on to suspend the investigation as being unsubstantiated and reopened the proceedings. The applicants were not informed of this decision.
49. The Court has not been informed whether any investigative steps have been taken by the district prosecutor's office since the last reopening of the criminal investigation on 13 June 2007.
2. Additional information submitted by the Government
50. The Government submitted additional information about the investigation into the murder of Saidkhasan Dangayev. However, they did not submit to the Court the witness statements, forensic and ballistic reports and a number of other documents to which they referred in their submission. The list of documents submitted by the Government is provided below (see paragraph 64).
51. According to the Government on 24 October 2002 - the day following Saidkhasan Dangayev's death - the Grozny prosecutor's office opened criminal case file No. 54093 and took the necessary investigative measures. The Government did not specify which measures were carried out by the investigators on that date.
52. The Government submitted that the applicants had not informed the investigators that at the material time the Staropromyslovskiy district of Grozny had been under curfew which had prevented the transportation of Saidkhasan Dangayev to a local hospital. In addition, they referred to statements by unnamed witnesses who said that they had not been prevented from moving freely about the Staropromyslovskiy district of Grozny during the curfew.
53. The Government further submitted that the applicant had not mentioned in her complaints to the domestic authorities that the killers could have been Russian military servicemen.
54. According to the Government, the manner in which Saidkhasan Dangayev was killed (by a gun equipped with a silencer) and the fact that the heavily armed assailants had left the scene without responding to the numerous shots fired by Mr Isa D. demonstrated that it could not have been a special operation by law-enforcement agencies. They added that the fact that the killers were armed with AK-47 assault rifles, pistols and sniper rifles with silencers did not prove that they were members of federal forces.
55. According to the Government, the investigators in criminal case No. 54093 questioned six witnesses: Mr Isa D., Mr R.G., Mrs A.E., Mr A.E., Mr T.M., and Mrs Zh.I. who described the perpetrators as a group of unidentified armed masked men in camouflage uniform who had spoken unaccented Russian.
56. The Government further submitted that the description provided by the witnesses did not demonstrate that the assailants were representatives of the State. Although the camouflage uniforms used were similar to the uniform of military servicemen, such uniforms had been available for purchase everywhere in the Russian Federation. In addition, the masks used did not have features distinguishing criminals from military servicemen. The firearms used could have been stolen or obtained by other illegal means. The fact that the killers spoke Russian did not prove that they were Russian military servicemen; they could have been residents of Chechnya and members of illegal armed groups from other countries who spoke the language.
57. The investigators had collected a significant number of bullet casings at the scene. According to the Government, this fact along with the inability of the eye-witnesses to clarify who was shooting and from which direction, cast doubt on the truthfulness of their statements to the criminal investigators. Nevertheless, the investigators had been trying to clarify the factual circumstances surrounding the killing.
58. The Government referred to a letter from the Staropromyslovskiy ROVD and submitted that the investigators had not found any witnesses able to confirm that the killers had arrived at
> 1 2 3 ... 5 6 7 ... 16 17 18
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
