Постановление Европейского суда по правам человека от 14.05.2009 «Дело Турлуева и Хамидова (Turluyeva and Khamidova) против России» [англ.]

an identity and registration regime check was carried out in the village of Alleroy.
11. At about 10 a.m. on 25 October 2000 at least ten unidentified armed men wearing camouflage uniforms took Aslanbek Khamidov away from the house at 11 Tolstoy Street in the village of Alleroy.

B. The search for Aslanbek Khamidov and the investigation

1. The applicants' account

12. On 1 March 2001 the prosecutor's office of the Chechen Republic forwarded the application lodged by the NGO Memorial concerning Aslanbek Khamidov's disappearance to the Argun interdistrict prosecutor's office ("the interdistrict prosecutor's office") and ordered that an inquiry be carried out and a criminal case be opened if necessary. They commented that Aslanbek Khamidov had been "arrested by unidentified armed men in camouflage uniforms in the course of a registration regime check [in the village of Alleroy]".
13. On 18 April 2001 the interdistrict prosecutor's office instituted an investigation into Aslanbek Khamidov's kidnapping under Article 126 § 2 of the Russian Criminal Code ("aggravated kidnapping"). The case was assigned the number 39024.
14. On 18 June 2001 the interdistrict prosecutor's office suspended the investigation in case No. 39024 for failure to identify those responsible.
15. On 23 June 2001 the department of the interior of the Kurchaloyevskiy District ("ROVD") opened search case No. 30/15 in relation to Aslanbek Khamidov's kidnapping.
16. On 24 December 2001 the interdistrict prosecutor's office notified the first applicant of the suspension of the investigation. They observed, inter alia, the following:
"The investigation has established that at 10 a.m. on 25 October 2000... unidentified servicemen of the military arrested A. Khamidov and took him away in an unknown direction. A. Khamidov's whereabouts have not been established to date."
17. On 14 February 2002 the prosecutor's office of the Chechen Republic informed the Shali Town Court of the Chechen Republic ("the town court") of the following:
"At about 10 a.m. on 25 October 2000, in the course of a special operation, unidentified servicemen of the federal armed forces arrested Aslanbek Khamidov at 11 Tolstoy Street, the village of Alleroy, the Kurchaloyevskiy District of the Chechen Republic, and drove him away in an unknown direction."
The prosecutor's office of the Chechen Republic further mentioned that the investigation into Aslanbek Khamidov's kidnapping had been opened on 18 April 2001 and suspended on 18 June 2001.
18. On 28 February 2002 the interdistrict prosecutor's office granted the first applicant victim status. The decision read as follows:
"On [the date is illegible] 2000 military servicemen took Aslandek Khamidov away from his home and drove him away in an unknown direction. A. Khamidov's whereabouts are unknown to date."
19. On 15 March 2002 the town court declared Aslanbek Khamidov missing as from 25 October 2000, on the first applicant's request.
20. On 6 September 2002 an investigator of the ROVD questioned Mr T. who stated that on 25 October 2000 he had been arrested in the course of a special sweeping operation. When at the operation control centre, he had seen a number of people with their heads covered with shirts. He had heard and recognised Aslanbek Khamidov's voice but had not seen the latter's face as it had been hidden under the shirt.
21. On 20 November 2002 the prosecutor's office of the Kurchaloyevskiy District ("the district prosecutor's office") informed Mr Kh., a lawyer acting on the applicants' behalf, that case No. 39024 had been opened on 18 April 2001 and that the first applicant - due to her victim status - was entitled to receive copies o



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