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





osecutors of regions neighbouring Chechnya as well as to prosecutors of various districts in Chechnya, describing Isa Zaurbekov's appearance and distinguishing marks and asking them to check whether he was listed among unidentified dead bodies and whether any criminal cases had ever been opened in connection with the discovery of corpses with his appearance and distinguishing marks, and a reminder of 5 May 2005 to carry out the steps indicated in the requests of 15 April 2005. According to the second applicant, the investigator in charge stated that he could not give her access to any other materials.
50. On 8 February 2006 the first applicant and a representative of the SRJI visited the district prosecutor's office and were given access to the case file. They were not allowed to make any photocopies or to take written notes, but the first applicant managed to memorise the contents of a number of documents.
51. In particular, while studying the case file, the first applicant came across information stating that the preliminary investigation had established that a group of armed servicemen of the Russian law-enforcement agencies had taken away Isa Zaurbekov at about 3 a.m. on 11 February 2003. The same group of servicemen had taken away two other men, a father and son named Sh., in a neighbouring district of Grozny at about 3.30 a.m. on the date in question and had attempted to take away another person, who, however, had been away from home at that moment.
52. The first applicant read a witness statement dated 23 August 2005 by Mr Sh., a relative of the father and son who had disappeared after 11 February 2003, to the effect that on 11 February 2003 armed people in four armoured personnel carriers and two UAZ vehicles had taken away the father and son from the Sh. family. Mr Sh. also stated that on 18 February 2003 he and an investigator of the Grozny prosecutor's office had visited a nearby federal checkpoint and found out that on 11 February 2003 at about 3 a.m. a federal military convoy had passed through the checkpoint in the direction of the districts where Isa Zaurbekov and the two men from the Sh. family had been apprehended. The convoy, which had returned an hour later, consisted of four armoured personnel carriers and two UAZ vehicles.
53. The Government, who were invited by the Court to comment on these submissions by the first applicant, replied that the version concerning the possible involvement of federal servicemen or personnel of the law-enforcement agencies in Isa Zaurbekov's abduction had been thoroughly checked during the investigation, but no such involvement had been established. The Government refused to provide a transcript of a witness interview of Mr Sh. despite the Court's specific request to that end, and stated that during that interview Mr Sh. had indicated that he had heard from his brother that on 12 February 2003 the father and son Sh. had been taken away from their privately owned house in a village near Grozny by a group of about 40 federal servicemen in four armoured personnel carriers and two UAZ vehicles. Mr Sh. had also talked to duty officers at a nearby federal checkpoint, who had confirmed that a military convoy had passed through in the direction of the village where the two men from the Sh. family had been taken and then back in the direction of Grozny. According to the Government, there had been no link between the abduction of Isa Zaurbekov and that of the father and son named Sh., and there were no grounds to claim that they all had been abducted by the same men.
54. The first applicant also saw a witness statement by Mr Kh. to the effect that he had heard the noise of a heavy military vehicle on the night when Isa Zaurbekov had been apprehended, and statements by Mr and Mrs Id., the second applicant's neighbours, to the effect that they had been asleep on the night of the incident and had learnt about I



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