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Постановление Европейского суда по правам человека от 01.04.2010 «Дело Муцолгова и другие (Mutsolgova and others) против России» [англ.]





rviews and other investigative measures referred to in their submissions to the Court.

C. Proceedings against law-enforcement officials

67. On 14 March 2005 the third applicant complained to the Karabulak Town Court ("the Town Court") that the investigation in criminal case No. 23520016 was ineffective. He submitted, among other things, that it had taken the district prosecutor's office an unjustifiably long time to launch the investigation; that the main witness, officer Ch., had only been questioned a month after the opening of the investigation and that the district prosecutor's office had failed to take the most basic investigative steps in due time. In particular, they had failed to interview some witnesses and to compile a photofit image of the abductor who had shown the special passage permit at the GAI station. Despite the information concerning L.T., the investigation had failed to check it with the relevant FSB departments. On a more general level, the third applicant complained that he had had to beg for each and every investigative measure and that the investigating authorities had carried them out only after numerous requests from him, which was demonstrated by his voluminous correspondence with the town prosecutor's office. Lastly, the third applicant stressed that the numerous omissions in the investigation had made it impossible to solve his brother's abduction and to identify and punish the persons responsible for it, and that the culprits had been able to conceal the traces of their crime forever. He also averred that those omissions had been in breach of the European Convention on Human Rights.
68. By a decision of 26 May 2005 the Town Court dismissed the third applicant's complaint as unfounded. The court found that, having received the third applicant's complaint about the abduction of Bashir Mutsolgov on 19 December 2003, the town prosecutor's office, had sent a query to the Ingushetiya department of the FSB on the same day to find out whether they had arrested the applicant's brother. The reply to that query had been received only on 26 December 2003 and on the same day the town prosecutor's office had instituted criminal proceedings into the abduction. The town prosecutor's office could not have instituted the proceedings earlier; it had had first to satisfy itself that Bashir Mutsolgov had not been lawfully arrested.
69. In respect of the remainder of the third applicant's complaints, the Town Court held as follows:
"...As to the submission about the belated interviewing of officer Ch., who had seen one of the abductors, the following should be noted.
It follows from the materials available to the court that... [on 26 December 2003] the head of the GOVD had been requested to carry out operational and search measures aimed at liberating Bashir Mutsolgov and identifying his abductors. Analogous requests had been sent to [various departments of the Ministry of the Interior] of the Ingushetiya Republic. On the same day the UGA prosecutor and the prosecutors of the NOAR and the Chechen Republic had been requested to verify whether any law-enforcement authorities responsible to them had arrested Bashir Mutsolgov. Those requests had been repeatedly sent to those authorities in January 2004... Those requests could not have given an immediate result. Before interviewing witnesses it is necessary to identify them. As early as January 2004 the deputy prosecutor of the Ingushetiya Republic had issued a written direction to for witness Ch. to be interviewed. Those directions have been complied with in full and within the time-limits set...
...
The complainant also submits that, despite the information implicating L.T. in the crime, the investigation had failed to verify it. However, from the prosecutor's submissions it transpires that the check conducted b



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