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





e 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.
99. On 16 April 2003 the first applicant 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".
100. On 1 July 2003 the first applicant 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. The applicant concluded that the court would not consider her claim.
101. On 2 July 2003 the first applicant 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.
102. On 21 July 2003 the President of the Supreme Court of the Chechen Republic sent an enquiry to the Urus-Martan Town Court concerning the progress in the examination of the applicant's claim.
103. On 30 July 2003 the first applicant requested the President of the Supreme Court of the Chechen Republic to inform her when her claim would be considered.
104. 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.
105. On 12 September 2003 the first applicant requested the Supreme Court of the Chechen Republic to act as a court of first-instance in her case against the Urus-Martan District Prosecutor's Office.
106. On 7 October 2003 the Deputy President of the Supreme Court of the Chechen Republic informed the applicant 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.
107. On 22 July 2004 the first applicant 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.
108. On 14 September 2004 the Urus-Martan Town Court granted the first applicant's complaint and declared the failure to act on the part of the Urus-Martan District Prosecutor's Office unlawful. The court ordered that the applicant's 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.
109. On 3 December 2004 the first applicant 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.
110. On 28 December 2004 the Urus-Martan Town Court granted the first applicant's 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.
111. On 18 January 2005 the first applicant appealed.
112. On 9 February 2005 the Supreme Court of the Chechen Republic dismissed the first applicant's a



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