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2. Information submitted by the Government
40. On 8 September 2002 the district prosecutor's office opened a criminal investigation into the deaths of Kazbek Taysumov, Zulpat Eskirkhanova and Ayshat Eskirkhanova under Article 109 § 2 of the Russian Criminal Code (manslaughter by improper performance of one's professional duties). The case file was assigned the number 56136. In so far as relevant, the decision read as follows:
"At 9.25 p.m. on 7 September 2002 17 or 18 shots were fired from the village of Khankala [aiming] at the outskirts of the village of Chechen-Aul in the Groznenskiy District of the Chechen Republic. As a result of the direct hit [of a shell] on the unnumbered house at Molodezhnaya Street that belonged to the Taysumov family three persons died: K. Taysumov, his wife Z. Eskirkhanova and their daughter Ayshat."
41. On 8 September 2002 the applicants requested the district prosecutor's office not to carry out an autopsy on the dead bodies of their relatives for religious reasons.
42. On 9 September 2002 the district prosecutor's office granted the first applicant victim status in case No. 56136 and questioned him.
43. On the same date the district prosecutor's office granted victim status to two of Kazbek Taysumov's neighbours, Ms B. and Mr Yu., and questioned them. Ms B. stated that at 9.30 p.m. on 7 September 2002 an artillery bombardment had begun and that during the attack she had had the impression that shells had been falling from every direction. Mr Yu. stated that at 9.30 p.m. on 7 September 2002 he had heard the noise of artillery shots and a few seconds later the sound of explosions. He further noted that two shells had fallen into his kitchen garden and that a hole had been punched in the roof of his house.
44. On 10 September 2002 the district prosecutor's office decided to transfer the case file to the unit prosecutor's office pursuant to the subject-matter jurisdiction rules. In so far as relevant, the decision read as follows:
"The case materials collected in the course of the preliminary investigation fully proved that the crime had been committed by servicemen of the federal military forces. The witnesses... submitted that the shellfire had come from the village of Khankala and the location of the guard-post at the crossroads of the route Baku - Rostov - Grozny - Shatoy and from the direction of the village of Starye Atagy of the Groznenskiy District. Units of the federal troops that were stationed there had artillery pieces and mortars. All witnesses questioned submitted that flashes at the time of the shelling had been seen exactly where the military units had been located.
Identical fragments of shell fuse housings marked "RMG-2 16-82" found at the scene of the incident confirm in full the fact that Chechen-Aul was shelled by the military. Only military units are equipped with shells bearing such marks.
Shell craters at the scene of the incident indicated that the shells had been fired exactly from the places where the above-mentioned military units of the Russian Federation had been located. Units of the Ministry of the Interior located in the vicinity of Chechen-Aul had no artillery pieces or mortars."
45. On receipt by the unit prosecutor's office, the case file was assigned the number 14/33/0621-02. At some point the number was changed to 34/33/0621-02.
46. On an unspecified date in 2002 a commission composed of senior officers of the United Group Alignment and officers of the Ministry of the Interior carried out an inquiry into the explosions in Chechen-Aul. The commission established that no aeroplanes, artillery ordnance or engineering weapons had been used there. It further concluded that the explosions had presumably been caused by spontaneous detonation of several landmines, which had been placed by i
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