CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 18 juin 2009

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s598389FF { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:18pt } .sF5E1C6CF { font-family:Arial; font-weight:bold; text-decoration:underline; color:#ff0000 } .sE208486F { font-family:Arial; color:#ff0000 } .s491F5244 { font-family:Arial; font-style:italic; color:#ff0000 } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBA727180 { width:35.3pt; display:inline-block } .sEC177689 { margin-top:0pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify } .s967D43C6 { margin-top:36pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s87F05BA2 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sC443675D { margin-top:36pt; margin-bottom:30pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sD2857263 { margin-top:30pt; margin-left:17.85pt; margin-bottom:12pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s11869A80 { margin-top:0pt; margin-bottom:18pt; text-indent:14.2pt; text-align:justify } .s684F2214 { margin-top:18pt; margin-left:29.2pt; margin-bottom:24pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s25BD2B45 { margin-top:24pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s984A15CA { margin-top:6pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sD5DF731 { margin-top:0pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .sC702907E { margin-top:12pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s8F4EE4B8 { margin-top:6pt; margin-bottom:18pt; text-indent:14.2pt; text-align:justify } .s33C53B69 { margin-top:24pt; margin-left:36.6pt; margin-bottom:18pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s360DA689 { margin-top:18pt; margin-left:48.75pt; margin-bottom:6pt; text-indent:-17pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s8378218E { margin-top:12pt; margin-left:48.75pt; margin-bottom:6pt; text-indent:-17pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s6477A72F { margin-top:0pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify } .s377EF8D6 { margin-top:6pt; margin-left:28.35pt; margin-bottom:12pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .sB3E56D84 { margin-top:12pt; margin-left:28.35pt; margin-bottom:12pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s339C6B8E { margin-top:12pt; margin-left:28.35pt; margin-bottom:18pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .sEC2CB098 { margin-top:6pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify } .s9CB19847 { margin-top:6pt; margin-left:28.35pt; margin-bottom:6pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s1913A4C6 { margin-top:6pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s9F223FEE { margin-top:18pt; margin-left:17.85pt; margin-bottom:12pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s3B3A5DE9 { margin-top:12pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify } .s46B3B71C { margin-top:30pt; margin-left:17.85pt; margin-bottom:30pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s3CA22BA { font-family:Arial; text-transform:uppercase } .s3C0142D3 { margin-top:30pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s9BAE5781 { margin-top:18pt; margin-left:11.6pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s93EDF1FF { margin-top:18pt; margin-left:17.85pt; margin-bottom:30pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s72F8249F { font-family:Arial; display:none } .s7EE1C8F0 { margin-top:18pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s52DA829 { font-family:Arial; font-style:italic; display:none } .s507703F { margin-top:12pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify } .sA1CDB767 { margin-top:6pt; margin-left:21.25pt; margin-bottom:12pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s281358E1 { margin-top:12pt; margin-left:21.25pt; margin-bottom:12pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s8A9F351B { margin-top:12pt; margin-left:21.25pt; margin-bottom:24pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s804EF768 { margin-top:24pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sB6F98828 { margin-top:12pt; margin-left:36.6pt; margin-bottom:18pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sB1BD30C0 { margin-top:6pt; margin-left:21.25pt; margin-bottom:24pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s9D48DD53 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .sFD4D42B6 { margin-top:12pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s8E011338 { margin-top:12pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s56E27C8 { margin-top:6pt; margin-left:21.25pt; margin-bottom:24pt; text-indent:7.1pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .sAA8DEB86 { margin-top:18pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; text-align:justify } .sAB173E38 { margin-top:12pt; margin-left:17pt; margin-bottom:0pt; text-indent:-17pt; text-align:justify } .s127C7598 { margin-top:0pt; margin-left:17pt; margin-bottom:0pt; text-indent:-17pt; text-align:justify } .sD66C1369 { margin-top:0pt; margin-left:17.3pt; margin-bottom:0pt; text-align:justify } .s60723A49 { margin-top:0pt; margin-left:39.7pt; margin-bottom:0pt; text-align:justify } .s308FBE0C { margin-top:0pt; margin-left:17.3pt; margin-bottom:12pt; text-align:justify } .s48DB3670 { margin-top:12pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s7CB9076 { margin-top:36pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid } .s507451D6 { width:4.53pt; display:inline-block } .sDC8E1F0A { width:193.11pt; display:inline-block } .s7602FED2 { width:18.21pt; display:inline-block } .sC1AC44A4 { width:228.11pt; display:inline-block }     FIRST SECTION       CASE OF MAGOMADOVA v. RUSSIA   (Application no. 2393/05)             JUDGMENT       STRASBOURG   18 June 2009   FINAL   06/11/2009   This judgment may be subject to editorial revision. In the case of Magomadova v. Russia, The European Court of Human Rights (First Section), sitting as a Chamber composed of:   Christos Rozakis, President,   Nina Vajić,   Anatoly Kovler,   Elisabeth Steiner,   Khanlar Hajiyev,   Dean Spielmann,   Sverre Erik Jebens, judges, and Søren Nielsen, Section Registrar , Having deliberated in private on 28 May 2009, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 2393/05) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Russian national, Ms Sabigat (also spelled as Sebigat and Sebikat, also known as Rosa) Saidovna Magomadova (“the applicant”), on 25 November 2004. 2.     The applicant was represented by lawyers of the NGO EHRAC/Memorial Human Rights Centre. The Russian Government (“the Government”) were represented by their Agent, Mr   G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights. 3.   On 23 April 2008 the Court decided to apply Rule   41 of the Rules of Court and to grant priority treatment to the application. 4.     On the same date the Court decided to give notice of the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility. 5.     The Government objected to the joint examination of the admissibility and merits of the application. Having considered the Government’s objection, the Court dismissed it. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 6.     The applicant was born in 1956 and lives in Urus-Martan, Chechnya. The applicant is the mother of Ibragim Uruskhanov (in the submitted documents also spelled as Ustarkhanov and Usturkhanov), who was born in 1973. 7.     The facts of the case, as submitted by the parties, may be summarised as follows. A.     Disappearance of Ibragim Uruskhanov 1.     The applicant’s account 8.     At the material time the town of Urus-Martan was under curfew. The applicant’s house was located in the eastern part of the town, in the vicinity of a Russian military checkpoint. 9.     On the night of 12 April 2002 the applicant, her son Ibragim Uruskhanov and other relatives were sleeping in their flat, no.   7, located on the second floor of a block of flats at 56 Lenina Street, Urus-Martan, Chechnya. 10.     At about 3 a.m. the applicant heard a group of people going up the stairs to the second floor of the building. The applicant got up and looked out of the window. By the light of a street lamp she saw that the building and a nearby garage were surrounded by forty to fifty armed men in camouflage uniforms. 11.     The applicant approached the entrance door and heard someone’s order in Russian: “ No noise. Let nobody out of the building ”. After that a group of seven or eight armed men broke down the door of the applicant’s flat. Two of them were wearing masks; the others had no masks and had Slavic appearance. They neither identified themselves nor produced any documents. The applicant and her relatives thought that they were Russian military servicemen. 12.     At first the servicemen rushed into the applicant’s room, then into the room of her son Ibragim Uruskhanov and his family. The servicemen took Ibragim Uruskhanov’s passport and ordered him to go with them. When the applicant asked why they were taking her son away, the servicemen told her that they were taking him “to find something out” ( для выяснения ) and that she would find him the next morning, either at the Urus-Martan temporary district department of the interior (the VOVD) or at the local military commander’s office.   While Ibragim Uruskhanov was getting dressed the intruders searched the flat. They did not explain what they were looking for. It appears that they did not find anything of interest to them. 13.     