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Постановление Европейского суда по правам человека от 15.01.2009 «Дело Абдурзакова и Абдурзаков (Abdurzakova and Abdurzakov) против России» [англ.]





Urus-Martan District. Mr Yu. could not tell whether his mother was sincere but he had sold his plot of land to pay the second applicant back.
54. On 11 November 2004 the investigation in case No. 61146 was again suspended for failure to identify the perpetrators and the first applicant was notified accordingly.
55. On 25 October 2005 the district prosecutor's office questioned Ms Yu. She submitted that in August 2002 an acquaintance of hers, a VOVD serviceman named "Sergey" had asked her whether Abdurzakov the Wahhabi was her neighbour. She had replied that the Abdurzakovs were not Wahhabi. A month later Ms Yu. had told the first applicant that the VOVD had had something against Vakha Abdurzakov and mentioned that other people had been buying up materials compromising their children. After Vakha Abdurzakov's abduction the first applicant had come to Ms Yu. and asked her for assistance. The following morning the two women had gone to the VOVD premises and asked "Sergey" whether the police had detained Vakha Abdurzakov. He had replied that the police had not been involved and promised to check whether the district military commander's office was implicated. Later that afternoon "Sergey" had told Ms Yu. that Vakha Abdurzakov had been arrested by the FSB department. Some three months later "Sergey" had told Ms Yu. that FSB servicemen had demanded USD 3,000 as a payment for release of Vakha Abdurzakov. Two days later "Sergey" had come to her place and told her that Vakha Abdurzakov would be released in the morning if the sum was paid. The second applicant had given Ms Yu. USD 2,800. She had added USD 200 of her own and given "Sergey" the money. Vakha Abdurzakov had not come home. A few days later Ms Yu. had learned that "Sergey" and "Volodya" had left the Chechen Republic after the completion of their mission.
56. On 7 September 2007 the decision of 11 November 2004 was quashed and the investigation in case No. 61146 was resumed. The first applicant was notified accordingly.
57. On 10 September 2007 the first applicant was questioned. She submitted that after her son had been taken away, she had gone into the street and seen two APCs and two UAZ vehicles parked some 500 metres away from her house. The vehicles had been moving in the direction of the town centre of Urus-Martan. The first applicant had not seen the registration numbers of the vehicles. She had spotted her neighbour on the street. When the first applicant had returned home, she had realised that nine shirts, a man's suit and a gold ring had been stolen.
58. On 11 September 2007 the first applicant's neighbour allegedly seen on the night of 25 October 2002 was questioned and submitted that he had not left his house that night and had not heard any military vehicles.
59. The investigation, although so far fruitless, was ongoing. The law enforcement authorities of the Chechen Republic had never arrested or detained Vakha Abdurzakov on criminal or administrative charges and had not carried out a criminal investigation in his respect. According to the Government, the applicants had been duly informed of all decisions taken during the investigation.
60. Despite specific requests by the Court the Government did not disclose most of the contents of the investigation file in case No. 61146, providing only copies of decisions to suspend and resume the investigation and to grant victim status. Relying on the information obtained from the Prosecutor General's Office, 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.

C. Court proceedings against the investigators

61. On 21 J



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