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

37. Among other documents, the applicant's wife submitted several documents relating to the claims concerning the destruction of property.
38. A certificate of right to inherit dated 21 May 2004 confirms that the applicant's property after his death in 2003 was inherited by his son, and that that property consists of a destroyed house situated on a plot of land measuring 469 square metres, which was held by the applicant under a contract of a building lease.
39. A handwritten plan of the household at 17 Narvskaya Street represents a courtyard with the gates, two car boxes adjacent to a house, a summer kitchen and awning, and the house consisting of a lobby, a corridor, a kitchen, a boiler room, a bathroom, two living rooms and two bedrooms. There is no indication of any dimensions or general surface of the house or of any of premises depicted in the plan.
40. A handwritten document dated 10 June 2005 and signed by the applicant's wife lists articles of property destroyed on 19 and 20 January 2000 and indicates their value in United States dollars (USD). These are a VAZ Niva car (USD 5,000), a Volga car (USD 4,000), living room furniture (USD 6,000), bedroom furniture (USD 4,000), kitchen furniture (USD 2,000), twenty carpets (USD 3,500), two refrigerators (USD 1,500), video equipment and TV set (USD 800), chandeliers (USD 500), crockery (USD 3,000), lobby furniture (USD 1,000), a boiler (USD 400), sanitary equipment (USD 500), two gas cookers (USD 700), car spare parts and tools (USD 1,000), two air-conditioners (USD 600), current generator (USD 1,000), jewels (USD 10,000), clothes for all family members (USD 10,000), and household appliances (USD 2,000).
41. Four photographs represent two burnt cars and a burnt house at 17 Narvskaya Street. According to the applicant's wife, she was unable to submit documents for the cars, as they had been kept in the house and burnt there.
42. The applicant's wife also submitted a DVD with records of various family events in 1995 and 1996, showing the cars and some furnishings inside the house.

2. Documents submitted by the Government

(a) The Court's requests for the investigation file
43. In November 2004, when the application was communicated to them, the Government were invited to produce a copy of the investigation file in a criminal case opened into the abduction of the applicant's son. Relying on the information obtained from the Prosecutor General's Office, the Government replied that the investigation was in progress and that disclosure of the documents would be in violation of Article 161 of the Code of Criminal Procedure, since the file contained information of a military nature and personal data concerning the witnesses. At the same time, the Government suggested that a Court delegation could have access to the file at the place where the preliminary investigation was being conducted, with the exception of "the documents [disclosing military information and personal data concerning the witnesses], and without the right to make copies of the case file or transmit it to others". In April 2005 the Court reiterated its request and suggested that Rule 33 § 3 of the Rules of Court be applied. In reply, the Government again refused to produce any documents from the file for the aforementioned reasons.
44. In their additional memorial of 30 January 2007, however, the Government submitted copies of several documents which included:
(a) procedural decisions of 20 May 2005, 28 September and 4 November 2006 and 19 January 2007 suspending and reopening the investigation in case No. 12275;
(b) investigators' decisions of 4 October 2006 and 19 January 2007 to take up case No. 12275;
(c) letters issued in 2005 - 07 informing the applicant's wife and her other son, Adam Ayubov's brother, of th



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