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Постановление Европейского суда по правам человека от 02.04.2009 «Дело Докуев и другие (Dokuyev and others) против России» [англ.]





removed his blindfold he realised he was in an old brewery building between Shali and Novye Atagi. He climbed out of the building, hitched a lift and returned home the same day. There he found out that he and his son were the only two men detained in the village on that day and that his son had not returned home. The family has had no news from Mr Magomed Dokuyev since that date.

2. The Government's account

16. The Government submitted that the Prosecutor General's Office had established that on 14 February 2001 at approximately 6 a.m. unidentified armed persons wearing camouflage and masks and accompanied by armoured vehicles had taken the first applicant and his son, Mr Magomed Dokuyev, from their house at 4 Podgornaya Street to an unknown destination. On the next day the first applicant had been released. Mr Magomed Dokuyev's whereabouts had not been established.

B. Search for Mr Magomed Dokuyev and the investigation

1. Applications to State authorities

17. According to the applicants, on 16 February 2001 the first applicant and other family members started looking for Mr Magomed Dokuyev. They applied to various official bodies both in person and in writing, trying to find out the whereabouts and the fate of Mr Magomed Dokuyev. The applicants kept copies of some of these complaints and submitted them to the Court. In particular, they applied in writing to the Prosecutor's Office of the Chechen Republic on 5 and 7 July and 24 December 2001, to the military prosecutor of military unit No. 20116 on 7 July 2001, to the Special Envoy of the Russian President in the Chechen Republic for Rights and Freedoms on 7 July and 5 September 2001 and to the Shali District Prosecutor's Office on 13 April 2002.
18. On 16 February 2001 the first applicant travelled to Gudermes and handed over a complaint about his son's detention, addressed to the head of the Chechen Administration, Mr Akhmad Kadyrov. Among other authorities the applicants applied to immediately following Mr Magomed Dokuyev's detention were the departments of the Interior, military commanders, the Federal Security Service (FSB), civil and military prosecutors of various levels and administrative authorities.
19. The applicants received hardly any substantive information about the fate of their close relative and about the investigation. On several occasions they were sent copies of letters by means of which their requests had been forwarded to the different prosecutors' services. In particular, on 28 May 2001 the Prosecutor's Office of the Chechen Republic forwarded the first applicant's complaint to the Shali District Prosecutor's Office. On 5 August 2001 the first applicant's letter of complaint was forwarded to the military prosecutor of military unit No. 20116. On 23 August 2001 the Prosecutor General's Office forwarded the first applicant's letter concerning his son's detention to the Prosecutor's Office of the Chechen Republic. On 31 August 2001 the Prosecutor's Office of the Chechen Republic forwarded it to the Shali District Prosecutor's Office. On 4 February and 20 May 2002 the Directorate of the Prosecutor General's Office for the Southern Federal Circuit forwarded the first applicant's complaint to the Shali District Prosecutor's Office.
20. In early April 2001 the applicants were contacted by a person who said that a young man had been detained together with Mr Magomed Dokuyev. The first and the second applicants met this young man. He presented himself as Kh., but they did not know his last name. He was able to give them Mr Magomed Dokuyev's handkerchief and a cord from his leather jacket and said that they had been detained together for several weeks, first at the military base in Khankala and then in the vicinity of Nov



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