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





een an active member of an illegal armed group.
70. On 15 December 2005 the district prosecutor's office quashed the decision of 7 January 2005 and resumed the investigation.
71. On 15 January 2006 the investigation in case No. 61147 was suspended.
72. On 16 March 2006 the district prosecutor's office resumed the proceedings.
73. On 27 March 2006 the district prosecutor's office ordered the ROVD, Operational and Search Bureau No. 2, the temporary group of forces of the Ministry of the Interior in the Chechen Republic and the FSB department of the Urus-Martan District to carry out investigative measures to identify the perpetrators. It follows from the replies received that none of these bodies obtained any information.
74. On 26 March 2006 Ms Z.T., Saydi Malsagov's niece, was questioned and stated that on the night of her uncle's kidnapping she had been awakened by a loud knocking on the door and seen several armed masked men in camouflage uniforms standing in the room. They had been speaking Russian. Then the men had left the room and closed the door. Some ten minutes later Ms Z.T. had gone to the courtyard and learned that the men had taken her uncle away.
75. Between 27 and 29 March 2006 three neighbours of the applicants were questioned as witnesses and stated that they had not seen Saydi Malsagov being taken away but knew him as a decent man.
76. On 27 March 2006 the district prosecutor's office sent requests for information on Saydi Malsagov's arrest or detention to various prosecutors' offices of towns and districts of the Chechen Republic. The replies received were negative.
77. On 5 April 2006 the first applicant was again questioned and stated that she had nothing to add to her previous declarations.
78. On 16 April 2006 the investigation in case No. 61147 was suspended for failure to identify those responsible. On the same day the district prosecutor's office ordered the ROVD to search for perpetrators more actively.
79. On 30 June 2006 the district prosecutor's office resumed the investigation.
80. On 30 June 2006 the district prosecutor's office ordered the ROVD, Operational and Search Bureau No. 2, the temporary group of forces of the Ministry of the Interior in the Chechen Republic and the FSB department of the Urus-Martan District to carry out investigative measures to identify the perpetrators. It follows from the replies received that none of these bodies provided any information.
81. On 10 July 2006 the district prosecutor's office sent requests concerning Saydi Malsagov to the Achknoy-Martan interdistrict prosecutor's office, remand prison No. IZ-4/1, the commander of the United Group Alignment and the military commander of the Chechen Republic. These bodies did not have any relevant information.
82. Between 6 and 21 July 2006 the district prosecutor's office questioned six of the applicants' neighbours. All of them stated that on the night of Saydi Malsagov's disappearance they had stayed at home and seen nothing.
83. On 30 July 2006 the investigation was again suspended.
84. On 10 April 2008 the Investigative Committee of the prosecutor's office of the Chechen Republic resumed the investigation and gave a number of instructions to law-enforcement agencies.
85. Despite a specific request by the Court the Government did not submit a copy of the file in criminal case No. 61147, providing only copies of several decisions to suspend and resume the investigation and to grant victim status. Relying on the information obtained from the Prosecutor General's Office, the Government stated that the investigation was in progress and that disclosure of the documents would be in violation of Article 161 of the Russian Code of Criminal Procedure, since the file contained info



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