Постановление Европейского суда по правам человека от 29.10.2009 «Дело Сатабаева (Satabayeva) против России» [англ.]

nd prison IZ-20/2, that is, on 1 August 2000. On 4 August 2000 Yusup Satabayev had been detained under the Decree on Measures for the Prevention of Vagrancy and Mendicancy since he had no identification documents. His detention in the detention unit of the Urus-Martan VOVD had lasted for ten days until 14 August 2000, when he was released.
104. The Court observes that it is not disputed between the parties that Yusup Satabayev was arrested on 23 February 2000 in connection with the criminal proceedings instituted against him. The parties also agree that the criminal proceedings against him were discontinued on 27 July 2000 and that he should have been released on that date. However, according to the applicant, he was never released and was eventually killed by State agents. The Government changed their arguments. They first submitted that Yusup Satabayev had been detained for vagrancy and mendicancy on 1 August 2000 and had been subsequently released. Later they admitted that he had not been released on 27 July 2000 but had remained in detention until 1 August 2000. They further stated that he had been subsequently detained on 4 August 2000 for failure to produce identification documents and had been released on 14 August 2000.
105. The Government therefore conceded that Yusup Satabayev had been detained from 23 February 2000 to 1 August 2000 and from 4 to 14 August 2000. It thus remains to be established whether he was released on 1 August 2000 and remained free until 4 August 2000, and whether he was released on 14 August 2000.
106. The Court notes, firstly, that despite its repeated requests for a copy of the investigation file concerning the disappearance of Yusup Satabayev, the Government have failed to produce it, despite having submitted thirty-two pages of case file materials, which contained decisions on the institution, suspension and resumption of the investigation and the decision to grant the applicant victim status. They referred to Article 161 of the Code of Criminal Procedure. The Court observes that in previous cases it has already found this explanation insufficient to justify the withholding of key information requested by the Court (see Imakayeva v. Russia, No. 7615/02, § 123, ECHR 2006-...).
107. The Court further notes that in response to its direct request to submit copies of all documents related to Yusup Satabayev's arrest on 23 February 2000 and subsequent detention, including an extract from the detention facility register confirming his release, the Government submitted no documents and provided no explanation for such failure.
108. As regards the substance of the Government's submissions, the Court observes that they were contradictory. Whereas they first submitted that Yusup Satabayev had been arrested on 1 August 2000, later they stated that he had been arrested on 4 August 2000. At the same time, in the decision to institute criminal proceedings of 18 October 2000 and subsequent decisions to suspend and resume the investigation which have been made available to the Court, it is stated that Yusup Satabayev and the other three men were arrested on 1 August 2000. However, in the circumstances of the present case, the Court considers that it should not attach weight to the interim findings of the domestic investigation in this respect, for the following reasons. First of all, it is inconsistent with the Government's latest submissions that Yusup Satabayev was arrested on 4 August 2000. Secondly, despite the Court's request the Government submitted neither documents related to Yusup Satabayev's detention, nor any documents from the investigation file which would allow the Court to determine on which basis those interim findings were founded. Moreover, the contention that Yusup Satabayev was released between 1 and 4 August 2000 contradicts the Government's account of the information received from remand prison IZ-20/2, acc

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