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

informed the applicant that she had been granted victim status in case No. 24048.
40. The applicant remained in contact with Rebart Vakhayeva and was aware of her attempts to secure the re-exhumation of the four bodies found near Goy-Chu and their identification. In particular, she referred to the judgment of 28 December 2004 given by the Urus-Martan Town Court, which ordered the Urus-Martan District Prosecutor's Office to take measures in relation to these unidentified bodies. According to the applicant, this court order has not been carried out to date.
41. The applicant submitted that there had been no development in the case since.

2. The Government's account

42. Following the applications lodged by the applicant and the mothers of the three other men who had disappeared, the Urus-Martan District Prosecutor's Office conducted a check, following which criminal proceedings under Article 126 of the Criminal Code (abduction) were instituted on 18 October 2000. The case was assigned number 24048.
43. The applicant was granted victim status and questioned on numerous occasions. She submitted that Yusup Satabayev had been a member of a paramilitary group. She had no information about his fate after his release from the Urus-Martan district remand prison in August 2000.
44. Kheda Aydamirova, the wife of Kazbek Vakhayev, Rebart Vakhayeva, Ms Ch. and Ms G. (apparently family members of Mr Ch. and Mr G. respectively) were also granted victim status and questioned. However, they provided no particular information about the disappearance of Yusup Satabayev and their relatives.
45. Witnesses Mr A., Mr B., Mr S., Ms A., Ms Kh., Ms A.V., Ms L. T., Ms Akh. and Ms Z.T. "and others" submitted that they had no information about the apprehension of the disappeared persons by law-enforcement officials. It is not clear who those witnesses were and why their statements could have been relevant.
46. Rebart Vakhayeva filed an application to include in the case file a videotape of four dead bodies, one of which, according to her, was her son. The Urus-Martan District Prosecutor's Office received instructions to establish the circumstances in which the dead bodies had been found and to identify the dead persons.
47. Rebart Vakhayeva also complained to the Urus-Martan District Court about the discontinuation of the criminal proceedings. Her complaint was partially allowed. The same court partially allowed her complaint concerning the necessity to take a procedural decision in respect of the discovery of the four dead bodies.
48. On 4 August 2006 criminal proceedings concerning the discovery of the four dead bodies on 22 August 2000 were separated into a different set of criminal proceedings under Article 105 of the Criminal Code (murder). The Prosecutor's Office of the Chechen Republic gave instructions concerning the additional questioning of the applicant and exhumation of the dead bodies.
49. The investigator instructed the local department of the interior to establish the whereabouts of the disappeared persons. In order to verify whether the officials of the FSB had been involved in the offence, the prosecuting authorities requested information concerning the possible detention of Yusup Satabayev, Mr G., Kazbek Vakhayev and Mr Ch. between 14 August 2000 and 9 October 2003. However, no information about their detention was received.
50. The preliminary investigation in case No. 24048 was repeatedly suspended on account of failure to identify the persons to be charged with the offence. Those who had victim status in the criminal proceedings were duly informed of all the suspensions and resumptions of the investigation and the appeal procedure was clarified for them. After the most recent suspension of the investigation on 21 August 2006, it was resumed on 22 August 2006 by the Urus-Mar



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