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Постановление Европейского суда по правам человека от 11.06.2009 «Дело Халитова и другие (Khalitova and others) против России» [англ.]





the prosecutor's office of the Chechen Republic to inform them which prosecutor's office was in charge of the investigation and to report on its results.
47. On 9 November 2004 the second, third and fourth applicants complained to the district prosecutor's office and the prosecutor's office of the Chechen Republic that they had not been given any information about the investigation into their relatives' deaths and requested that they be informed immediately of the outcome of the investigation.
48. On 9 November 2004 the district prosecutor's office forwarded the investigation file in case No. 19109 into the murder of Aslan Dokayev and Rustam Achkhanov and the kidnapping of Amir Magomedov and Ali Uspayev to the prosecutor's office of the Chechen Republic. The cover letter stated that "the investigation [had] established that the crimes had been committed by servicemen of military unit No. 3499". The prosecutor's office of the Chechen Republic was also asked to consider forwarding the file to the UGA prosecutor's office.
49. On 31 December 2004 the unit prosecutor's office informed the first, second and fourth applicants that the investigation in case No. 14/33/04-05 D had been commenced on 18 July 2001 and that the investigation file had been forwarded to the circuit prosecutor's office on 13 August 2001 and had not been returned to the unit prosecutor's office.
50. On 31 March 2005 the fourth applicant wrote to the Main Military Prosecutor's Office of Russia complaining of the abduction and disappearance of his son and Aslan Dakayev. In reply, on 11 April 2005, he was informed that the complaint had been forwarded to the UGA prosecutor's office.
51. It appears that the investigation into the disappearance and death of the applicants' relatives has not been completed to date.

2. Information submitted by the Government

52. On 18 July 2001 the district prosecutor's office instituted a criminal investigation into the murder of Aslan Dokayev and Rustam Achkhanov under Article 105 § 2 of the Russian Criminal Code (aggravated murder). The case was assigned the number 19109. Later the case file was transferred to the unit prosecutor's office to verify the hypothesis of the involvement of servicemen of the Internal Troops in the crime and assigned the number 14/33/0405-01.
53. On 13 August 2001 the case was transferred to the circuit prosecutor's office and assigned the number 14/00/0019-01.
54. In February 2003 the case was returned to the district prosecutor's office under the number 19109 because the involvement of the servicemen of the Internal Troops in the crime had not been proven.
55. On 3 November 2004 the district prosecutor's office instituted a criminal investigation into Amir Magomedov and Ali Uspayev's disappearance following their abduction by unknown persons under Article 126 § 2 of the Russian Criminal Code (aggravated kidnapping). The case was assigned the number 34113 and then joined to case No. 19109.
56. On 8 November 2004 case No. 19109 was transferred pursuant to the jurisdiction rules to the UGA prosecutor's office and then accepted for processing by the unit prosecutor's office under the number 34/33/0405-01. On the same date the investigation was suspended for failure to identify those responsible.
57. On 19 January 2005 the unit prosecutor's office quashed the decision of 8 November 2004 and resumed the investigation in case No. 34/33/0405-01.
58. The circumstances in which Aslan Dokayev and Rustam Achkhanov were shot at were uncertain. Witnesses claimed that Aslan Dokayev and Rustam Achkhanov had either been wounded or killed by servicemen and that their bodies had then been put in the APCs. The servicemen who had been present at the scene



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