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At around 4 p.m. on 9 March 2002 in Stariye Atagi servicemen of military unit 3179 killed three members of the illegal armed group who were in a car. [Their] bodies were severely damaged and burnt. No measures were taken to identify them.
At the same time, according to applications and statements by residents of Stariye Atagi, during the period when the special operation was being conducted unidentified persons in camouflage uniform accompanied by cars and armoured vehicles abducted A.P. Akhmadov, S.-S. Kanayev, I. Dzhamayev, I. Kuntayev, I.A. Chagayev, A.Sh. Pokayev, I.S. Magomadov, M.Kh. Isambayev, A. Baysarov, T.S. Khadzhayev, A.N. Zakayev.
In the course of the investigation the bodies of the members of the illegal armed groups buried in the cemetery of Stariye Atagi were exhumed and body tissue taken from them; blood samples were taken from relatives of the abducted persons. According to the medical opinion No. 52/2004, the forensic (molecular-genetic) expert examination showed that the remains found at the cemetery were those of I.A. Chagayev, A.Sh. Pokayev, S.-S. Kanayev, I. Dzhamayev, A.P. Akhmadov and I.S. Magomadov...
Taking into account that the term of the preliminary investigation has expired and that the investigative measures that could be taken in the absence of a suspect have been completed, [the investigation should be suspended]."
51. On 6 November 2004 the Military Prosecutor's Office of the UGA quashed the decision and reopened the investigation. Relatives of the disappeared persons were informed accordingly.
52. On 6 December 2004 the Military Prosecutor's Office of the UGA suspended the investigation again. Relatives of the disappeared persons were notified of the decision.
53. On 10 January 2006 the Military Prosecutor's Office of the UGA quashed the decision of 6 December 2004 and reopened the investigation on the following grounds:
"In the course of the investigation significant discrepancies between statements by residents of Stariye Atagi and servicemen concerning the detention of the [disappeared] persons and their possible death as a result of the fighting on 7 and 9 March 2002... were not resolved. Witness statements in this regard were not duly verified and recorded.
The investigating authorities did not take comprehensive measures in order to establish the specific places where the bodies of A.P. Akhmadov, S.-S. Kanayev, I. Dzhamayev, I.A. Chagayev, A.Sh. Pokayev, and I.S. Magomadov, who, according to their relatives, had been apprehended together with the other residents of the village, had been found.
Up until now the whereabouts and the fate of other residents of Stariye Atagi who have been missing since the operation was conducted in March 2002 have not been established.
In such circumstances the decision to suspend the preliminary investigation should be quashed and the investigation resumed."
54. On 9 September 2006 the Military Prosecutor's Office of the UGA ordered another forensic molecular-genetic expert examination aimed at establishing the fate of several other disappeared persons. The order contained the following passage:
"...In the course of the operation a house situated in Nagornaya Street was shelled and blown up, a red VAZ 21099 car with members of an illegal armed group in it was burned and crushed by an APC. ..."
C. The Court's request for the case file
Despite specific requests made by the Court to submit a copy of the file in criminal case No. 56031 (at present No. 34/00/0014-03), the Government did not provide any documents from the case file. They stated that the investigation was in progress and that disclosure of the documents would be in violation of Article 161 of the Russian Code of Criminal Procedure, since the file contained information of a military nature a
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