ness, the head of the Martan-Chu village administration, Mr E.M., testified that on 21 October 2002 one of the village residents had told him about the abduction of the Dolsayev brothers by unidentified men.
76. The investigators also requested information about the disappearance of the Dolsayev brothers from various State authorities. On 15 January 2003 the information centre of the Ministry of the Interior stated that it had no records concerning either the detention of the Dolsayev brothers or the opening of criminal proceedings against them. The investigators also obtained information from the public prosecutors' offices and units of the Ministry of Defence, according to which the bodies of the Dolsayev brothers had not been found among the unidentified corpses discovered in Chechnya.
77. The Government submitted that although the criminal investigation had failed to establish the whereabouts of Beslan, Rizvan, Rizavdi and Shuddi Dolsayev and the internal investigation conducted by the Zavodskoy ROVD into the circumstances of the disappearance of its officer Beslan Dolsayev had also failed to identify those responsible for his abduction, the investigating authorities had forwarded information requests to competent State agencies and had taken other steps to solve the abduction. The investigation found no evidence to support the theory of the involvement of Russian federal forces in the abduction of the Dolsayev brothers. The law-enforcement agencies in Chechnya had never arrested or detained Beslan, Rizvan, Rizavdi and Shuddi Dolsayev on criminal or administrative charges and had not carried out any criminal investigations in respect of them. No special operations had been carried out in the Urus-Martan district on 21 October 2002. In addition, according to the statement provided by the head of the Martan-Chu village administration, at the material time it had been possible to drive in and from the village without passing through the military checkpoints by countryside roads located near Urus-Martan and the villages Tangi-Chu and Goy-Chu (also known as Komsomolskoye).
78. The Government further submitted that the description of the perpetrators provided by the witnesses did not demonstrate that the perpetrators were representatives of the State. Although the camouflage uniform used by the perpetrators was similar to the uniform of military servicemen, such uniform was available for purchase everywhere in the Russian Federation. In addition, the masks used by the perpetrators did not have individual features distinguishing criminals from military servicemen. The fact that the perpetrators had spoken Russian did not mean that these men must have been Russian military servicemen; they could have been residents of Chechnya or members of illegal armed groups from other countries who spoke the language.
79. According to the Government, the investigation had been suspended and resumed on several occasions; in spite of the large volume of operational-search and investigative measures carried out by the authorities, the investigation had failed to identify those responsible for the abduction of the Dolsayev brothers. The Government further submitted that at the material time a counterterrorist operation had been taking place in Chechnya and there had been daily attacks on the federal forces. Therefore, owing to the risk this investigative measure could have represented for law-enforcement officers, the prosecutor's office had not conducted the crime scene examination in the applicants' house and its surroundings. The Government further contended that the applicants had been duly informed of all decisions taken during the investigation, that the first and second applicants had been granted victim status in the criminal case and that the investigators had complied with all the instructions issued by the supervising prosecutors.
80. Despite specific requests by the Court
> 1 2 3 ... 9 10 11 ... 20 21 22
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
