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





ording to the reply, Yusup Satabayev had been detained in IZ-20/2 until 1 August 2000, when he was transferred to the detention facility of the Urus-Martan VOVD.
64. On 25 April 2008 the investigating authorities of the Penza district were instructed to question Mr Sh., the former head of the Urus-Martan VOVD.
65. On the same date and on 26 April 2008 the head of the Urus-Martan ROVD was instructed to identify eye-witnesses to the murder and burial of the four corpses near the village of Goy-Chu, and the person who had handed over the video footage of the bodies to Rebart Vakhayeva. The replies received did not contain any relevant information.
66. On 27 June 2008 Kheda Aydamirova was questioned. She confirmed her previous statements, agreed to show the burial place of Kazbek Vakhayev and stated that she had no objections to his exhumation. She also stated that she had never been subjected to any form of pressure in relation to her application before the Court.
67. On 15 September 2008 the investigating authorities decided to apply to a court with requests for the seizure of certain documents and items classified as State secrets, kept in the archives of the FSB, the NorthCaucasian Circuit of Internal Forces of the Ministry of the Interior, the Federal Service of Execution of Punishments, Interior Troops and the Ministry of Defence. The requests were granted by an unspecified court on an unspecified date and investigating officials proceeded to effectuate the seizure.
68. On 30 September 2008 a special investigative group was set up. It included officers of the Military Investigation Department of the Investigation Committee of the Prosecutor's Office of the Russian Federation.
69. On 8 October 2008 the investigation was suspended on account of the failure to identify the perpetrators.
70. On 18 October 2008 the investigation was resumed.

C. Court proceedings concerning the inactivity
of the investigating authorities

71. On 5 January 2003 Rebart Vakhayeva applied to the Urus-Martan Town Court seeking to have the inaction of the Urus-Martan District Prosecutor declared unlawful. She complained about the absence of an effective investigation and requested the court to order the prosecutor's office to resume criminal proceedings.
72. On 16 April 2003 Rebart Vakhayeva lodged a complaint with the Supreme Court of the Chechen Republic about the town court's failure to examine her claim and requested the Supreme Court to act as a first-instance court in her case. On 14 May 2003 the President of the Supreme Court of the Chechen Republic forwarded this letter to the Urus-Martan Town Court with a notice "to consider it on the merits".
73. On 1 July 2003 Rebart Vakhayeva had a meeting with the President of the Urus-Martan Town Court, who told her that she should have lodged a complaint with the prosecutors' office. She concluded that the court would not consider her claim.
74. On 2 July 2003 Rebart Vakhayeva requested the Supreme Court of the Chechen Republic to act as a court of first-instance in respect of her complaint against the Urus-Martan District Prosecutor's Office.
75. On 21 July 2003 the President of the Supreme Court of the Chechen Republic sent an enquiry to the Urus-Martan Town Court about the progress in the examination of Rebart Vakhayeva's claim.
76. On 30 July 2003 Rebart Vakhayeva requested the President of the Supreme Court of the Chechen Republic to inform her when her claim would be considered.
77. On 15 August 2003 the President of the Urus-Martan Town Court informed the President of the Supreme Court of the Chechen Republic that the investigation in criminal case No. 24048 had been resumed as of 15 July 2003.
78. On 12 September 2003 Rebart Vakhayeva requested the Supreme Court of the Chechen Rep



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