Having spent about fifteen minutes in the applicant’s flat, the servicemen took her son outside. The applicant tried to follow them, but at the entrance to the building she was stopped by one of the officers, who ordered her to return home as she was violating the curfew. According to the applicant’s neighbour, Mr A.M., ten to twelve intruders walked with Ibragim Uruskhanov in the direction of the Russian military checkpoint. 14.     The applicant waited for a few minutes and ran to her daughter, who lived nearby. Having told her about the abduction of Ibragim Uruskhanov, the applicant went back home. On her way to the flat the applicant saw a military URAL vehicle moving slowly, behind another vehicle which looked like an APC (armoured personnel carrier). Both vehicles drove in the direction of the Russian military checkpoint located in the building of the former enterprise Selkhozkhimia on the eastern outskirts of Urus-Martan. 15.     When the applicant returned home, a number of neighbours were waiting for her. They told her that they had seen from their windows Russian military servicemen arriving at the block of flats in an APC and a military URAL vehicle. The servicemen had ordered those neighbours who had attempted to go outside to stay in their flats. 16.     The applicant has had no news of Ibragim Uruskhanov since the night of his abduction. 17.     In support of her submission, the applicant furnished the Court with the following witness accounts: two statements by the applicant dated 1   October 2005 and 20 October 2008; an account by Mrs A. A. dated 30   September 2005; two accounts by Mrs R. Z. dated 29 September 2005 and 7 October 2008; an account by Mrs L. A. dated 22 April 2004; an account by Mrs M.M. dated 20 October 2008 and an account by Mr M.A. dated 20 October 2008. 2.     Information submitted by the Government 18.     The Government did not challenge most of the facts as presented by the applicant. According to the decision of the Urus-Martan district prosecutor’s office of 18 April 2002 concerning the opening of a criminal investigation “...at about 3.45 a.m. on 12   April 2002 unidentified persons armed with automatic weapons entered the Uruskhanovs’ flat at no.   56, Lenina Street in Urus-Martan, kidnapped Ibragim Tausovich Uruskhanov and left in an unknown direction...” The Government further pointed out that the criminal case file materials did not contain any indication to the effect that Ibragim Uruskhanov’s abductors had searched the applicant’s home. B.     The search for Ibragim Uruskhanov and the investigation 1.     The applicant’s account (a)     The official investigation 19.     In the morning of 12 April 2002 the applicant went to a number of local law enforcement authorities, including the VOVD and the Urus-Martan district military commander’s office (the district military commander’s office). None of them had any information concerning the arrest or the whereabouts of Ibragim Uruskhanov. 20.     On 12 April 2002 the applicant complained about her son’s abduction to the Urus-Martan district prosecutor’s office (the district prosecutor’s office) and the VOVD and requested assistance in establishing his whereabouts. In her complaints to the authorities she stated that on the night of 12 April a group of masked men in camouflage uniforms had broken into her house and taken Ibragim Uruskhanov away. 21.     On 18 April 2002 the district prosecutor’s office instituted an investigation into the abduction of Ibragim Uruskhanov under Article 126   §   2 of the Criminal Code (aggravated kidnapping). The case file was assigned number 61074. 22.     On 19 April 2002 the applicant was granted victim status in the criminal case. 23.     On 23 April 2002 the applicant wrote to the district prosecutor’s office. She complained that her son had been abducted by a group of fifteen to twenty armed men in camouflage uniforms, and requested assistance in establishing his whereabouts. 24.     On 27 April 2002 the applicant wrote to the military prosecutor of an unspecified military unit. She complained that her son had been abducted by a group of fifteen to twenty armed men in camouflage uniforms and requested assistance in establishing his whereabouts. 25.     On 4 June 2002 the Chechnya department of the Federal Security Service (the Chechnya FSB) informed the applicant that they had forwarded her complaint about her son’s abduction to the military prosecutor’s office of military unit no.   20102 for examination. 26.     On 18 June 2002 the investigation in the criminal case was suspended for failure to establish the perpetrators. 27.     On 22 June 2002 the head of the VOVD informed the applicant that they had opened an operational search file to establish her son’s whereabouts. The letter also stated that the search measures undertaken by the VOVD had failed to produce any results. 28.     On 4 July 2002 the Chechnya prosecutor’s office forwarded the applicant’s complaint about her son’s abduction to the district prosecutor’s office for inclusion in the criminal case file materials. 