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Постановление Европейского суда по правам человека от 26.11.2009 "Дело "Устарханова (Ustarkhanova) против Российской Федерации" [рус., англ.]





out the events.
14. According to a relative of Mr Magomed M., Ms B.M., at about 5 a.m. on 7 January 2003 she had seen a group of armed military servicemen entering the house of her relative Mr Magomed M., which was situated in the same yard. The servicemen were in camouflage uniforms; they spoke unaccented Russian and used portable radio sets. She heard the servicemen explaining to someone by radio that there was a person in the house who had not been registered as a resident and that this man had been wounded in the head. The response received by the servicemen was: "Take him and leave". When the servicemen were leaving the house she heard the noise of military vehicles. Many local residents had gathered in the yard shortly after the abduction. Ms B.M. was not questioned by the authorities about the events.
15. According to the applicant, a number of other witnesses to the abduction refused to provide statements to the Court out of fear for their safety and that of their relatives.
16. In support of her statement, the applicant submitted an account by Ms B.M. dated 31 August 2008 and an account by Mr I.A. dated 31 August 2008.

2. Information submitted by the Government

17. The Government did not challenge most of the facts as presented by the applicant. According to their submission "...the reason for the opening of the criminal case was the complaint of Kh. Ustarkhanova received by the Achkhoy-Martan district department of the interior on 7 January 2003, according to which at about 6 a.m. on the night between 6 and 7 January 2003 unidentified armed men in camouflage uniforms and masks had taken away her son B. Ustarkhanov from a house at 72 Shkolnaya Street in Zakan-Yurt in the Achkhoy-Martan district of Chechnya".

B. The search for Balavdi Ustarkhanov and the official
investigation into his abduction

1. The applicant's account

18. In the morning of 7 January 2003 Mr Magomed M. informed the applicant about the abduction of Balavdi Ustarkhanov. On the same day the applicant went to the Achkhoy-Martan district department of the interior (the Achkhoy-Martan ROVD) and the Achkhoy-Martan district prosecutor's office (the district prosecutor's office) and complained about her son's abduction.
19. On 21 January 2003 the district prosecutor's office instituted an investigation into the abduction of Balavdi Ustarkhanov under Article 126 § 2 of the Criminal Code (aggravated kidnapping). The case file was given number 44011.
20. On 23 January 2003 the district prosecutor's office granted the applicant victim status in the criminal case.
21. On 21 March 2003 the investigators suspended the investigation in the criminal case for failure to establish the identities of the perpetrators.
22. On a number of occasions, that is on 22 March, 13 and 24 June, 17 July and on 25 August 2003, in January, 3 April, 14 May and 7 June 2004 and 16 July 2005 the Chechnya and the district prosecutors' offices informed the applicant that the investigation in the criminal case had been suspended for failure to establish the identities of the perpetrators and that operational-search measures aimed at identifying the culprits were under way.
23. On 12 May 2003 the military prosecutor's office of the United Group Alignment (the military prosecutor's office of the UGA) forwarded the applicant's complaint about Balavdi Ustarkhanov's abduction to the military prosecutor's office of military unit No. 20102.
24. On 7 June and 15 August 2003, 22 April, 31 May and 29 December 2004, 10 June and 22 July 2005 the Chechnya prosecutor's office forwarded the applicant's complaints to the district prosecutor's office for examination.
25. On 11 June and 20 August 2003 the military prosecutor



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