Постановление Европейского суда по правам человека от 22.01.2009 «Дело Долсаев и другие (Dolsayev and others) против России» [англ.]

, the Government did not disclose most of the contents of the investigation file in case No. 61144, providing only copies of the following documents:
(a) the second applicant's witness statements, dated 2 November 2002 and 14 August 2003; and
(b) the first applicant's witness statements, dated 2 November 2002, 6 April 2005, 16 June 2005 and 16 May 2007.
The Government stated 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 or other participants in the criminal proceedings.

II. Relevant domestic law

81. For a summary of the relevant domestic law see Akhmadova and Sadulayeva v. Russia, No. 40464/02, § 67 - 69, 10 May 2007.

THE LAW

I. The government's objection as to abuse
of the right of petition

82. The Government submitted that the application had not been lodged in order to restore the allegedly violated rights of the applicants. The actual object and purpose of the application was clearly of a political nature as the applicants wanted to "incriminate the Russian Federation of allegedly adopting a policy of violating human rights in the Chechen Republic". They concluded that the application should be dismissed pursuant to Article 35 § 3 of the Convention.
83. The Court considers that the Government may be understood to be suggesting that there was an abuse of the right of petition on the part of the applicants. It observes in this connection that the complaints the applicants brought to its attention concerned genuine grievances. Nothing in the case file reveals any appearance of abuse of their right of individual petition. Accordingly, the Government's objection must be dismissed.

II. The court's assessment of the evidence
and establishment of the facts

A. The parties' arguments

84. The applicants maintained that it was beyond reasonable doubt that the men who had taken away Beslan, Rizvan, Rizavdi and Shuddi Dolsayev had been State agents and that their relatives must have been killed after the abduction as there had been no news of them since 21 October 2002. In support of their complaint they referred to the following facts. The village of Martan-Chu in the Urus-Martan district of Chechnya had been under the total control of federal troops since December 1999. There had been Russian military checkpoints on the roads leading to and from the settlement. The armed men who had abducted Beslan, Rizvan, Rizavdi and Shuddi Dolsayev had arrived in military vehicles late at night, which indicated that they had been able to circulate freely during the curfew and to pass through the military checkpoints. The men had acted in a manner similar to that of special forces carrying out identity checks and had introduced themselves as representatives of the GRU. The applicants also pointed out that the ground given for the Government's refusal to submit the investigation file in case No. 61144 was that it contained "information of a military nature disclosing the location and nature of actions by military and special security forces".
85. The Government submitted that unidentified armed men had kidnapped Beslan, Rizvan, Rizavdi and Shuddi Dolsayev. They further contended that the investigation of the incident was pending, that there was no evidence that the men had been State agents and that there were therefore no grounds for holding the State liable for the alleged violations of the applicants' rights. They further argued that there was no convincing evidence that the applicants' relatives were dead. The Government also stated that, according to one of the version



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