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





icemen fired at the house situated at 31 Ordzhionikidze Street, the property of Zhabrail Kh. As a result of opening fire, a stallion belonging to Zhabrail Kh. was killed in the barn."
101. On 11 January 2006 the same investigating authority granted victim status and the status of civil claimant to Gulnara E. on the following grounds:
"On 23 October 2002 at about 4 a.m. unknown persons wearing camouflage uniforms and masks, armed with automatic weapons, committed arson in a room in the house and exploded a hand grenade in another room of the house situated at 83 Lenina Street, by which pecuniary damage in the amount of 45,000 roubles and non-pecuniary damage was caused to Gulnara E."
102. As indicated in the documents submitted by the Government, the same investigation also dealt with the kidnapping and murder on 27 October 2002 in Chechen-Aul of Ismail G., born in 1977, and Isa G., born in 1966, committed by "unidentified armed persons in camouflage uniforms".
103. It further appears that a number of applicants, their relatives and neighbours were additionally questioned in January 2006 and gave statements confirming the above descriptions of the kidnappings, the theft of property and the subsequent discovery of the bodies.

2. Investigation into the disappearance
of three men on 3 November 2002

104. The Government submitted that on 15 December 2002 criminal investigation file No. 56192 had been opened by the Grozny District Prosecutor's Office. The murder investigation under Article 105 of the Criminal Code had been opened on the basis of a complaint by Khasin Yunusov's sister concerning the disappearance of her brother.
105. The investigation established that on 3 November 2002 Khasin Yunusov and his two friends Aslan Israilov and Adash A. had left Chechen-Aul in Yunusov's Gazel vehicle.
106. Among the documents submitted by the Government, on 11 November 2002 a waitress from a roadside {cafe} testified that on 3 November 2002 she had served lunch to three men, one of them Khasin Yunusov. They had talked about a special operation in Chechen-Aul and Khankala and were in a hurry. They had then left in the direction of the village of Petropavlovskaya. On the same day an employee of a petrol station located at the same place testified that Khasin Yunusov had bought gasoline for his Gazel vehicle there.
107. In December 2002 the Chechnya Department of the Interior carried out an internal investigation into the disappearance of its staff member Khasin Yunusov. It did not establish his whereabouts and the Grozny ROVD concluded that Khasin Yunusov's disappearance could be linked to the latter's professional service.
108. On 18 April 2003 three male bodies with signs of violent death were found near the village of Berdykel of the Grozny district. On the same day the Grozny District Prosecutor's Office opened criminal investigation file No. 42076 in respect of aggravated murder (paragraph two of Article 105 of the Criminal Code). Later the three bodies had been identified as those missing from 3 November 2002.
109. On 10 May 2003 the two criminal cases were joined as file No. 56192.
110. On 13 May 2003 the Grozny District Prosecutor's Office obtained the report of the examination of the site where the three bodies had been found, compiled by the servicemen of military unit No. 20112 (the Khankala military base). The report stated that the bodies had been found in a quarry near the village of Khankala with signs of advanced decomposition. The body No. 1 had the left leg missing from the knee joint down, and bodies Nos. 2 and 3 had the right feet missing.
111. Forensic reports found that the three bodies had perforating wounds to the head, chest and neck, which could have caused the deaths. It is unclear if any other injuries were mentioned. Th



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