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





he five bodies had been found in the forest in the vicinity of Darbanbakhi village, in the Gudermes district. They also stated that, according to the information from the prosecutor's office, the relatives had identified only four bodies - those of the applicants' relatives - while the relatives of R.Z. had not identified the fifth body as his.
44. Among the documents submitted by the Government (see below) the 27 September 2003 decision of the Grozny District Prosecutor's Office to adjourn the investigation contained the following description:
"On 8 November 2002 at about 10 a.m. in the forest, about 10 kilometres away from the village of Darbanmakhi, Gudermes district, towards the village of Vinogradnoye, Grozny district, two kilometres to the south from the Darbanmakhi - Vinogradnoye road, five male bodies were discovered with the heads bound with fragments of cloth, the hands tied and firearm wounds. They were later identified by their relatives as having been kidnapped in Chechen-Aul on 23 October 2002: I.Kh. Umarov, A.B. Magomadov, M.Kh. Shakgiriyev, U.A. Abayev and [R.Z.]."
45. It appears that the applicants did not see the bodies before they were buried, nor did they submit them for an autopsy. It also appears that they did not take any photographs before the burial. However, it appears that the bodies were photographed and submitted for a forensic report in Tolstoy-Yurt and that a local medical worker in Chechen-Aul inspected the bodies before the burial.
46. Ali Magomadov's sister Khazhar I. submitted an account of how she identified her brother's body:
"My brother was killed by unimaginable acts of torture. His whole body was covered with strange pink spots, the upper part of the body was darker in colour as if the blood had rushed to it. Maybe he was tortured by electricity or suspended upside down. His hands were tied together behind his back, the neck was also covered with something. Maybe there was a mark there. The feet up to the ankles and hands were as if they had been put into hot water, skin peeled off like after a blister. He was wearing the same clothes and barefoot. The nose was broken, the face was covered with blood mixed with dirt. Everything was too unexpected, the signs of torture were too horrible, we were all in shock..."
47. The first applicant submitted that the bodies of the five men had borne numerous firearm wounds, bones had been broken, and skin on the fingers had been chipping off.
48. On 22 November 2002 the Chechen-Aul outpatient medical service issued a medical certificate of death in respect of Ali Magomadov. The date and place of death were recorded as 9 November 2002, Gudermes district. The certificate indicated that a doctor had examined the body and concluded that death had occurred as a result of murder through strangulation and numerous blows.
49. On 10 December 2002 the same medical service issued a certificate of death in respect of Magomed Shakhgiriyev. The date and place of death were recorded as 9 November 2002, Vinogradnoye village. The cause of death was recorded as a firearm wound to the head - an act of murder.
50. On 10 December 2002 the Chechnya Prosecutor's Office forwarded the first applicant's letter to the Grozny District Prosecutor's Office and informed her that the investigation into the "kidnapping" of her son was under way.
51. On 11 December 2002 the Grozny district civil registration office issued a death certificate for Ali Magomadov. The date and place of death were recorded as 9 November 2002, Gudermes.
52. On 15 December 2002 the first applicant was granted victim status in criminal investigation No. 56166, opened into the kidnapping and subsequent murder of her son and other men.
53. On 17 December 2002 Mr Igrunov, a member of the State Duma, again wrote to the Prosecutor General's Office and



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