Главная страницаZaki.ru законы и право Поиск законов поиск по сайту Каталог документов каталог документов Добавить в избранное добавить сайт Zaki.ru в избранное




Постановление Европейского суда по правам человека от 23.04.2009 «Дело Алаудинова (Alaudinova) против России» [англ.]





litary commanders' offices in Chechnya, the military commander's office of the security zone in the Urus-Martan district, departments of the Chechnya Ministry of the Interior (the Chechnya MVD) and the Russian Ministry of the Interior in the Southern Federal Circuit, the Urus-Martan district department of the Federal Security Service (the FSB), military unit No. 6779, military unit No. 90567, the head of the United Group Alignment (the UGA) in the village of Khankala, Chechnya, and the head of detention centre IZ-20/2 in Chernokozovo, Chechnya, Bekkhan Alaudinov had not been apprehended by these agencies, special operations in respect of him had not been conducted, he had not been suspected of participation in illegal armed groups, no criminal investigation had been conducted into his activities, he had not been arrested or detained and his body had not been found.
54. On 27 September 2004 the investigation in criminal case No. 25157 was suspended owing to the failure to identify the perpetrators.
55. On 25 April 2008 the investigation in the criminal case was resumed and the investigators were instructed to take the following investigative actions: to identify the officer whom the applicant had identified as one of her son's abductors; to request information concerning the officers who had manned the checkpoint in Urus-Martan; to identify and question the officers of the district military commander's office who had worked there in November 2001; to request information concerning the hours of the curfew and how long it had been in place at the material time in Urus-Martan; to request information about officers who had worked in the local law enforcement agencies in November 2001; to additionally question the applicant and the witnesses; to identify the military vehicles which had been used during the abduction; and to request from various departments of the interior and detention centres information concerning any criminal charges against Bekkhan Alaudinov or his possible detention on suspicion of committing a crime.
56. The investigation failed to establish the whereabouts of Bekkhan Alaudinov or identify the perpetrators. At the same time, the investigation found no evidence to support the involvement of State agents in the abduction of the applicant's son.
57. According to the Government, the investigation into the abduction of Bekkhan Alaudinov was suspended and resumed on several occasions owing to the failure to identify the culprits. The applicant had been duly informed of all decisions taken during the investigation.
58. Despite specific requests by the Court the Government did not disclose any documents from criminal case No. 25157. The Government stated 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 the disclosure of which would damage the interests of the State and of the participants in the criminal proceedings.

C. Proceedings against law-enforcement officials

59. On an unspecified date in 2004 the applicant lodged a complaint with the Urus-Martan town court. She complained about the failure of the authorities to conduct a thorough and effective investigation into her son's abduction. She sought a ruling obliging the prosecutor's office to conduct an effective and thorough investigation into the abduction, to grant her the status of civil plaintiff in the criminal case and provide her with access to the case file materials.
60. On 13 August 2004 the town court allowed her complaint in part. The court instructed the authorities to conduct an effective and thorough investigation in criminal case No. 25157. The court stated, inter alia:
"...it follows from the criminal case file that the investigation was not conducted thoroughly. For ins



> 1 2 3 ... 6 7 8 ... 16 17 18

Поделиться:

Опубликовать в своем блоге livejournal.com
0.1923 с