/>
2. The Government's account
74. On 18 May 2004 the Grozny court received a complaint by the fourth applicant dated 15 March 2004 about the decision to suspend the investigation into the kidnapping of his son Rustam Achkhanov. In his complaint the fourth applicant reported the following. On 18 July 2001 the car in which Aslan Dokayev and Rustam Achkhanov had been riding had been fired at by servicemen in the village of Raduzhnoe. Aslan Dokayev and Rustam Achkhanov had been wounded and taken away to an unknown destination. On the same date servicemen had kidnapped Amir Magomedov and Ali Uspayev.
75. The Grozny court accepted the complaint, scheduled a hearing for 4 June 2004 and notified the fourth applicant accordingly. The latter failed to attend the hearing. On 4 June 2004 the Grozny court was informed that the investigation was pending before the circuit prosecutor's office and transferred the fourth applicant's complaint to the Rostov court pursuant to procedural rules.
76. On 9 July 2004 the Rostov court accepted the fourth applicant's complaint for processing. The fourth applicant was notified accordingly and replied that he could not attend a hearing on a particular date.
77. The Rostov court requested the case file from the circuit prosecutor's office. It was revealed that on 22 November 2002 the Main Military Prosecutor's Office had been ordered to transfer the case file to the UGA prosecutor's office. Following an additional inquiry that had not proven the involvement of servicemen in the kidnappings of 18 July 2001 in the village of Raduzhnoe the case file was transferred to the prosecutor's office of the Chechen Republic on 19 February 2003. On 27 February 2003 the case file was sent to the district prosecutor's office. On 25 August 2004 the case was sent to the prosecutor's office of the Chechen Republic. On 19 November 2004 it was transferred to the UGA prosecutor's office.
78. On 30 August 2004 the Rostov court received a complaint by the first, second and fourth applicants challenging the decision of 18 June 2001 to suspend the investigation concerning their missing relatives.
79. On 19 January 2005 the unit prosecutor's office informed the Rostov court of the following. On 30 September 2004 the prosecutor's office of the Chechen Republic had quashed the decision of 18 June 2002. On 8 November 2004 the district prosecutor's office had again suspended the proceedings. On 19 January 2005 the unit prosecutor's office had quashed the decision of 8 November 2004 and resumed the investigation concerning both the presumed killing and the kidnapping of 18 July 2001.
80. On 20 January 2005 the Rostov court examined the materials before it and dismissed the applicants' complaint for the reason that the contested decision had already been quashed. On 24 January 2005 the first, second and fourth applicants were sent copies of the Rostov court's decision.
81. The decision of 20 January 2005 was not appealed against.
II. Relevant domestic law
82. For a summary of relevant domestic law see Akhmadova and Sadulayeva v. Russia (No. 40464/02, §§ 67 - 69, 10 May 2007).
THE LAW
I. The Government's objection regarding
non-exhaustion of domestic remedies
A. The parties' submissions
83. The Government contended that the complaint should be declared inadmissible for non-exhaustion of domestic remedies. They submitted that the investigation into the disappearance of Amir Magomedov, Ali Uspayev, Aslan Dokayev and Rustam Achkhanov had not yet been completed. They further argued that the applicants had not appealed against the decision of the Rostov court. It was also open to the applicants to complain of t
> 1 2 3 ... 6 7 8 ... 19 20 21
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
