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





ntry wounds to the heads and bodies of the applicants' deceased relatives and to the extremities of some of them, and state that any of those wounds could have been lethal and that the death of each of the applicants' relatives occurred in the period from one to five days prior to the date on which the corpses were examined, namely 9 April 2004. The report drawn up in respect of Sharip Elmurzayev also states that the left eye is missing, that both jaws are broken and that the lower teeth are missing as a result of gunshot wounds to the head. The report drawn up in respect of Isa Khadzhimuratov attests "the traumatic amputation" of the teeth on the right side of both jaws but does not specify what the cause of that amputation was, and when it occurred. The reports also state that it is impossible to answer the other questions regarding the corpses without carrying out a full forensic medical examination of them.

2. Domestic courts' decisions

67. The Government also submitted a judgment of Prikubanskiy District Court of the Republic of Karachayevo-Cherkessia, dated 8 September 2004, and a decision of the Supreme Court of the Republic of Karachayevo-Cherkessia, dated 19 October 2004, by which a plaintiff had been awarded a certain amount in respect of non-pecuniary damage inflicted by the unlawful actions of a prosecutor's office.

II. Relevant domestic law

68. For a summary of the relevant domestic law see Kukayev v. Russia, No. 29361/02, §§ 67 - 69, 15 November 2007.

THE LAW

I. Striking out of the list

69. In a letter of 12 October 2005 the applicants informed the Court of the death of the thirty-fourth applicant. They submitted, in particular, that he had been abducted by unknown armed men from his home on 2 April 2005 and that his dead body had been found in a river on 8 May 2005. They did not provide any further information concerning the abduction and death of the thirty-fourth applicant, either in their letter of 12 October 2005 or in their observations of 7 May 2008. They also did not indicate whether the aforementioned incident should form part of the present application.
70. In their observations of 7 May 2008 the applicants further informed the Court that the twenty-eighth applicant wished to withdraw from the case. They did not provide any further explanations.
71. The Court does not consider that the alleged abduction and death of the thirty-fourth applicant forms part of the present application, given the absence of any indication to that effect or more detailed information and documentary evidence from the applicants.
72. It further observes that the twenty-eighth and thirty-fourth applicants brought their complaints, referring to the abduction and death of Zelimkhan Osmayev and Idris Elmurzayev respectively, along with several other relatives of the said two men. Accordingly, the fact that the aforementioned two applicants can no longer be listed among the applicants does not affect the examination of the present application in so far as it concerns the complaints in respect of Zelimkhan Osmayev and Idris Elmurzayev. Against this background, the Court, in so far as the twenty-eighth and thirty-fourth applicants' complaints are concerned, considers it appropriate to strike the application out of its list, in accordance with Article 37 § 1 (c) of the Convention (see, mutatis mutandis, Kutepov and Anikeyenko v. Russia, No. 68029/01, § 39, 25 October 2005).

II. The Government's objection

73. The Government argued that the investigation into the abduction and murder of the applicants' eight relatives had not been completed, and that therefore the domestic remedies had not been exhausted in respect of the applicants' complaints.
74. The applicants called in



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