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Постановление Европейского суда по правам человека от 23.04.2009 «Дело Битиева и другие (Bitiyeva and others) против России» [англ.]





oned the commander of the battalion "West", who had made statements similar to those of the deputy commander, and examined the register confirming that no motor vehicles, including armoured vehicles, had been used on 27 March 2004.
61. On 12 and 22 April 2004 the investigating authorities questioned a number of residents of Duba-Yurt, including the twenty-seventh applicant, who made similar statements to the effect that during the night of 27 March 2004 they had seen military vehicles, in particular, an armoured personnel carrier and an UAZ vehicle, moving in their village. According to the Government, the twenty-seventh applicant did not mention during his witness interview with the investigating authorities that the men who had abducted his relative had been wearing the uniforms of the special fast deployment team ("SOBR"), as he did in his submissions to the Court.
62. On 24 April 2004 case No. 36025 was joined with case No. 32026 opened in connection with the abduction and murder of a resident of Grozny, whose dead body had been found on 9 April 2004 along with the bodies of the applicants' eight relatives. The case file was assigned the number 32026.
63. The Government did not provide any further information regarding the investigation.

B. Documents submitted by the Government

1. Documents from the investigation file

64. In September 2007, when the application was communicated to them, the Government were invited to produce a copy of the investigation file in criminal case No. 32026 opened in connection with the abduction of the applicants' relatives and discovery of their dead bodies. The Government produced several documents but refused to submit the entire file stating that, under Article 161 of the Russian Code of Criminal Procedure, disclosure of the documents was contrary to the interests of the investigation and could entail a breach of the rights of the participants in the criminal proceedings. They also submitted that they had taken into account the possibility of requesting confidentiality under Rule 33 of the Rules of Court, but noted that the Court provided no guarantees that once in receipt of the investigation file, the applicants or their representatives would not disclose these materials to the public. According to the Government, in the absence of any sanctions in respect of applicants for the disclosure of confidential information and materials, there were no guarantees concerning compliance by the applicants with the Convention and the Rules of Court. At the same time, the Government suggested that a Court delegation could be given access to the file in Russia, with the exception of those documents containing military and State secrets, and without the right to make copies of the case file.
65. The documents submitted by the Government included:
(a) four reports of 29 March 2004 on inspection of crime scenes at the houses at 73 Nuradilova Street from which Apti Murtazov had been taken, at 15 Rodnikovaya Street from which Bayali Elmurzayev had been taken, at 21 Rodnikovaya Street from which Khusin and Isa Khadzhimuradov had been taken, at 23 Rodnikovaya Street from which Idris Elmurzayev had been taken, and 10 Partizanskaya Street from which Sharip Elmurzayev had been taken;
(b) a letter of 29 March 2004 by which the prosecutor of the Shali District sent the materials concerning "the abduction by unidentified persons on 27 March 2004 in Duba-Yurt" of the applicants' eight relatives to the office of the interior of the Shali District "for registration";
(c) reports of 12 April 2004 drawn up by a forensic medical expert in respect of the dead bodies of each of the applicants' relatives on the basis of the transcripts of examination of the corpses performed on 9 April 2004.
66. The reports of 12 April 2004 attest the presence of multiple gunshot e



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