29.     On 20 January 2003 the applicant wrote to the district military commander’s office. She stated that on 12 April 2002 a group of officers from law enforcement agencies of the Urus-Martan district had abducted her son; that they had neither identified themselves nor produced any documents and that they had not informed her whether any charges had been brought against her son. The applicant pointed out that she had complained about her son’s abduction to a number of State authorities, but none of them had provided any information concerning her son’s whereabouts and the identities of the perpetrators. Finally, she requested to be informed whether any criminal charges had been brought against Ibragim Uruskhanov and asked for assistance in the search for his whereabouts. 30.     On 13 May 2003 the Department of the Prosecutor General’s office in the Southern Federal Circuit informed the applicant that her complaint about the abduction and subsequent disappearance of her son had been forwarded to the Chechnya prosecutor’s office for examination. 31.     On 19 February 2004 the Pyatigorsk town prosecutor’s office informed the applicant that Ibragim Uruskhanov was not detained in the no. 2 pre-trial detention centre ( СИ-2 УИН МЮ РФ по СК ). 32.     On 25 March 2004 the applicant wrote to the Chechnya FSB requesting assistance in the search for her son. 33.     On 6 April 2004 the Chechnya FSB replied to the applicant stating that they had no information concerning the reasons for her son’s abduction, his whereabouts or the identities of his abductors. 34.     On 20 April 2004 the applicant again complained to the district prosecutor’s office. She described in detail the circumstances of her son’s abduction and pointed out that the abductors had failed to produce any documents for his arrest; that they had taken her son’s passport and told her that she would find him the next morning at the VOVD. 35.     On 7 February 2005 the applicant again wrote to the district prosecutor’s office. In her letter she provided a detailed description of her son’s abduction by officers of Urus-Martan law enforcement agencies and his subsequent disappearance. She pointed out that none of the local law enforcement agencies had acknowledged involvement in her son’s abduction. The applicant stated that there was irrefutable evidence that her son had been abducted by representatives of State authorities. She pointed out that her son’s abductors had used an APC and a military URAL vehicle, which could have been used only by federal forces; that the abduction had been conducted at night, during the curfew, and that the abductors must have coordinated their actions with the district military commander’s office; that the abductors spoke unaccented Russian and were wearing camouflage uniform typical for Russian federal forces; that when on 12 April she had complained to the authorities about her son’s abduction, they had failed to assist her in the search, which would not have been the case if they had suspected the involvement of illegal armed groups in the incident; that the abductors had driven away with her son in the direction of the Russian military checkpoint and that a passage of any unauthorised vehicle would not have been possible without the authorities’ permission. Further, the applicant complained about ineffectiveness of the investigation in criminal case no.   61074 and the lack of access to the criminal case file materials. She requested the prosecutor’s office to take the following investigative measures: to establish the identity of the owners of the APC and the military URAL car; to question the vehicles’ drivers and seize all related documentation; to identify and question the staff of local law enforcement agencies; to establish the identity of and question witnesses to her son’s abduction; to examine and collect documentation from local detention centres on the possible detention of Ibragim Uruskhanov, and to question the heads of local law enforcement bodies. Finally, she requested the investigators to resume the investigation and provide her with access to the investigation file. 36.     On 22 February 2005 the district prosecutor’s office informed the applicant that on 9 February 2005 they had allowed her complaint in part and on 22 February 2005 they had resumed the investigation in the criminal case. 37.     On 12 April 2005 the applicant wrote to the district prosecutor’s office requesting information on the progress of the investigation in the criminal case. 38.     On 15 April 2005 the district prosecutor’s office informed the applicant that on 22 March 2005 they had suspended the investigation in the criminal case for failure to establish the identity of the perpetrators. 