d and that in spite of the investigators' efforts it had been impossible to establish the identity of the culprits. Around the same time the investigators had forwarded requests for information concerning the whereabouts of Murad Khachukayev to various law enforcement agencies in Chechnya; they had identified and questioned a number of witnesses but had failed to obtain any meaningful information. According to the witness, on 5 February 2003 the Urus-Martan area was under curfew and representatives of law enforcement agencies or the military could not move around freely without the permission of the local military commander.
84. On 25 June 2008 the investigators exhumed the remains of Murad Khachukayev from the cemetery on the outskirt of Goyty. The applicant was present during the procedure. On the same date the investigators took samples of the applicant's blood and decided to conduct a DNA test of the remains to establish whether there was a blood relationship between them and the applicant. According to the Government, as of February 2009 the testing has not yet been completed.
85. On 27 June 2008 the investigators questioned the current head of the Goyty village administration, Mr A.D., who stated that in 2003 unidentified armed men had abducted Murad Khachukayev, and that some time later human remains had been found and the applicant and his relatives had identified them as belonging to Murad Khachukayev. The witness gave a good character reference to Murad Khachukayev and stated that the latter had not participated in illegal activities against the federal forces.
86. On 15 August 2008 the investigators questioned Mr A. Dzh., who had been the head of the Goyty village administration at the material time. His statement concerning the events in 2003 was similar to that of Mr A.D.
87. According to the Government, the criminal case file did not contain any evidence demonstrating that a special operation had been conducted on the night of 4 - 5 February 2003 in Goyty.
88. The Government further submitted that the theory of the involvement of special forces (спецподразделений) in the abduction of Murad Khachukayev had not been confirmed by the investigation. According to the information obtained from various departments of the Ministry of the Interior (the MVD), the Federal Security Service (the FSB) and other law enforcement agencies, they had not detained Murad Khachukayev, had never opened any criminal proceedings against him and had not placed him in detention.
89. Finally, the Government submitted that although the investigation had failed to establish the identity of the perpetrators of Murad Khachukayev's abduction and murder, it was still in progress.
3. The Court's requests to submit the investigation file
90. When the application was communicated to the respondent Government the Court requested it to submit a copy of the entire investigation file No. 34023. However, despite the specific request from the Court the Government refused to submit a copy of the entire investigation file in the criminal case, stating with reference to the information obtained from the Prosecutor General's office that the investigation was in progress and that disclosure of the documents would be in violation of Article 161 of the Code of Criminal Procedure, since the file contained information of a military nature and personal data concerning the witnesses. The Government submitted only several documents, which included:
(a) a procedural decision dated 12 February 2003 to institute criminal proceedings in connection with Murad Khachukayev's abduction;
(b) a procedural decision dated 21 February 2003 to grant the applicant victim status in criminal case No. 34023;
(c) procedural decisions concerning suspensions and resumptions of the investigation in case No. 34023;
(d) i
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