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Постановление Европейского суда по правам человека от 22.01.2009 «Дело Заурбекова и Заурбекова (Zaurbekova and Zaurbekova) против России» [англ.]





authorities of Chechnya, the Office of the President of Russia (Администрация Президента РФ), the Chairman of the State Duma (Председатель Государственной Думы) and the Plenipotentiary Representative of the Russian President in the Southern Federal Circuit (Полномочный представитель Президента РФ в Южном федеральном округе). They were supported in their efforts by the SRJI. In their letters to the authorities the applicants and the SRJI referred to the events of 11 February 2003 and asked for assistance and details of the investigation. Mostly these enquiries remained unanswered, or only formal responses were given stating that the applicants' requests had been forwarded to various prosecutor's offices for examination.

3. Official investigation

17. In their observations submitted prior to the decision on admissibility, the Government stated that the applicants had first notified the authorities of their relative's detention on 14 April 2003, when the second applicant's complaint about the events of 11 February 2003 had been received by the Grozny prosecutor's office (прокуратура г. Грозного). In the Government's submission, on 25 April 2003 the Grozny prosecutor's office forwarded this complaint "for examination" to the office of the interior of the Leninskiy District of Grozny (Ленинский отдел внутренних дел г. Грозного). The latter sent the documents on the result of the examination to the Grozny prosecutor's office on 23 May 2003. The Government also submitted that on 17 June 2003 the Grozny prosecutor's office had instituted a criminal investigation into Isa Zaurbekov's disappearance under Article 126 (2) of the Russian Criminal Code (aggravated kidnapping) and that the file had been registered as No. 20123.
18. In their observation submitted after the present case had been declared partly admissible, the Government stated that the criminal proceedings in connection with the abduction of the applicants' relative had been instituted upon a written complaint by the second applicant, received by the Grozny prosecutor's office on 19 June 2003. The Government did not indicate the date on which, according to them, the criminal proceedings had been instituted.
19. The file on the present case contains a written complaint concerning Isa Zaurbekov's abduction, signed by the second applicant and dated 9 March 2003. The document bears a handwritten note "received" - the form of the verb "receive" indicating that this action was performed by a woman - and the date "14 April 2003".
20. In letters of 25 and 30 June 2003 the prosecutor's office of the Chechen Republic (прокуратура Чеченской Республики, "the republican prosecutor's office") informed the first applicant that criminal proceedings had been brought in connection with her son's abduction by unidentified persons and that she would be notified of the results of the investigation.
21. By a letter of 23 July 2003 the military prosecutor of the United Group Alignment (военный прокурор Объединенной группы войск) transmitted the first applicant's application to the military prosecutor of military unit No. 20102 (военный прокурор войсковой части 20102) for examination.
22. On 31 July 2003 a deputy Prosecutor General of Russia (заместитель Генерального прокурора РФ) informed the first applicant that he had forwarded her request to establish the whereabouts of her son, who had been detained by "individuals wearing military uniforms", to the republican prosecutor's office, which would notify her of any developments in the case.
23. In a decision of 11 August 2003 an investigator of the prosecutor's office of the Leninskiy District of Grozny (прокуратура Ленинского района г. Грозного - "the district prosecutor's office") acknowledged the first applicant as a victim in criminal case No. 201



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