39.     On 20 December 2005 the applicant wrote to the district military commander and requested assistance in the search for her son. She complained that her son had been abducted by Russian servicemen, who had arrived in an APC and a military URAL vehicle, provided a detailed description of her son’s abductors and pointed out that the abductors had left in the direction of the military checkpoint. 40.     On 26 June 2006 the applicant again requested the district prosecutor to inform her about the progress in the criminal case. The applicant stated that her son had been abducted by Russian federal servicemen; that there were a number of pieces of evidence proving the involvement of the Russian military in the abduction and that she had pointed them out to the investigators who nonetheless had failed to establish her son’s whereabouts. 41.     On 12 February 2007 the applicant again requested the authorities to inform her about the progress in the investigation and provide her with copies of procedural decisions. 42.     On 14 February 2007 the district prosecutor’s office granted the applicant’s request in part, stating that she was entitled to familiarise herself only with those documents which reflected investigative measures taken with her participation. 43.     On 8 February 2008 the investigators resumed the investigation in the criminal case and informed the applicant about it. 44.     On 8 March 2008 the investigators suspended the investigation in the criminal case owing to the failure to establish the perpetrators and informed the applicant about it. 45.     On 25 June 2008 the investigators resumed the investigation in the criminal case and informed the applicant about it. No other information concerning the investigation was provided to the applicant. (b)     Proceedings against law-enforcement officials 46.     On 9 March 2005 the applicant lodged a complaint with the Urus-Martan Town Court (the Town Court). She described the events of 12 April 2002 and complained that the investigation in criminal case no. 61074 was ineffective. The applicant sought a ruling obliging the district prosecutor’s office to take a number of investigative measures and provide her with access to the investigation file. On 30 March 2005 the court rejected her complaint and on 20 April 2005 this decision was upheld on appeal. 47.     On 20 May 2005 the applicant lodged another complaint with the Town Court. She sought a ruling obliging the district prosecutor’s office to resume the investigation in criminal case no.   61074 and conduct it in an effective and thorough manner. On 20 June 2005 the court rejected the applicant’s complaint. 48.     In the summer of 2005 the applicant lodged another complaint with the Town Court. She stated that her son had been abducted by Russian servicemen who had arrived in military vehicles. She complained that the criminal investigation was ineffective, that it had been repeatedly suspended and reopened with no tangible results in more than three years. The applicant sought a ruling obliging the district prosecutor’s office to resume the investigation in criminal case no.   61074 and conduct it in an effective and thorough manner. On 5 August 2005 the court allowed the applicant’s complaint. It instructed the district prosecutor’s office to resume the investigation in the criminal case and conduct it in an effective and thorough manner. In its decision the court stated, inter alia , the following: “... in her request of 7 February 2005 S. Magomadova requested the investigation to take the following measures: - to establish which power structures owned APCs and URAL vehicles in April 2002 in the Urus-Martan district and establish where those vehicles were on the night of 12 April 2002..... - to establish the identity of and question the drivers of the above vehicles to find out where they were on the night [of the abduction]... - to establish and question the staff of all those law enforcement agencies who in April 2002 in Urus-Martan conducted arrests of persons suspected of illegal armed activities; to establish where they were on the night [of the abduction]; - to take measures in order to establish witnesses [to the abduction] among the local population... - to collect all relevant documentation in detention centres to establish whether her son had been detained in these centres; to question the heads of the detention centres; - to question the heads of the military commander’s office and other law enforcement agencies in the Urus-Martan district to establish which group of law enforcement officers obtained permission to move around in Urus-Martan on the night between 11 and 12 April 2002.... ... However, from the file of criminal case no.   61074 it follows that ... the investigators conducted only ...the examination of the registration logs of persons arrested... and detained... in the Urus-Martan district department of the interior; ... ... they also forwarded requests for assistance in establishing the whereabouts of [the applicant’s son] and the perpetrators [of his abduction]... There is no indication that any other investigative measures ...stated in the [applicant’s] request.... were taken by the investigators, which demonstrates the incompleteness of the preliminary investigation...” (c)     Official acknowledgement of Ibragim Uruskhanov’s death 49.     