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





four detainees had been released on 14 August 2000.
85. On 8 February 2007 the investigating authorities instructed the head of the Urus-Martan District Department of the Interior (ROVD) to locate the persons held at the detention facility of the Urus-Martan VOVD simultaneously with Yusup Satabayev, Mr G., Kazbek Vakhayev and Mr Ch. The ROVD located seven persons: Mr A.M., Mr M.M., Mr A.E., Mr Kh.D., Mr S.-A.E., Mr Z.V. and Mr A.Z. It appeared impossible to establish the whereabouts of other detainees because they no longer resided in the Chechen Republic.
86. On 11 February 2007 Mr A.E. was questioned. He submitted that at the beginning of August 2000 he had been detained by officers of the Urus-Martan VOVD because he had had no identity documents. He had been held for three days in cell No. 4 with his acquaintances Mr G. and Kazbek Vakhayev. He did not know the reasons for their detention. At the time of his release they were still held in cell No. 4. He had never seen them again.
87. On 22 February 2007 Mr M.M. was questioned. He stated that on 1 August 2000 he had been detained by officers of the Urus-Martan VOVD because he had had no identity documents. He had been held in a cell with Mr G. and Kazbek Vakhayev until 11 August 2000. At the time of his release they remained in detention. He and other detainees had not been subjected to physical or psychological pressure.
88. On 24 February 2007 Mr A.M. was questioned. He made a statement similar to those of Mr A.E. and Mr M.M.
89. Mr Kh.D., Mr A.V., Mr. S. and Mr S.-A.E. were questioned on 13, 15, 18 and 20 February 2007 respectively. They did not provide any relevant information.
90. On 23 April 2008 an inquiry was sent to remand prison SIZO-20/2 concerning Yusup Satabayev. According to the reply, Yusup Satabayev had been detained in SIZO-20/2 until 1 August 2000, when he was transferred to the detention facility of the Urus-Martan VOVD.
91. 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.
92. 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 the first applicant. The replies received did not contain any relevant information.
93. On 27 June 2008 the second applicant 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 to the Court.
94. 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 North-Caucasian 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 carry out the seizure.
95. On 30 September 2008 a special investigative group was set up. It included officers from the Military Investigation Department of the Investigation Committee of the Prosecutor's Office of the Russian Federation.
96. On 8 October 2008 the investigation was suspended on account of the failure to identify the perpetrators.
97. On 18 October 2008 the investigation was resumed.

C. Court proceedings concerning the inactivity of
investigating authorities

98. On 5 January 2003 the first applicant applied to the Urus-Martan Town Court seeking to have th



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