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Постановление Европейского суда по правам человека от 12.02.2009 «Дело Аюбов (Ayubov) против России» [англ.]





was commenced the authorities confined themselves to the inspection of the scene of the incident on 21 November 2000 and granting victim status and interviewing the applicant on 24 November 2000 (see paragraph 29 above). The Court also observes that, in the Government's submission, in 2000 the authorities sent certain enquiries to State agencies, and namely on 1 May, 30 August and 26 November 2000 (see paragraph 35 above). However, given that the criminal proceedings in connection with the events of 19 January 2000 were commenced on 14 November 2000, the enquiries of 1 May and 30 August 2000 clearly could not be sent in the context of those proceedings.
79. The Court further observes that in 2000 after the beginning of the investigation the authorities questioned only the applicant, and it was not until two months later, in January 2001, that they interviewed Mr Sh., who had been detained along with the applicant's son, and obviously could have provided valuable information concerning the events of 19 January 2000. Moreover, one more witness, a neighbour of the Ayubov family, was questioned in November 2001, whilst several other neighbours were not questioned until January 2005 (see paragraphs 31 - 34 above). The Government did not explain why those interviews, particularly with Mr Sh., could not have taken place earlier.
80. Moreover, despite the fact that a number of eyewitnesses, and above all Mr Sh.., whose statements were referred to by the Government, pointed out that Adam Ayubov had been apprehended by federal servicemen and even indicated that those might have been special police forces from Novosibirsk, it does not appear that any meaningful efforts were made to investigate the possible involvement of the aforementioned personnel in the abduction of the applicant's son. In this respect, the Court is sceptical about the Government's argument that the possible implication of the Novosibirsk special police forces in the incident of 19 January 2000 had been verified and that no such involvement had been established. In the Court's opinion, the authorities' steps in this connection were at best formalistic, since as can be ascertained from the Government's submissions they were confined to sending an enquiry in 2005, which was five years after the events in question, and receiving a reply to the effect that "there had been personnel of the Novosibirsk OMON in the territory of the Chechen Republic on 19 January 2000". It does not appear, and the Government did not provide any documentary evidence or information to that end, that any fair attempts were made to find out whether any units of the federal armed forces or security agencies had been stationed in the vicinity of the Ayubov family's domicile and if so which units, or to find any witnesses among military personnel, as suggested by the applicant's wife (see paragraph 73 above).
81. The Court also notes that the Government did not provide any information as to which investigative measures had been taken between November 2001 and January 2005, which leads the Court to the conclusion that during this period, that is for over three years, the investigation remained suspended. It further notes the Government's submission that the investigation had been suspended and reopened on several occasions (see paragraph 36 above).
82. Lastly, it does not appear that the applicant who, according to the Government, was recognised as a victim on 24 November 2000, ever received any information on the conduct of the investigation. After the applicant's death in 2003, starting with 2005 his next of kin were only informed of decisions suspending and reopening of the proceedings in the case but were not given any details of the investigation (see paragraph 44 above). In such circumstances, the Court cannot but find that the applicant and subsequently his wife were excluded from the criminal invest



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