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Постановление Европейского суда по правам человека от 23.04.2009 «Дело Гакиев и Гакиева (Gakiyev and Gakiyeva) против России» [англ.]





the town prosecutor's office suspended the investigation in case No. 26075 for failure to identify those responsible and notified the first applicant accordingly.
21. On 29 March 2004 the town prosecutor's office informed the applicants that the investigation in case No. 26075 had been resumed.

2. Information submitted by the Government

22. On 1 December 2003 the town prosecutor's office instituted an investigation into aggravated kidnapping in case No. 26075.
23. On an unspecified date the house at 33 the Eighth of March Lane was inspected as a crime scene. Nothing was found or collected there.
24. On an unspecified date the second applicant was granted victim status and questioned. She stated that on 30 November 2003 she had been at home with her husband and son. At about 2 a.m. her son had heard someone knocking at the door; the first applicant had told him to open it. Then armed men in camouflage uniforms and helmets had burst inside the house; two of them had had night vision devices. They had started beating her son and husband. One of the armed men had thrown something inside the house and the house had caught fire. The second applicant had taken her unconscious husband outside the house. In the meantime the armed men had put her son in an APC and driven away. The second applicant had not seen how many APCs had been there. The unknown men had taken away an {attache} case with documents. The house had been destroyed by fire. Later, the second applicant had learned that two other young men had been kidnapped on the same night under similar circumstances.
25. On unspecified dates the investigators granted victim status to Mr and Ms Elmarzayev, the parents of the two kidnapped young men, and questioned them. The Elmarzayevs stated that on 30 November 2003 an APC had driven into their courtyard. Then unknown armed men in camouflage uniforms and masks had entered their house and beaten up Mr Elmarzayev and his sons Khuseyn and Khaseyn. One of the armed men had thrown something inside the house and it had caught fire. Khuseyn and Khaseyn Elmarzayev had been taken out of the house, put inside the APC and driven away. Mr and Ms Elmarzayev had not seen the APC's registration number.
26. The investigators questioned Mr B., the applicants' neighbour, as a witness. He stated that on 30 November 2003 he had been awakened by the sound of the second applicant screaming, who had then told him about her son's abduction.
27. Ms I., Ms D. and Ms Dzh., the Elmarzayevs' neighbours, stated that on 30 November 2003 they had been awakened by the noise of APCs driving past. Then they had seen that the Elmarzayevs' house was burning and learned that Khuseyn and Khaseyn Elmarzayev had been kidnapped.
28. The commander of the UGA headquarters and the aide of the head of the Temporary Joined Group of Bodies and Units of the Russian Ministry of the Interior ("VOGOiP") informed the investigators that no special operations had been carried out in Argun on the night of 30 November 2003. The VOGOiP had no information on the kidnapping of Idris Gakiyev and the Elmarzayev brothers and had no APCs in their armouries.
29. On an unspecified date the first applicant was also questioned. He stated that he had been told by an undisclosed source in the FSB that his son had been kidnapped by servicemen of the internal troops of the Ministry of the Interior and then kept in the territory of the Khankala base together with Mr Ch.
30. Mr Elmarzayev was questioned again and stated that he had learned from an undisclosed source that the commander of "the oil regiment" could have been involved in his sons' kidnapping.
31. Later, Mr Elmarzayev stated that shortly before the kidnapping unknown men who had identified themselves as police officers had visited his house on two occasions and



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