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Постановление Европейского суда по правам человека от 28.05.2009 «Дело Ненкаев и другие (Nenkayev and others) против России» [англ.]





Nenkayev to the prosecutor's office of the Urus-Martan District ("the district prosecutor's office").
36. On 15 August 2002 the district prosecutor's office instituted criminal proceedings in connection with "the kidnapping of Isa and Muslim Nenkayev by unidentified persons in camouflage uniforms", under Article 126 § 2 of the Russian Criminal Code (aggravated kidnapping), and notified the first applicant accordingly. The file was assigned the number 61116.
37. On 19 August 2002 the unit prosecutor's office informed the first applicant that law-enforcement agencies of Urus-Martan had not carried out any special operations in June 2002.
38. On 10 September 2002 the National Public Commission for Investigation of Offences and Protection of Human Rights in the North Caucasus requested the military prosecutor's office of the North Caucasus Circuit ("the North Caucasus prosecutor's office") to investigate the first applicant's allegations of Muslim Nenkayev's kidnapping by armed federal servicemen in masks and camouflage uniforms, and to search for him. On 25 September 2002 the North Caucasus prosecutor's office forwarded the request to the unit prosecutor's office "for a thorough investigation".
39. On 4 April 2003 the first applicant requested an update on progress in the investigation in case No. 61116 from the district prosecutor's office. In reply, he was informed on 11 April 2003 that the investigation instituted on 15 August 2002 had been suspended on 15 October 2002 for failure to identify the perpetrators, and that an active search for Muslim Nenkayev and those involved in his kidnapping was under way.
40. By letter of 25 April 2003 the North Caucasus prosecutor's office informed the first applicant that his request concerning the search for Muslim Nenkayev had been referred to the military prosecutor's office of the United Group Alignment ("the UGA prosecutor's office").
41. On 8 May 2003 the Chief Military Prosecutor's Office forwarded the applications of several residents of the Chechen Republic relating to the disappearance of their relatives, including that of the first applicant, to the UGA prosecutor's office for examination.
42. On 12 May 2003 the UGA prosecutor's office forwarded the first applicant's request to the unit prosecutor's office. On the same date the South Federal Circuit Department of the Prosecutor General's Office informed the first applicant that they had transmitted his complaint about the unlawful detention and subsequent disappearance of his son to the prosecutor's office of the Chechen Republic.
43. By letter of 9 June 2003 the prosecutor's office of the Chechen Republic instructed the district prosecutor's office to conduct "a thorough and full investigation" into the circumstances of the kidnapping of Muslim Nenkayev and the third applicant and verify whether military personnel had been involved.
44. On 17 June 2003 the unit prosecutor's office notified the first applicant that no involvement of military personnel in the kidnapping of his son had been established.
45. On 11 July 2003 the UGA prosecutor's office transmitted the applications of the first applicant and several other residents of the Chechen Republic concerning the kidnapping of their relatives to the unit prosecutor's office and asked if there was any information concerning the whereabouts of those missing and whether military servicemen had participated in the kidnappings.
46. On 15 July 2003 the prosecutor's office of the Chechen Republic, in reply to the first applicant's complaint that the district prosecutor's office had taken no action, informed him that the criminal proceedings instituted on 15 August 2002 in respect of the kidnapping of his son and suspended on 15 Octobe



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