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





asked him to ensure that additional investigative steps were taken in order to find out who was responsible for the kidnapping and murder of Umalat Abayev and other villagers. He noted that the arrest and detention had been carried out by a military group and that it should be relatively easy to establish who had been responsible for the mission in question.
54. On 15 January 2003 the Grozny District Prosecutor's Office issued the second applicant with a note confirming that the death of her husband on 23 October 2002 was being investigated by that office. The certificate was issued for submission to Ali Magomadov's employer, the Grozny branch of Gazprom.
55. On 17 January 2003 the Grozny district civil registration office issued a death certificate for Magomed Shakhgiriyev. The date and place of death were recorded as 9 November 2002, Vinogradnoye, Grozny district.
56. On 23 January 2003 the Chechnya Prosecutor's Office replied to Mr Igrunov's enquiry about the investigation into the abduction and murder of Umalat Abayev. The letter stated that on 23 October 2002 the Grozny District Prosecutor's Office had opened criminal investigation file No. 56166 under Article 126, paragraph 2, of the Criminal Code (kidnapping). After the discovery of Umalat Abayev's body on 8 November 2002, the Gudermes District Prosecutor's Office had opened criminal investigation No. 57103 under Article 105, paragraph 2 (murder with aggravating circumstances). On 10 January 2003 the two sets of proceedings had been joined as file No. 56166 at the Grozny District Prosecutor's Office. The letter further stated that the Chechnya Prosecutor's Office had examined the investigation file. In order to solve the crime, requests for information had been forwarded to various military and security services in Chechnya and in the Northern Caucasus. The investigation obtained information that Mr Abayev had been a follower and a supporter of the "Wahhabi" movement, and had actively promoted its teachings. The letter also explained that the previous letter of 18 November 2002 from the Chechnya Prosecutor's Office, which had referred to the adjourned criminal investigation into Mr Abayev's abduction, had in fact concerned his detention on 24 December 2001 during a special operation. After a check Mr Abayev and others had returned home. On 26 January 2002 criminal investigation file No. 56014 had been opened into his kidnapping but had later been adjourned for failure to identify the culprits. On 15 February 2003 Mr Igrunov forwarded his correspondence with the prosecutor's office to Umalat Abayev's family.
57. On 11 April 2003 the relatives of the five men from Chechen-Aul wrote to the Grozny District Prosecutor's Office and the Chechnya Prosecutor's Office. They asked for details of the criminal investigation and requested to be granted victim status in the proceedings.
58. On 16 April 2003 the Grozny district civil registration office issued a death certificate for Umalat Abayev. The date and place of death were recorded as 23 October 2002, Chechen-Aul.
59. On 22 April 2003 the applicants wrote to the Chechnya Prosecutor and the Grozny District Prosecutor asking to be informed of the progress in the investigation concerning the abduction and murder of six men from Chechen-Aul. They noted that they were not aware of the criminal investigation file number or whether there had been any progress in the proceedings. They also asked to be granted victim status in the proceedings. As no reply was received to that letter, they sent it again in May or June 2003.
60. On 9 July 2003 the SRJI, acting upon the applicants' behalf, asked the Chechnya Prosecutor and the Grozny District Prosecutor for an update on the criminal investigation into the abduction and murder of five men from Chechen-Aul and asked them to grant the relatives



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