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





t, in the context of those proceedings on 21 November 2000 an investigator of the prosecutor's office had inspected the house of the Ayubov family. The applicant had been granted the status of victim of a crime and questioned on 24 November 2000. Following the applicant's death in 2003, his wife, Adam Ayubov's mother, had been declared a victim and questioned on 3 January 2005. The investigating authorities had also questioned Adam Ayubov's brother on 6 and 10 January 2005, granted him the status of a victim on 10 January 2005 and declared him a civil claimant in the criminal case on 11 January 2005. The latter had produced photographs of the burnt property which had been included in the file of criminal case No. 12275.
30. In their observations on the admissibility of the present application the Government stated that the investigating authorities had also questioned nine witnesses, the applicant's neighbours and relatives, who "[had] confirmed the circumstances of Adam Ayubov's abduction and stated that they had no information concerning his whereabouts". According to the Government, it was not possible to identify other witnesses in the case.
31. After the present application had been declared admissible, the Government refused to provide transcripts of any witness interviews despite the Court's specific request to that end, stating that they had reproduced the contents of those interviews in their observations on the merits of the present case. They submitted in particular that Mr Sh. had stated in his witness interview of 12 January 2001 that on 19 January 2000 armed men in camouflage uniforms and masks had taken him, his neighbour Adam Ayubov and a man named Vladimir away and delivered them in a truck to the location of an unknown military unit, and that the next day he, Vladimir and a man named Akhmed had been taken to the village of Alkhan-Kala and released there. According to the Government, during that interview Mr Sh. also stated that there had been no identifying signs on the truck in which he, Vladimir and the applicant's son had been taken away; however during his subsequent interviews he submitted that the truck had borne the inscription "Novosibirsk".
32. Mr Z. stated during a witness interview of 26 November 2001 that on 19 January 2000 servicemen had taken away three men, namely Sh., Adam Ayubov and the latter's acquaintance, for an identity check and that later Mr Sh.'s mother had told him that Mr Sh. had been released.
33. Ms Kh. who was questioned as a witness on 2 January 2005 submitted that on 19 January 2000 Adam Ayubov, his acquaintance and Sh. had been taken away by servicemen. She also described in detail the appearance of a man who, in her opinion, had been in command of that operation and indicated his insignia. Ms Kh. further stated that the registration plates of a Ural truck in which the three men had been taken away had been black with white letters and figures on them, including figures "2" and "6" and a letter "G", and that she did not remember whether there had been any identification signs on the truck.
34. During witness interviews on 7 January 2005 Mr Sh.'s mother gave oral evidence similar to that of Mr Sh., and Ms Z. stated that she did not remember the events of 19 January 2000.
35. The Government also stated that the investigating authorities had sent a number of queries to various State bodies on 1 May, 30 August and 26 November 2000, 5, 8, 9, 11 and 12 January and 20 April 2005 and undertaken other investigative measures, but did not specify what those measures had been.
36. Finally, the Government submitted that the investigation had been suspended and resumed on several occasion, but had failed to identify those responsible so far.

B. Evidence submitted by the parties

1. Evidence submitted by the applicant




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