On 1 April 2008 the Town Court granted the applicant’s claim and declared her son Ibragim Uruskhanov deceased as of 1 April 2008. The court reasoned, inter alia , as following: “...the fact of the disappearance of Ibragim Tausovich Uruskhanov in life-threatening circumstances, or in the circumstances providing grounds to presume his death .... is proved by the evidence collected in the [criminal] case...” 50.     On 21 October 2008 the Urus-Martan town registration office issued death certificate no.   588252 confirming the death of Ibragim Uruskhanov as of 1 April 2008. 2.     Information submitted by the Government 51.     On 12 April 2002 the applicant complained about her son’s abduction to the head of the VOVD. 52.     On 18 April 2002 the district prosecutor’s office instituted an investigation of Ibragim Uruskhanov’s abduction under Article 126 § 2 of the Criminal Code (aggravated kidnapping). The case file was assigned number 61074. 53.     On 19 April 2002 the applicant was granted victim status in the criminal case and questioned. A copy of the applicant’s witness statement was not provided by the Government. 54.     On an unspecified date in April 2002 the district prosecutor’s office conducted a scene of crime examination in the Michurina orchards located in the village of Goyty in the Urus-Martan district. According to the transcript, blown-up remains of four male corpses had been found on the site and forwarded for forensic examination and identification. 55.     On 1 May 2002 the VOVD informed the investigators that the applicant’s son was not listed as one of their detainees. 56.     On 6 May 2002 the investigators again questioned the applicant, who stated that at about 12 noon on 2 May 2002 in the central square of Urus-Martan a stranger had told her that on the outskirts of the village of Goyty, in the direction of Chechen-Aul, fragments of two human bodies had been discovered. The applicant immediately had gone to the site. There she had found fragments of trousers, a black T-shirt and two pieces of the footwear her son Ibragim Uruskhanov had been wearing on the night of his abduction. According to the applicant, she recognised those items by their colours, the way they were damaged and special features such as the stripe on the legs of the trousers, the shape of the heels on the shoes and traces of brown paint on the soles. The applicant had collected the items. She was ready to provide them to the investigators for inclusion into the investigation file. It appears that the investigators did not collect the items from the applicant. 57.     On 8 May 2002 the Urus-Martan FSB informed the investigators that they had not detained the applicant’s son. 58.     On 26 April 2004 the investigators informed the applicant that they were taking operational search measures to establish her son’s whereabouts. 59.     On 7 February 2005 the applicant wrote to the Urus-Martan district prosecutor. In her letter she stated that her son had been abducted by representatives of Russian power structures and pointed out that there was irrefutable evidence to this effect, such as: the abductors had used armoured military vehicles; the abductors must have obtained the permission of the Russian military to move around in the area during curfew; the large number of the abductors and their unaccented Russian had also demonstrated that they were military servicemen; when on the morning of 12 April 2002 the applicant had complained about the abduction to the law enforcement agencies, they had failed to block the roads or arrest the culprits; after the abduction the military vehicles had driven away in the direction of the Russian military checkpoint; at the material time the town had been under the full control of Russian federal forces and all roads leading to and from the city were blocked by checkpoints. The applicant requested the investigators to take, inter alia , the following measures: to establish the identity of the owners of the APCs and URAL vehicles in Urus-Martan; to question their drivers about the night in question; to establish the identity of and question the staff of local law enforcement agencies about their participation in arrests in April 2002; to question officers of the military commander’s office and other power structures about any permissions issued for moving around on the night of 12 April 2002. Finally, the applicant requested that the investigation in the criminal case be resumed and she be provided with access to the investigation file. 60.     