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Постановление Европейского суда по правам человека от 08.01.2009 «Дело Дангаева и Тарамова (Dangayeva and Taramova) против России» [англ.]





rior of the Staropromyslovskiy district of Grozny (the Staropromyslovskiy ROVD), requested his identity papers and taken away his officer's identity card.
18. On the same date a shooting incident involving the same group of armed men had taken place at the house of Mr I. S., an officer of the criminal search unit of the Staropromyslovskiy ROVD.
19. The Government stated that according to information received from various prosecutors' offices in Chechnya no "power structures" (силовые структуры) had been engaged in special operations in Pogranichnaya Street, Grozny on 23 October 2002. The Government stressed that there were grounds for suspecting that the group of armed men who had visited all three houses were an illegal armed group.

B. The investigation into the death

1. The background

20. On 24 October 2002 the prosecutor's office of the city of Grozny ("the Grozny prosecutor's office") instituted an investigation into the murder of Saidkhasan Dangayev under Article 105 § 2 of the Russian Criminal Code ("aggravated murder"). The case file was assigned number 54093.
21. On 24 October 2002 Saidkhasan Dangayev's body was examined by a forensic expert and a report was drawn up which stated that the body had two gunshot wounds: one in the left arm and the other on the left side of the chest. No other injuries were found. It appears that the examination was perfunctory and no post-mortem was carried out.
22. On 5 November 2002 the Grozny prosecutor's office granted the first applicant victim status in criminal case No. 54093.
23. On 6 November 2002 it issued a certificate confirming that Saidkhasan Dangayev had been killed by unidentified persons and that the investigation was in progress.
24. On 24 December 2002 (in the documents produced to the Court the date is mistakenly stated as being 24 December 2003) the Grozny prosecutor's office suspended the investigation in case No. 54093 owing to a failure to establish the identity of the killers.
25. On an unspecified date in 2002 it conducted a crime scene inspection at 14 Pogranichnaya Street, Grozny, where it collected an AK-47 assault rifle No. 519506, a machine-gun belt, bullet casings, bullets and a cartridge.
26. On 15 January 2003 it informed the first applicant of its decision to suspend the investigation.
27. On 4 - 5 February 2003 the Chechnya Forensics Bureau examined the cause of death on the basis of an autopsy report dated 24 October 2002. It concluded that the death could have been caused by the gunshot wound in the chest.
28. On 5 April 2003 the first applicant wrote to the Chechnya prosecutor's office requesting that the investigation into her husband's murder be resumed, that she be provided with detailed information on progress and granted victim status in the proceedings.
29. On 14 May 2003 the Chechnya prosecutor's office quashed the decision to suspend the investigation and reopened the proceedings, noting inter alia, that the investigation had established the following:
"...Between 9.30 p.m. and 11 p.m. on 23 October 2002 a group of armed men in camouflage uniform conducted identity checks and inspected houses in Pogranichnaya Street, Grozny. They entered the yard of the house at 14 Pogranichnaya Street where the senior bailiff from the Staropromyslovskiy bailiff's office S.Kh. Dangayev resided with his wife, his nephew and his nephew's wife.
According to the witness statement of Mrs M. Dangayeva, the wife of the victim, six or seven armed men entered the yard. S.Kh. Dangayev heard the noise and came out into the yard. He had his pistol and bailiff's identity card with him. He produced them to the men and asked them who they were. In response he was kicked between the legs. He then ran back into the house a



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