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





the security operations be identified and questioned.
40. On 24 March 2005 the Chechnya prosecutor's office informed the third applicant that on an unspecified date the district prosecutor's office had resumed the investigation into her husband's abduction.
41. On 25 April 2005 the district prosecutor's office granted the third applicant victim status in criminal case No. 52158.
42. On 19 May 2005 the seventh applicant wrote to a number of law enforcement agencies, including the Chechnya MVD, the Chechnya prosecutor's office and the military prosecutor of the UGA, and requested assistance in the search for her missing relative. In her letters she stated that he had been abducted by five armed military servicemen in white camouflage uniforms.
43. Early in 2003 the third applicant lodged a claim with the Oktyabrskiy district court of Grozny seeking to have her husband Isa Dokayev declared a missing person. On 30 March 2004 the district court granted her claim and declared Isa Dokayev missing person as of 10 December 2002. On 16 August 2004, upon the third applicant's request, the district court acknowledged the paternity of Isa Dokayev in respect of the fifth and sixth applicants.

2. Information submitted by the Government

44. On 10 December 2002 Isa Dubayev's relative, Mr Sch. B., complained to the Bureau of the Special Envoy of the Russian President in Chechnya for rights and freedoms (the Envoy), stating that Isa Dubayev had been abducted on 10 December 2002 by Russian military servicemen who had arrived in two APCs and a UAZ car. The Envoy forwarded this complaint to the district prosecutor's office for examination.
45. On 10 December 2003 (it appears that the date should be stated as 10 December 2002) an officer of the ROVD conducted a crime scene inspection at 37 Zabolotnogo Street, Grozny. As a result, two 5.45 mm calibre bullets, one 7.62 mm cartridge case and one bullet which was stuck in the TV set were collected from the scene. About a year and a half later, on 15 April 2005, the investigators conducted a second examination of the crime scene at 37 Zabolotnogo Street. As a result, it was established that the house had been abandoned; nothing was collected from the scene.
46. On 16 December 2002 in connection with the abduction of the applicants' relatives, the district prosecutor's office instituted an investigation under Article 126 § 2 of the Criminal Code (aggravated kidnapping). The case file was assigned number 52158. According to the Government, the criminal case was opened upon the report of an operational officer of the ROVD dated 30 December 2002 stating that "on 10 December 2002 unidentified men in white camouflage clothing, armed with automatic weapons, broke into the house at 37 Zabolotnogo Street, where, using weapons and threats of murder, they forcibly took away the employees of the Oktyabrskiy ROVD Ruslan Askhabov and Isa Dubayev and their service weapons. The perpetrators also forcibly took away the owner of the house, Isa Dokayev, and some items of his property". At the same time, according to the Government's memorandum, in connection with the abduction of the applicants' relatives, on an unspecified date the district prosecutor's office also opened criminal case No. 52161.
47. On 2 January 2003 the investigators ordered a ballistic expert evaluation of the bullets and cartridge cases collected from the crime scene. According to the expert's report of 15 January 2003, the cases and bullets were prefabricated and could have been fired from a 5.45 mm weapon or a Kalashnikov machine gun.
48. On 8 January 2003 the district prosecutor's office received the applicants' complaint about the abduction of Ruslan Askhabov, Isa Dubayev and Isa Dokayev. On the same date, 8 January 2003, the tenth applicant and Isa



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