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Постановление Европейского суда по правам человека от 08.01.2009 «Дело Шахгириева и другие (Shakhgiriyeva and others) против России» [англ.]





ov that there were no reasons to suspect the involvement of military servicemen in the abduction and killing of their relative and two other men. The criminal investigation into the abduction and murder was pending before the Grozny District Prosecutor's Office.
81. On 6 June 2003 an investigator of the Grozny District Prosecutor's Office adjourned the investigation of criminal case No. 56192 for failure to identify the persons responsible for the crime.
82. On 14 October 2005 the SRJI, acting on the applicants' behalf, asked the Grozny District Prosecutor's Office and the Chechnya Prosecutor's Office to inform it, and/or the relatives of the missing and killed men from Chechen-Aul, about the status of the investigation. They also asked the prosecutor's office to allow the relatives access to the case file. In its letter the SRJI reminded the prosecutor's office of its obligations under the Code of Criminal Procedure and the Convention to inform the victims of progress in the investigation.
83. The applicants submitted they had not been informed of the progress of the proceedings and that they had no effective access to the investigation file.
84. In April 2008 the applicants' representatives informed the Court that the sixth applicant, the wife of Aslan Israilov and sister of Umalat Abayev, had moved outside the Russian Federation following several instances of harassment of her family in 2004 by masked men in camouflage uniforms. She and one of her minor children had suffered from psychological trauma and required medical assistance, as attested by medical documents.

F. Information from the Government

85. In their observations the Government did not dispute the information concerning the investigation of the deaths of Magomed Shakhgiriyev, Ali Magomadov, Ismail Umarov, Umalat Abayev, Aslan Israilov and Khasin Yunusov as submitted by the applicants. Relying on information obtained from the Prosecutor General's Office, they referred to a number of other procedural steps taken by the investigation which had not been mentioned by the applicants. However, despite specific requests from the Court, the Government did not submit copies of most of the documents to which they referred (see below).

1. Investigation into the kidnappings of 23 October 2002

86. As regards the investigation into the kidnapping of the applicants' four relatives on 23 October 2002, the Government stated that on the same day the Grozny District Prosecutor's Office had opened investigation file No. 56166 upon an application by Umalat Abayev's mother and by the head of the Chechen-Aul administration. The investigation had initially been opened to investigate the charges of kidnapping committed by a group, but was later altered to include the charges of kidnapping of several persons, committed with the use of violence, destruction of property, robbery and armed robbery.
87. The Government submitted that on 25 October 2002 the head of military unit No. 3671 had informed the investigation that the servicemen of that unit had not taken part in any military operations in Chechen-Aul and that no military vehicles of the Argun military commander's office had been used for these purposes.
88. In November 2002 the Gudermes District Prosecutor's Office received applications from Umalat Abayev's mother about the kidnapping of her son, as well as the theft of money, an audio player and documents for a car. They also received an application from the head of the Chechen branch of Gazprom about the kidnapping of its employee Mr Magomadov.
89. Immediately after the finding of five bodies, on 8 November 2002 the Gudermes District Prosecutor's Office opened criminal investigation file No. 57103 in respect of the aggravated murder of several persons.



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