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





e of the interior of the Urus-Martan District of Grozny informed the first applicant that it was taking steps aimed at establishing Isa Zaurbekov's whereabouts and finding those involved in his abduction.
37. On 11 August 2005 the district prosecutor's office replied to the first applicant's query of 2 August 2005. The letter stated that the investigation in criminal case No. 20123 in connection with her son's abduction had been opened on 17 June 2003, and that although all possible measures had been taken, Isa Zaurbekov's whereabouts and the identity of the alleged perpetrators could not be established. It went on to say that a number of witnesses residing in the same block of flats where Isa Zaurbekov and the second applicant had lived had been questioned and that relevant enquiries had been sent to various State bodies in Chechnya and neighbouring regions; however, those steps had brought no positive results. The letter assured the first applicant that the search for her son was in progress and stated that she could access the file of criminal case No. 20123 at any time during working hours on the premises of the district prosecutor's office.
38. In a letter of 18 August 2005 the republican prosecutor's office informed the applicants that the investigation in case No. 20123 had been reopened.
39. It appears that at some point the investigation was again suspended.
40. In a letter of 28 November 2005 the district prosecutor's office notified the applicants that the investigation in case No. 20123 had been resumed on the same date.
41. On 28 December 2005 the district prosecutor's office informed the applicants of the adjournment of the proceedings in case No. 20123 on account of the failure to identify the alleged perpetrators.
42. Referring to the information provided by the Prosecutor General's Office, the Government stated in their memorials submitted prior to the decision on admissibility that the investigation into Isa Zaurbekov's abduction had been commenced on 17 June 2003 and then suspended on 17 September 2003, 14 May and 17 September 2005 and resumed on 14 April, 17 August and 28 November 2005, but had so far failed to identify those responsible. In their memorial submitted after the decision on admissibility, the Government stated that on the latest occasion the investigation had been suspended on 28 December 2005 and then reopened on 10 November 2007.
43. In the Government's submission, the second applicant was questioned on 10 August and 15 September 2003 and 14 April 2005 and declared a victim of a crime on 4 September 2003. During her witness interview of 10 August 2003 the second applicant reiterated her account of events of 11 February 2003 and, in particular, stated that the men who had taken away her brother had been wearing camouflage uniforms and masks and had had machine guns, sniper rifles and portable transmitters, that there had been around 15 of them in her flat and that she had seen from the balcony of her flat that they had left in three armoured personnel carriers, UAZ vehicles, and a white VAZ 2106 Zhiguli car in the direction of the 6th mini-district of Grozny (6-й микрорайон г. Грозного). The men had also taken the central processing unit of a desktop computer, a computer mouse, 10 compact discs and a family photo album. According to the Government, in her interview of 15 September 2003 the second applicant also stated that the reason for the abduction of her brother, Isa Zaurbekov, could have been the fact that their other brother, Kh., had been a member of illegal armed groups. During her interview of 14 April 2005, the second applicant described Isa Zaurbekov's distinguishing marks and the clothes which he had been wearing on the night of his abduction and assessed the value of the stolen computer central processing unit as amounting to 20,000 Russian rouble



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