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Постановление Европейского суда по правам человека от 29.10.2009 «Дело Хантиева и другие (Khantiyeva and others) против России» [англ.]





on the roof the house. The first applicant had started shouting at them, asking them what they had been doing during the abduction. The servicemen had asked the first applicant what had occurred. When she had explained to them that Mayrudin Khantiyev had been abducted, they had got out of sight. They had not subsequently showed up and had not spoken to the crowd gathered in the courtyard.
68. On an unspecified date the investigators questioned a certain Mr M. as a witness He stated that he had known Mayrudin Khantiyev since childhood. In the summer of 2000 they had started taking drugs together. Subsequently, Mayrudin Khantiyev had started dealing in drugs. Mayrudin Khantiyev had had close connections with the servicemen of the district military commander's office. In November 2000 Mr M. had stopped taking drugs and seeing Mayrudin Khantiyev. The latter had not had any debts or enemies.
69. On 1 February 2001 the investigators sought from the military prosecutor of military unit No. 20102 information on Mayrudin Khantiyev's eventual arrest. However, no relevant information was received from that authority. The investigators also requested remand prisons IZ-20/2 in Chernokozovo and IZ-20/2 in Grozny to provide information on Mayrudin Khantiyev's eventual placement in custody or detention in those facilities. It followed from the replies of those bodies that they did not have information of interest to the investigation. The investigators also instructed unspecified authorities of the Chechen Republic to verify unidentified corpses of persons with features similar to those of Mayrudin Khantiyev; to furnish information on his eventual criminal prosecution or on any special operations aimed at arresting him. No relevant information was received as a result of those requests.
70. On 20 June 2003 unspecified authorities had severed the materials concerning Mayrudin Khantiyev's implication in drug trafficking from case file No. 12368 and transferred them to the ROVD.
71. The investigation in case No. 12368 had been repeatedly suspended for failure to identify those responsible and then resumed. It had not established the implication of Russian servicemen in the abduction of Mayrudin Khantiyev. The investigation in case No. 12368 was pending.
72. Despite specific requests by the Court, the Government refused to furnish any copies from the investigation file in case No. 12368. They claimed that the investigation was in progress and that disclosure of the documents would be in violation of Article 161 of the Code of Criminal Procedure, since the file contained information of a military nature and personal data concerning witnesses and other participants in the criminal proceedings.

D. Judicial proceedings against the investigators

73. On an unspecified date in 2007 the first applicant lodged a complaint with the Staropromyslovskiy District Court of the Chechen Republic (the District Court). She submitted, among other things, that the investigators in case No. 12368 were taking no action to elucidate Mayrudin Khantiyev's abduction and that they had repeatedly failed to provide her with information about the progress in the investigation.
74. On 4 April 2007 the District Court dismissed the first applicant's complaint. It noted that the investigation had been suspended on numerous occasions for failure to identify the perpetrators and then resumed, and noted that the latest decision to suspend was dated 12 March 2007. The court further held that the investigators had carried out a considerable number of unspecified investigative measures and noted that the first applicant and her lawyer had not previously sought access to the case file. There is no indication that the first applicant challenged the decision on appeal.

II. Relevant domestic law

75. For a summary of the



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