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





e Government did not submit copies of these reports and did not specify whether they had established the time of the deaths.
112. According to the Government, at some point the investigators questioned Khasin Yunusov's brother, who confirmed that his brother had been missing since 3 November 2002. He also stated that three months after that the frame of his brother's vehicle had been found in a forest. On 5 April 2003 the witness had learnt of the discovery of three unidentified bodies. He and a brother of Aslan Israilov had identified the bodies of their relatives, as well as the body of Adash A. All three bodies had parts of their legs missing below the knee.
113. At some point the investigation questioned Umalat Abayev's mother, who stated that the three men had been involved in the search of those kidnapped on 23 October 2002. Aslan Israilov had told her that on 3 November 2002 they had arranged a meeting with a man named "Ilyas" in Khankala, who could help in obtaining the release of her son and other detainees. On the same day she learnt that a helicopter had been downed above Khankala, following which all transport movement had been restricted. She had managed to return home, while her son-in-law Aslan Israilov had not returned. Six months later his body, together with the bodies of Khasin Yunusov and Adash A., had been found near Khankala with signs of violent death.
114. According to the Government, other relatives of the three missing men were questioned and granted victim status on unspecified dates. They gave similar statements and testified that they had no information about their relatives' deaths. Khasin Yunusov's sister was granted victim status on 31 March 2003. His mother was also questioned and granted victim status on an unspecified date. Aslan Israilov's brother and Adash A.'s mother were also questioned and granted victim status at some point.
115. The Government stated that the sixth and seventh applicants, the sisters of Umalat Abayev and Khasin Yunusov respectively, had not been granted victim status in the proceedings because they had never applied to the law-enforcement bodies with such requests. The Government also noted that the victims had been informed about the progress of the investigation and that they had never requested to be informed of the results of the forensic expert reports.
116. On 8 May 2003 the head of the Chechen-Aul administration confirmed the information from the relatives concerning the disappearance of three men on 3 November 2002 and the subsequent discovery of their bodies. The Government submitted a copy of his witness statement.
117. In addition, the investigation questioned five other persons. The Government did not provide any other information in relation to these witnesses.
118. The Government also submitted that the investigation had not been made aware of the relatives' allegations to the Court that the three men had been detained in the vicinity of Minutka Square on 3 November 2002. The investigators would take steps in order to check this information.

3. Conclusions in relation to both investigation files

119. In relation to both investigation files, the Government submitted that they had failed to identify the persons who had committed the crimes. The investigating authorities sent requests for information to the competent State agencies in November and December 2002, March 2003, December 2005, and January and April 2006. The investigation found no evidence to support the involvement of the "special branches of the power structures" (специальных подразделений силовых структур) in the crimes. The law-enforcement authorities of Chechnya had never arrested or detained the applicants' relatives on criminal or administrative charges and had not carried out a criminal investigation in respect of them. The Ministry o



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