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





the house by car or in armoured vehicles. According to the letter, on an unspecified date after Saidkhasan Dangayev's death, officers of the Staropromyslovskiy ROVD had gone to the homes of residents in Pogranichnaya Street and the nearby streets trying to obtain information relating to the murder of Saidkhasan Dangayev. They had spoken to five local residents who had not provided any meaningful information.
59. The Government further referred to the ballistic expert's report of 18 June 2003 (a copy of this document was not provided to the Court). According to that report, a comparison of the bullet casings found at the scene of Saidkhasan Dangayev's murder with casings found at the scene of the theft of Mr R. Kh.'s property on 12 October 2002 (criminal case No. 54824 - see paragraph 18 above) and at the scene of the 23 October 2002 shooting at the home of Mr I.S., an officer of the criminal search division of the Staropromyslovskiy ROVD (criminal case No. 54098) had established that the same gun had been used to commit all three crimes.
60. Referring to the witness statement of Mr T.M., an engineer from the operational communications department of the Staropromyslovskiy ROVD (see paragraph 17 above), the Government submitted that at about 9.30 p.m. on 23 October 2002 a group of unidentified masked men in camouflage uniforms had broken into his yard, demanded his officer's identity card and taken it away with them.
61. The Government contended that the taking of T.M's and Saidkhasan Dangayev's identity cards by the unidentified men demonstrated that the crimes had been perpetrated by the same group with the intention of using the documents for criminal purposes.
62. The Government further referred to the information received from the Chechnya Department of the Federal Security Service (the Chechnya FSB) and the Oktyabrskiy ROVD of Grozny that the Chechnya FSB had not conducted any special operations in Pogranichnaya Street, Grozny on 23 October 2002. Various prosecutors' offices in Chechnya had also confirmed that they were not aware of any special operations being carried out by law-enforcement agencies in Pogranichnaya Street, Grozny on that date.
63. The Government further confirmed that the investigation had been suspended on a number of occasions owing to the failure to identify the perpetrators. The applicants had been duly informed each time the criminal proceedings had been suspended or reopened as also of their right to appeal against these decisions to public prosecutors or domestic courts. The Government further stated that although the investigation had not identified the killers, it was currently under way and investigative measures aimed at solving the crime were being taken.
64. Despite specific requests by the Court the Government refused to disclose most of the documents from the investigation file in criminal case No. 54093 on the grounds that the investigation was in progress and that disclosure of the documents would be in violation of Article 161 of the Code of Criminal Procedure, since it would be against the interests of the participants of the criminal investigation and lead to a violation of their rights. The Government submitted 20 procedural documents (29 pages) from the investigation file in criminal case No. 54093 as follows:
(a) decision dated 24 October 2002 to open a criminal case;
(b) four investigators' decisions dated 28 October 2002, 19 May 2003, 26 April 2004 and 7 November 2005 to take up the case;
(c) five decisions dated 24 December 2003 (which should read 24 December 2002), 19 June 2003, 6 March 2004, 27 May 2004 and 7 December 2005 to suspend the investigation;
(d) four decisions dated 14 May 2003, 6 February 2004, 27 March 2004 and 13 June 2007 to reopen the investigation;
(e) four letters dated 15 January 2003, 18 June 2003, 27 May



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