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

ublic to act as a court of first-instance in her case against the Urus-Martan District Prosecutor's Office.
79. On 7 October 2003 the Deputy President of the Supreme Court of the Chechen Republic informed Rebart Vakhayeva that the criminal investigation in case No. 24048 had been resumed and was to be completed in one month. Her complaint, together with her claims against the Urus-Martan District Prosecutor's Office, were therefore forwarded to the Prosecutor's Office of the Chechen Republic.
80. On 22 July 2004 Rebart Vakhayeva filed a new complaint in the Urus-Martan Town Court against the Urus-Martan District Prosecutor's Office. She challenged their failure to conduct an effective investigation.
81. On 14 September 2004 the Urus-Martan Town Court granted Rebart Vakhayeva's complaint and declared the failure to act on the part of the Urus-Martan District Prosecutor's Office unlawful. The court ordered that her request of 21 May 2004 to bring criminal charges against officers of the Urus-Martan VOVD, exhume the bodies re-buried in Goyskoye and allow her access to the case file be dealt with by the prosecutor's office.
82. On 3 December 2004 Rebart Vakhayeva filed another complaint with the Urus-Martan Town Court against the Urus-Martan District Prosecutor's Office. She challenged their failure to charge the officers of the department of the interior with criminal offences related to the abduction and, possibly, the murder of her son, the failure to give her access to the case file and to take measures to identify the bodies re-buried in Goyskoye.
83. On 28 December 2004 the Urus-Martan Town Court granted her complaint in part and ordered the Urus-Martan District Prosecutor's Office to take measures in relation to the unidentified bodies. The remainder of the complaint was dismissed.
84. On 18 January 2005 Rebart Vakhayeva appealed.
85. On 9 February 2005 the Supreme Court of the Chechen Republic dismissed her appeal and upheld the judgment of 28 December 2004.

D. The Court's request to submit the investigation file

86. Despite the Court's repeated requests, the Government did not submit a copy of the investigation file into the abduction of Yusup Satabayev. They 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. The decisions reiterated that Mr G., Kazbek Vakhayev, Mr Ch. and Yusup Satabayev were apprehended on 1 August 2000. Relying on the information obtained from the Prosecutor General's Office, the Government stated 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 the witnesses or other participants in criminal proceedings.
87. Despite the Court's specific request, made after the decision of 11 September 2008 as to the admissibility of the application, to submit copies of all documents related to Yusup Satabayev's arrest on 23 February 2000 and subsequent detention, including the decisions to remand him in custody and to release him and an extract from the detention facility register confirming his release, the Government submitted no documents.

II. Relevant domestic law

88. Until 1 July 2002 criminal-law matters were governed by the 1960 Code of Criminal Procedure of the RSFSR (Russian Soviet Federative Socialist Republic). On 1 July 2002 the old Code was replaced by the Code of Criminal Procedure of the Russian Federation.
89. Article 125 of the new CCP provides for judicial review of decisions by investigators and prosecutors that might infringe the c

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