the soldiers at the checkpoint told the applicant that they had released Magomed-Ali Abayev and Anvar Shaipov through the gates located on the other side of the building, in Krasnoarmeyskaya Street. According to the witness, at the time the checkpoint was being manned by officers of law-enforcement agencies from Yaroslavl and the Yaroslavl Region. The applicant further stated that at some point later Mr M.A. had moved abroad and that her husband, Mr V.A., had died in June 2003.
54. On 24 January 2006 the investigators conducted a crime scene examination at the former clothing factory. Nothing was collected from the scene. According to the transcript, on the date of the examination, a special task force unit of the police (the OM



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