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Постановление Европейского суда по правам человека от 18.06.2009 «Дело Магомадова (Magomadova) против России» [англ.]





34. On 20 April 2004 the applicant again complained to the district prosecutor's office. She described in detail the circumstances of her son's abduction and pointed out that the abductors had failed to produce any documents for his arrest; that they had taken her son's passport and told her that she would find him the next morning at the VOVD.
35. On 7 February 2005 the applicant again wrote to the district prosecutor's office. In her letter she provided a detailed description of her son's abduction by officers of Urus-Martan law enforcement agencies and his subsequent disappearance. She pointed out that none of the local law enforcement agencies had acknowledged involvement in her son's abduction. The applicant stated that there was irrefutable evidence that her son had been abducted by representatives of State authorities. She pointed out that her son's abductors had used an APC and a military URAL vehicle, which could have been used only by federal forces; that the abduction had been conducted at night, during the curfew, and that the abductors must have coordinated their actions with the district military commander's office; that the abductors spoke unaccented Russian and were wearing camouflage uniform typical for Russian federal forces; that when on 12 April she had complained to the authorities about her son's abduction, they had failed to assist her in the search, which would not have been the case if they had suspected the involvement of illegal armed groups in the incident; that the abductors had driven away with her son in the direction of the Russian military checkpoint and that a passage of any unauthorised vehicle would not have been possible without the authorities' permission. Further, the applicant complained about ineffectiveness of the investigation in criminal case No. 61074 and the lack of access to the criminal case file materials. She requested the prosecutor's office to take the following investigative measures: to establish the identity of the owners of the APC and the military URAL car; to question the vehicles' drivers and seize all related documentation; to identify and question the staff of local law enforcement agencies; to establish the identity of and question witnesses to her son's abduction; to examine and collect documentation from local detention centres on the possible detention of Ibragim Uruskhanov, and to question the heads of local law enforcement bodies. Finally, she requested the investigators to resume the investigation and provide her with access to the investigation file.
36. On 22 February 2005 the district prosecutor's office informed the applicant that on 9 February 2005 they had allowed her complaint in part and on 22 February 2005 they had resumed the investigation in the criminal case.
37. On 12 April 2005 the applicant wrote to the district prosecutor's office requesting information on the progress of the investigation in the criminal case.
38. On 15 April 2005 the district prosecutor's office informed the applicant that on 22 March 2005 they had suspended the investigation in the criminal case for failure to establish the identity of the perpetrators.
39. On 20 December 2005 the applicant wrote to the district military commander and requested assistance in the search for her son. She complained that her son had been abducted by Russian servicemen, who had arrived in an APC and a military URAL vehicle, provided a detailed description of her son's abductors and pointed out that the abductors had left in the direction of the military checkpoint.
40. On 26 June 2006 the applicant again requested the district prosecutor to inform her about the progress in the criminal case. The applicant stated that her son had been abducted by Russian federal servicemen; that there were a number of pieces of evidence proving the involvement of the Rus



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