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Постановление Европейского суда по правам человека от 11.06.2009 «Дело Хасуева (Khasuyeva) против России» [англ.]





r access to the investigation file, the court stated that the investigation was still pending and therefore the applicant had no right of access to the file. On 17 August 2004 the Chechnya Supreme Court upheld this decision on appeal.
56. On 15 September 2004 the investigators suspended the investigation in the criminal case for failure to establish the identity of the perpetrators. The applicant was informed about the decision on the same date.
57. On 21 October 2005 the applicant again complained to the Urus-Martan prosecutor's office. She stated that she had not received any response to her request of 16 June 2005 and pointed out that the lack of information concerning the criminal proceedings precluded her from appealing against the actions of the prosecutor's office, which had been procrastinating in the investigation. The applicant requested to be informed about the progress of the investigation and asked the authorities to resume the investigation in the criminal case. No response was given to this complaint.
58. On 25 October 2005 the Urus-Martan prosecutor's office resumed the investigation in the criminal case owing to "the need to carry out a number of investigative actions aimed at solving the crime". The applicant was informed about this decision on the same date.
59. On 25 November 2005 the investigation in the criminal case was suspended for failure to establish the identity of the perpetrators. The applicant was informed about this decision on the same date.
60. On 19 June 2006 the Urus-Martan prosecutor's office resumed the investigation in the criminal case. The applicant was informed about the decision on the same date. The applicant was not informed about further developments in the criminal case.

2. Information submitted by the Government

61. Referring to the information provided by the Prosecutor General's office, the Government stated in their initial submission that upon receipt of the applicant's written complaint about her son's abduction, on 22 December 2001 the Urus-Martan prosecutor's office had opened criminal case No. 25170 under Article 126 of the Criminal Code (kidnapping). At the same time, in their later submission, the Government stated that on 27 October 2001 the district prosecutor's office opened another investigation into the same events and the criminal case file was assigned No. 25140. The investigation of both criminal cases was joined in one criminal case in December 2006 (see paragraph 75 below).
62. According to the Government, the criminal investigation into the abduction of Abu Khasuyev had been suspended on a number of occasions, specifically: on 22 February 2002, 24 March and 4 October 2003, 15 September 2004, 25 November 2005, 19 July 2006 and 12 January 2007, and had been resumed on 20 November 2002, 4 September 2003, 15 August 2004, 25 October 2005, 19 June and 12 December 2006 and 10 April 2008; but it had failed to identify those responsible for the abduction of the applicant's son. However, the applicant had been duly informed about all suspensions and resumptions of the criminal proceedings.
63. According to the Government, on 9 January 2002 the applicant was granted victim status in criminal case No. 25170 and questioned. Nonetheless, in November 2006 the applicant was again granted victim status, this time in criminal case No. 25140, and questioned again (see paragraph 74 below). On both occasions she provided similar statements by describing in detail the circumstances of her son's abduction. She stated that her son had been abducted by military servicemen, who had arrived in a red VAZ-2121 car, a white VAZ-2107 car, and a UAZ vehicle; that the abductors had spoken unaccented Russian and refused to explain the reasons for her son's abduction.
64. On 6 September 2004 the investigators again



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