1. Mr Magomed Dokuyev had not been held in either criminal detention or administrative detention facilities. According to information from the Ministry of the Interior and the FSB, they had not detained the first applicant or Mr Magomed Dokuyev. Heads of three remand prisons in Dagestan, Kabardino-Balkaria and the Stavropol Region also submitted that the latter had not been held in those facilities. The investigation was under way.
C. Alleged interference with the right
of individual petition
51. The transcript of the first applicant's questioning on 25 October 2005 read, in so far as relevant:
"...Neither [I] personally nor members of my family have applied to the European Court of Human Rights. In 2001 and 2002 I applied to human rights organisations of our Republic, in particular, to the Memorial and the organisation on human rights in the Chechen Republic. ...I would like to clarify that [the third and fifth applicant] did not apply to the European Court either."
52. The transcript was signed by the first applicant and contained a record made by him to the effect that he had read the transcript and confirmed that it was accurate. According to the first applicant, the transcript was neither read by him nor read out to him by the investigator. However, he signed it because he trusted the investigator who was "a relative of his neighbours".
53. The transcript of the fifth applicant's questioning on 26 October 2005 read, in so far as relevant:
"I personally did not apply to [any authorities] in respect of my brother's detention... including the European Court of Human Rights. The search for my brother was conducted by my father. I do not know whether he applied to any organisations in this connection."
54. The transcript was signed by the fifth applicant and contained a record made by her to the effect that she had read the transcript and confirmed that it was accurate.
55. The transcripts of the questioning were submitted by the Government together with their observations following the communication of the application by the Court. In their observations the Government requested to strike the application out of its list of cases on the ground that it was a "counterfeit". In their observations in reply the applicants confirmed their counsel's power of authority to represent them in the proceedings before the Court as well as their wish to pursue the proceedings. In the decision as to admissibility of 29 November 2007 the Court dismissed the Government's request.
56. On 7 February 2006 the first applicant complained to the Prosecutor General's Office concerning investigator K., who questioned him in October 2005. He claimed that he had never stated that he had not applied to the Court and that the investigator had forged the transcript of the questioning. He stated, in particular, that he had not even been questioned as to whether he had applied to the Court and therefore could not have replied in the negative. The first applicant maintained that as he had been questioned in the presence of his wife, the second applicant, she could confirm his statement.
57. On 10 March 2006 the first applicant was notified that his complaint had been transmitted to the Prosecutor's Office of the Chechen Republic.
58. On 12 April 2006 the Prosecutor's Office of the Chechen Republic replied to the first applicant. The reply read, in so far as relevant:
"On 21 and 26 October 2005 you were questioned as a witness by an investigator of the Shali District Prosecutor's Office concerning [the abduction of Mr Magomed Dokuyev]. As it follows from the transcripts of the questioning, no questions concerning your application to the European Court of Human Rights were put to you and, likewise, no clarifications were made by you in this respect. It is indicated in [
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