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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.]





Ismailov and from house No. 22 Yaragi Ismailov, Khizir Ismailov and Yusi Daydayev. In connection with this he and another officer from the ROVD had taken operational search measures; however, it was impossible to establish the whereabouts of the abducted men and the owners of the APCs and the lorries.
50. On 28 April 2003 the investigators questioned the head of the Achkhoy-Martan administration, Mr S.Kh. He stated that in January 2003 unidentified armed men in APCs and Ural lorries had taken away five residents from Orekhova Street, namely Aslambek and Aslan Ismailov, Yaragi Ismailov, Khizir Ismailov and Yusi Daydayev. In connection with this he had taken measures to establish their whereabouts and requested information about the disappeared men from the ROVD and the district military commander's office. However, these agencies did not have any relevant information.
51. On 25, 26, 28 and 29 April and 5 May 2003 the investigators questioned five officers of the ROVD, all of whom provided similar statements. According to the officers, at the material time they had been serving at checkpoints Nos. 1, 2 and 3 located on the bridge over the river Foranga and at a place called Vodozabor. During their duty hours, from 8 a.m. on 13 January to 8 a.m. on 14 January 2003, the APCs and lorries had not passed through the checkpoints.
52. On 13 May 2003 the investigators again questioned the first applicant, who stated that after the abduction he had complained to various law enforcement agencies, but to no avail. He and his relatives had been searching for the abducted men and meeting other people whose relatives had also been abducted. One of these men had informed him that his sons and Yusi Daydayev had been initially detained in Khankala, Chechnya, and then transferred to the Republic of North Ossetia, either to Mozdok or Vladikavkaz.
53. On 28 September 2003 the first applicant wrote to the district prosecutor and stated that he had received information about the detention of his abducted relatives on the premises of the 6th department of the ORB ("6-й отдел ОРБ") located on the Staropromyslovskiy main highway in Grozny. The applicant requested that the investigators took measures to verify this information. On the same date the applicant was questioned and reiterated his request.
54. On 30 September 2003 the district prosecutor's office informed the first applicant that the investigation in the criminal case had been resumed because it was necessary to take investigative measures and verify the information concerning the detention of the abducted men on the premises of the 6th department of the ORB in Grozny.
55. On 1 November 2003 the investigation in the criminal case was suspended for failure to establish the identities of the perpetrators.
56. On 26 October 2006 the eighth applicant's lawyer requested that the investigators provide him with access to the entire content of the criminal case file. On 9 November 2006 the investigators partially granted his request, stating that he was allowed to access only the documents reflecting the eighth applicant's participation in the proceedings. The document stated that full access to the case file would be granted only on completion of the investigation.
57. On an unspecified date the investigators questioned the applicants' neighbour, Mr V.M., who stated that on the night of 14 January 2003 he had been sleeping at home, at 19 Orekhova Street in Achkhoy-Martan. At about 4 a.m. he had heard some noise and gone outside. He saw a convoy of seven APCs in Orekhova Street; soldiers were jumping out of the vehicles and taking up combat positions. Several minutes later he heard women screaming. When he saw the servicemen going into the Ismailov family house he thought they were looting and called the police. About five minutes later the convoy drove away towards the centre of Achkhoy-Martan. T



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