Постановление Европейского суда по правам человека от 09.04.2009 «Дело Джабраилова (Dzhabrailova) против России» [англ.]

kidnapping.
25. In a letter of 22 September 2005 the district prosecutor's office informed the applicant's daughter, Ms R. Dzhabrailova, that operational and search activity was under way in criminal case No. 34051 and that she would be notified if any important information emerged.
26. On 15 December 2005 the republican prosecutor's office forwarded Ms R. Dzhabrailova's complaint to the district prosecutor's office with a request for more activity in the investigation, for all necessary measures to be taken to establish the whereabouts of the missing person and for Ms R. Dhzabrailova to be informed of the results of the examination of her complaint.
27. In a letter of 2 January 2006 the district prosecutor's office informed the applicant's daughter that operational and search activity was under way in criminal case No. 34051 opened on 27 April 2003, that during the preliminary investigation the authorities had taken the steps it was possible to take in the absence of the culprits, and that she would be notified if any important information emerged.
28. In a letter of 14 March 2008 the investigator in charge informed Mr L. Dzhabrailov that the investigation in case No. 34051 had been stayed on 4 March 2008 and that it was open to him to challenge this decision in accordance with Articles 124 and 125 of the Russian Code of Criminal Procedure. The letter did not specify the ground on which the investigation had been suspended.
29. According to the applicant, at some point she and her daughter spoke to an official of the district prosecutor's office, who had allegedly said to them that Mr Khanpasha Dzhabrailov had confessed that he had been a participant in illegal armed groups. In the Government's submission, in the criminal investigation file there was a police report, rather than Mr Khanpasha Dzhabrailov's confession, stating that the applicant's son had been a member of illegal armed groups and participated in operations under command of Salman Raduyev, one of the Chechen field commanders. According to the Government, however, this information had not been confirmed during the investigation.
30. In the applicant's submission, since the beginning of 2008 the investigating authorities had visited her house on three occasions and questioned ten witnesses, all of whom had confirmed that Mr Khanpasha Dzhabrailov had been a law-abiding person and had had no enemies.
31. According to the Government, the investigation was repeatedly suspended owing to failure to establish those responsible and then reopened pursuant to supervising prosecutors' orders, but had been unable to date to identify the alleged perpetrators.
32. In the Government's submission, in course of the investigation the investigating authorities questioned the applicant as well as Mr L. Dzhabrailov and Ms R. Dhzabrailova, who confirmed the circumstances of the incident of 10 April 2003. In particular, the applicant had stated, as alleged by the Government, that on the date in question ten unidentified armed people in masks and camouflage uniforms had arrived at the Dzhabrailovs' address in a grey UAZ off-road vehicle, a UAZ vehicle and a Gazel minibus, put Mr Khanpasha Dzhabrailov in the UAZ off-road vehicle and taken him away. According to the applicant, the other witnesses gave similar oral evidence.
33. According to the Government, the status of victim was granted to Ms Ya. Dhzbrailova - Mr Khanpasha Dzhabrailov's wife - on 26 May 2003, and then to Mr L. Dzhabrailov on 15 June 2004. It does not appear that the applicant has ever been declared a victim in the case.
34. The Government also submitted that the investigating authorities sent enquiries to law-enforcement bodies in the Chechen Republic and further in the Northern Caucasus. According to the replies received by the investigators,



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