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

e suspension and reopening of the investigation in criminal case No. 12275.
45. On 5 July 2007 the application was declared admissible. At that stage the Court once again invited the Government to submit the investigation file and to provide information concerning the progress of the investigation after January 2007. It also put a number of factual questions to the Government. The Court enquired, in particular, which units of the federal armed forces and/or security agencies had been stationed in the vicinity of the Ayubov family's domicile at the period described in the statement of facts; whether the federal armed forces and/or security agencies had carried out any special operations in the vicinity of the Ayubov family's domicile in January 2000, and, in particular, on 19 January 2000, and whether the possible involvement of the personnel of the Novosibirsk OMON in Adam Ayubov's removal had been verified during the investigation in criminal case No. 12275. The Government were also furnished with a copy of the video material submitted by the applicant's wife, and were requested to comment on it, in particular, to indicate whether the passport shown in that material belonged to Adam Ayubov (see paragraph 15 above).
46. In reply, the Government refused to submit any documents from the case file other than those produced earlier and remained silent as regards the Court's question relating to the progress in the investigation. They further stated that "there was no information concerning units of the federal armed forces and/or security agencies stationed in the vicinity of the Ayubov family's domicile at the relevant period" and that, "according to the replies from competent State bodies, no special operation had been carried out by the federal armed forces and/or security agencies in the vicinity of the Ayubov family's domicile in January 2000". The Government also stated that the version concerning the possible involvement of the Novosibirsk OMON in Adam Ayubov's apprehension had been checked, and that no such involvement had been established. In particular, according to a letter of the acting head of the Main Department of the Interior of the Novosibirsk Region dated 26 May 2005 in reply to a query by an investigator of the prosecutor's office of the Zavodskoy District, "there [had been] no personnel of the Novosibirsk OMON in the territory of the Chechen Republic on 19 January 2000". The Government did not produce a copy of this letter. As regards the Court's question concerning the video material, the Government stated that neither Ms Liza Azimova nor Ms Ayshat Ayubova had informed the investigating authorities of the existence of any video record of the interview of 19 January 2000 referred to by Ms Azimova, and that therefore that piece of evidence had not been examined and included in the investigation file in proper time. According to the Government at present the prosecutor of the Zavodskoy District had been instructed "to take measures aiming at identification of persons possessing that material and its seizure". They remained silent as to the Court's question whether the passport shown in that material belonged to Adam Ayubov.
(b) Letters from domestic courts
47. The Government also enclosed a number of letters from various higher courts in Russia, stating that the applicant had never made complaints regarding his son's detention, the destruction of his property or the authorities' inactivity with the respective courts or sought compensation of the damaged inflicted on his property.

II. Relevant domestic law

48. For a summary of the relevant domestic law see Kukayev v. Russia, No. 29361/02, §§ 67 - 69, 15 November 2007 and Musayeva and Others v. Russia, No. 74239/01, §§ 62 - 63, 26 July 2007.

THE LAW

I. The Government's preli



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