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





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44. The investigators also questioned the first applicant on 11 August and 19 September 2003 and declared her a victim of a crime on 11 August 2003. She stated that the second applicant had informed her in the early hours of 12 February 2003 of Isa Zaurbekov's detention and that the following day she had notified all relevant State bodies, but her son's whereabouts had not been established.
45. Apart from the applicants, the authorities also questioned the applicants' relatives and a number of the second applicant's neighbours. As can be ascertained from the Government's submissions, two of the neighbours were questioned in September 2003, and the others in April and December 2005. Most of them stated that they had not witnessed Isa Zaurbekov's abduction or seen any servicemen or military vehicles on the night of the incident, but had heard the next day that Isa Zaurbekov had been taken by servicemen in armoured personnel carriers. One of the neighbours, Mr D., submitted that on the night of the incident he had seen about ten armed men in camouflage uniforms and masks near the block of flats in which he, the second applicant and Isa Zaurbekov had lived but he had not seen any military vehicles. Another neighbour, Mr Kh., stated that on the night of the incident, at around 3 a.m. he had seen armed men in masks and camouflage uniforms on his balcony, from which they had climbed to upper floors, and that he had heard the noise of military vehicles but not very clearly because of his impaired hearing. According to the Government, Ms M.-M. submitted that on 12 February 2003 she had heard from her neighbours that Isa Zaurbekov had been taken away in the night by armed men in camouflage uniforms speaking Russian. It does not appear that any other witnesses were questioned in the course of the investigation.
46. The Government also stated that the investigating authorities had sent a number of enquiries to detention centres in Chechnya and further afield in the Northern Caucasus, the regional and federal security agencies and military authorities. The law-enforcement bodies had provided information that there had been no special operations on 11 February 2003 during which Isa Zaurbekov could have been detained, that no criminal proceedings had ever been brought and no special measures had ever been taken, against him, and that he had never been arrested or detained by any of them and had not been listed among detainees of any detention centres. The Government did not specify the dates on which the enquiries had been sent.
47. In the Government's submission, on 14 April 2005 criminal proceedings were brought under Article 162 (3) of the Russian Criminal Code (aggravated robbery) in connection with the fact that on 11 February 2003 the men who had abducted Isa Zaurbekov had also taken the second applicant's property. The case file was assigned the number 40057. On the same date the second applicant had been granted the status of victim in that case. On 15 April 2005 cases Nos. 20123 and 40057 were joined under the former number.

4. The applicants' access to the case file

48. In the applicants' submission, upon receipt of the letter of 11 August 2005 they made a number of attempts to gain access to the file on the criminal investigation into Isa Zaurbekov's abduction and visited the district prosecutor's office on several occasions. According to them, on one occasion they were denied access to the case file as the investigator in charge was away, and on another occasion they were unable to read the case file as it had been sent to the republican prosecutor's office.
49. On 20 December 2005 the second applicant again visited the district prosecutor's office and was provided with copies of several documents from the file. Those included two requests of 15 April 2005 to pr



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