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Постановление Европейского суда по правам человека от 26.11.2009 "Дело "Исмаилов и другие (Ismailov and others) против Российской Федерации" [рус., англ.]





i Ismailov a missing person with effect from 15 January 2003.

B. The search for the applicants' relatives
and the investigation

1. The applicants' account

24. Immediately after her relatives were taken away the eighth applicant called the Achkhoy-Martan district department of the interior (the ROVD) and complained that they had been abducted. The officers told her that they could not do anything about it.
25. In the morning of 14 January 2003 the applicants complained to a number of State authorities, including the ROVD, the Achkhoy-Martan district prosecutor's office (the district prosecutor's office), the Achkhoy-Martan district department of the Federal Security Service (the FSB) and the Achkhoy-Martan district military commander's office (the district military commander's office), that their relatives had been abducted.
26. Since 14 January 2003 the applicants have repeatedly applied in person and in writing to various public bodies. They have been supported in their efforts by the SRJI NGO. In their letters to the authorities the applicants referred to their relatives' detention and asked for assistance and details of the investigation. Mostly these enquiries have remained unanswered, or purely formal replies have been given in which the applicants' requests have been forwarded to various prosecutors' offices. The applicants submitted some of the letters to the authorities and the replies to the Court, which are summarised below.
27. In the morning of 14 January 2003 a group of representatives of the district prosecutor's office examined the crime scene and questioned the witnesses.
28. On 17 January 2003 the district prosecutor's office instituted an investigation into the abduction of Aslambek Ismailov, Aslan Ismailov, Yaragi Ismailov, Khizir Ismailov and Yusi Daydayev under Article 126 § 2 of the Criminal Code (aggravated kidnapping). The criminal case file was given the number 44009.
29. On 17 March 2003 the district prosecutor's office informed the applicants that on an unspecified date the investigation in criminal case No. 44009 had been suspended for failure to establish the identities of the perpetrators.
30. On 21 March 2003 the Chechnya prosecutor's office forwarded the first applicant's complaint about his relatives' abduction to the district prosecutor's office for examination.
31. On 31 March and 24 April 2003 the Chechnya prosecutor's office informed the first applicant that on 23 January 2003 the district prosecutor had instructed the investigators to take a number of additional operational search measures to establish the whereabouts of the abducted men and identify the perpetrators. The text of the letter of 31 March 2003 also stated:
"....the investigation established that the applicant's relatives had been abducted by unidentified servicemen in military vehicles; however, the investigators were unable to establish to which military units these vehicles had belonged."
32. On 30 September 2003 the district prosecutor's office informed the first applicant that they had examined his complaint about ineffectiveness of the investigation in criminal case No. 44009. As a result, the proceedings had been resumed and the investigators had been instructed to verify the supposition that the abducted men were being detained on the premises of the operational search bureau of the Ministry of the Interior (the ORB) in Grozny ("ОРБ").
33. On 24 October 2003 the deputy head of the Achkhoy-Martan district administration wrote to the district prosecutor's office requesting that the investigators find out whether the abducted men were being detained on the premises of the 6th department of the Main Intelligence Service of the Ministry of Defence ("6-й от



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