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





uly 2004 the first applicant complained of unlawful actions of the district prosecutor's office to the district court and requested that the investigation into her son's kidnapping be resumed and that she be allowed to study the case file.
62. On 6 August 2004 the district court established that the district prosecutor's office had failed to take all possible investigative measures, in particular to question servicemen of the district military commander's office and other law enforcement agencies, and ordered that the investigation in case No. 61146 be resumed. The remaining claims were dismissed for the reason that under domestic law access to a criminal case file was only permitted upon completion of an investigation.
63. On 24 August 2004 the Supreme Court of the Chechen Republic dismissed the first applicant's appeal and upheld the first-instance judgment.
64. On 9 November 2004 the first applicant complained to the district court about unlawful actions of the district prosecutor's office, in particular about the decision of 17 September 2004, and requested that the investigation be resumed and steps be taken to solve the crime.
65. On 16 December 2004 the district court dismissed the first applicant's claims arguing that the district prosecutor's office had taken all necessary investigative measures in case No. 61146.
66. On 26 January 2005 the Supreme Court of the Chechen Republic dismissed the first applicant's appeal and upheld the first-instance judgment.

II. Relevant domestic law

67. For a summary of relevant domestic law see Akhmadova and Sadulayeva v. Russia, No. 40464/02, § 67 - 69, 10 May 2007.

THE LAW

I. The Government's objection as to abuse
of the right of petition

68. The Government submitted that the applicants' representatives had apparently used templates for filling in application forms in a number of similar cases, including the one in the present case. They regarded such a practice as an abuse of the right of petition and concluded that the application should be dismissed pursuant to Article 35 § 3 of the Convention.
69. The Court observes in this respect that the application form submitted by the applicants' representatives contained necessary information concerning the particular circumstances of the present case. The materials in the Court's possession do not reveal any appearance of abuse of the applicants' right of individual petition. Accordingly, the Government's objection must be dismissed.

II. The Government's objection as to non-exhaustion
of domestic remedies

A. The parties' submissions

70. The Government contended that the complaint should be declared inadmissible for non-exhaustion of domestic remedies. They submitted that the investigation of the disappearance of Vakha Abdurzakov had not yet been completed. They further argued that it had been open to the applicants to challenge in court or before a higher prosecutor any actions or omissions of the investigating or other law enforcement authorities. They also submitted that it had been open to the applicants to lodge civil claims for damages caused by actions of State agencies but they had failed to do so.
71. The applicants contested that objection. They stated that the criminal investigation had proved to be ineffective. Referring to the other cases concerning such crimes reviewed by the Court, they also alleged that the existence of an administrative practice of non-investigation of crimes committed by State servicemen in the Chechen Republic rendered any potentially effective remedies inadequate and illusory in their case.

B. The Court's assessment

72.



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