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Постановление Европейского суда по правам человека от 28.05.2009 «Дело Хумайдов и Хумайдов (Khumaydov and Khumaydov) против России» [англ.]





o Zavodskaya Street it followed her.
12. Mr D., a railway station employee, was behind Khava Magomadova on his way to work and saw her and the Gazel turning into Zavodskaya Street. A few moments later, when he reached Zavodskaya Street, he saw the Gazel swaying slightly and no trace of Khava Magomadova.
13. The applicants' neighbour, Ms S.B., saw a blue and a khaki UAZ-469 vehicle with aerials on their roofs moving along Zavodskaya Street towards Lenin Street.
14. Khava Magomadova has not been seen since then.

2. Information submitted by the Government

15. At about 7.40 a.m. on 16 December 2002 Khava Magomadova left her house. She has not been seen since then.

B. The search for Khava Magomadova and the investigation

1. The applicants' account

16. Khava Magomadova had not arrived at her office by 8 a.m. Her colleagues began to worry and went to her house. The first applicant told them that his wife had left for work. The colleagues and the first applicant followed Khava Magomadova's footprints, visible on the fresh layer of snow. The footprints stopped at the crossroads of Frunze and Zavodskaya Streets, where Mr D. had seen the Gazel.
17. The first applicant went to the police station to report his wife's disappearance. Police officers told him that they could not deal promptly with his complaint as they were having a weekly meeting. However, they assigned an investigator to deal with the matter.
18. Later the same day investigators visited the scene of the incident and photographed tyre prints.
19. The first applicant complained about his wife's disappearance to various official bodies, including the Russian President, the Russian State Duma, the Chechen administration and the Chechen State Council. The majority of his complaints were forwarded to prosecutors' offices at different levels.
20. On an unspecified date the State authorities refused to institute criminal proceedings related to Khava Magomadova's disappearance.
21. On 12 February 2003 the prosecutor's office of the Shelkovskoy District ("the district prosecutor's office") informed the first applicant that they had quashed the decision refusing to investigate his wife's disappearance and instituted criminal proceedings under Article 126 § 1 of the Russian Criminal Code ("kidnapping"). The case file was assigned the number 52007.
22. On 12 April 2003 the district prosecutor's office suspended the investigation in case No. 52007 for failure to identify those responsible.
23. On 18 April 2003 the first applicant complained about his wife's kidnapping to the military prosecutor's office of military unit No. 20111 ("the unit prosecutor's office").
24. On 25 April 2003 the military prosecutor's office of the United Group Alignment ("the UGA prosecutor's office") forwarded the first applicant's complaint to the unit prosecutor's office.
25. On 30 April 2003 the prosecutor's office of the Chechen Republic forwarded the first applicant's complaint to the district prosecutor's office.
26. On 16 May 2003 the unit prosecutor's office informed the first applicant that they had no information either on Khava Magomadova's whereabouts or on the implication of any military personnel in her kidnapping.
27. On 28 May 2003 the prosecutor's office of the Chechen Republic forwarded the first applicant's complaint to the district prosecutor's office.
28. On 2 June 2003 the district prosecutor's office resumed the investigation in case No. 52007. On 5 June 2003 they notified the first applicant accordingly and commented that investigative measures were being taken to solve the crime. They also noted that the



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