Постановление Европейского суда по правам человека от 09.04.2009 «Дело Малсагова и другие (Malsagova and others) против России» [англ.]

itness learnt that the military had taken Saydi Malsagov away.
16. The applicants have had no news of their son and brother Saydi Malsagov since that day.

2. The Government's account

The Government submitted that the Prosecutor General's Office had established that on the night of 6 to 7 November 2002 unidentified persons armed with machine guns had entered the applicants' house at 22 Shvernika Street, Urus-Martan, and kidnapped Saydi Malsagov.

B. The search for Saydi Malsagov and the investigation

1. The applicants' account

17. Following Saydi Malsagov's disappearance the applicants repeatedly applied, both in person and in writing, to various official bodies, trying to find out the whereabouts and fate of their relative. They also personally visited places of detention in the Chechen Republic and elsewhere in the North Caucasus. The applications were primarily lodged by the first applicant.
18. In the morning of 7 November 2002 the first applicant visited the local military commander's office, the department of the interior of the Urus-Martan District ("the ROVD"), the prosecutor's office of the Urus-Martan District ("the district prosecutor's office") and the district administration. Everywhere she was told that they did not know who had detained her son or where he was.
19. On 7 November 2002 the first applicant submitted a written application to the district prosecutor's office, to the prosecutor's office of the Chechen Republic, to the military prosecutors, to the local military commander and to the Office of the Special Envoy of the Russian President for Rights and Freedoms in Chechnya. She also wrote to the NGO Memorial Human Rights Centre. In the letters she stated the details of Saydi Malsagov's detention and asked for his whereabouts to be established and his release ensured, as well as for a criminal investigation to be opened into his abduction.
20. On 7 November 2002 the chief executive official of the municipal enterprise APP Energetic where Saydi Malsagov had worked wrote to the head of the district administration and to the military commander asking for assistance in finding and releasing their employee. On 15 November 2002 the district administration forwarded this letter to the ROVD.
21. On 9 December 2002 the prosecutor's office of the Chechen Republic forwarded the first applicant's letter addressed initially to the Special Envoy to the district prosecutor's office with a request to verify the complaint and to inform the applicant accordingly.
22. On 17 January 2003 the first applicant wrote to the military commander of Urus-Martan District and asked him to help her find her son.
23. On 5 April 2003 the military prosecutor's office of the United Group Alignment ("the UGA prosecutor's office") forwarded the first applicant's complaint to the military prosecutor of military unit No. 20102 ("the unit prosecutor's office").
24. On 7 April 2003 the first applicant requested the district prosecutor's office to update her on progress in the investigation in case No. 61147.
25. On 9 April 2003 the Ministry of the Interior of the Chechen Republic forwarded the first applicant's complaint to the ROVD.
26. On 17 April 2003 the district prosecutor's office informed the first applicant that on 13 November 2002 they had opened a criminal investigation into the abduction of her son by unidentified armed men under Article 126 § 2 of the Russian Criminal Code ("aggravated kidnapping"). On 13 January 2003 the investigation was suspended for failure to identify those responsible. The letter further informed the applicant that the ROVD had been instructed to search for Saydi Malsagov more actively.
27. On 25 Apr



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