On 22 February 2005 the district prosecutor’s office informed the applicant that they had partially granted her request and resumed the investigation on the same date. 61.     On 25 February 2005 the applicant was again granted victim status in the criminal case and questioned. The applicant stated that at about 3 a.m. on 12 April 2002 she had been woken by the sound of steps on the staircase. She had looked out of the window and seen that the house had been surrounded by armed men in camouflage uniforms. Then a group of seven to eight men in camouflage uniforms, armed with machine guns, had broken down the door, entered the flat and proceeded to her son’s bedroom. The applicant had not been able to see the insignia on the intruders’ uniform. One of them requested and took away Ibragim Uruskhanov’s passport. The men had ordered the applicant’s son to get dressed and follow them. When the applicant had asked why he was being taken away, one of them had told her that they were taking him to find something out and that in the morning the applicant would find him in the VOVD. The men had taken Ibragim Uruskhanov with them. They had ordered the applicant to stay inside and threatened to shoot her if she disobeyed, as the curfew was in force. The applicant had waited until the men had left the flat and had followed them, keeping some distance. The group, which consisted of about forty armed men, had walked through the local hospital’s yard and then proceeded towards Obyezdnaya Street. When the witness reached the street she saw an APC without registration numbers driving towards the Russian military checkpoint. The applicant returned home. Early in the morning of 12 April 2002 she had gone to the VOVD, the military commander’s office and the prosecutor’s office. All these law enforcement agencies had denied any involvement in the abduction of Ibragim Uruskhanov. The applicant further stated that on the night of the abduction her son had been wearing a black sheepskin coat, a black T-shirt, a brown pullover, dark trousers, dark blue underpants, blue socks and black leather slippers. In May 2002 the applicant had found out that in the Chernorechenskiy forest human remains had been found. Residents of the nearby village of Goyty had collected remains of two bodies, while pieces of clothing and a slipper had remained on the site. According to the applicant, she immediately had gone to the place of the discovery. There she had found pieces of clothing and a slipper that her son had been wearing on the night of the abduction. On the following day the applicant had gone to the site again, this time with representatives of the VOVD and the prosecutor’s office. They had found the applicant’s son’s second slipper at the top of a tree. After that the applicant and the officers had gone to Goyty and asked local residents to show them the remains of the two bodies. Local residents had informed the applicant that they had identified these remains as belonging to their children. Then the officers had told the applicant that after abductions detainees were usually forced to exchange their clothing with other detainees, therefore it was possible that Ibragim Uruskhanov’s clothing had been worn by other men. 62.     On 27 February 2005 the investigators examined the registration log of detainees of the temporary detention centre in the VOVD and the registration log of persons arrested by the VOVD. According to the results, no entries concerning an arrest or detention of Ibragim Uruskhanov were found. 63.     On 12 March 2005 the applicant requested the investigators to inform her about the progress of the investigation in the criminal case. 64.     On 22 March and 15 April 2005 the district prosecutor’s office informed the applicant that the investigation in the criminal case had been suspended on 22 March 2005 for failure to establish the identity of the perpetrators. 65.     On 24 March 2005 the deputy head of the Urus-Martan FSB informed the investigators that they had information about the involvement of the applicant’s son in activities of an illegal armed group under the command of Mr T. Udayev. However, they had no information either concerning Ibragim Uruskhanov’s whereabouts or the identity of his abductors. The Government did not submit a copy of this document. 66.     On 26 March 2005, in September 2005 (the date is illegible) and on 5 October 2006 the Operational Search Bureaus in the Southern Federal Circuit (the ORB and ORB-2) informed the investigators that their staff had been instructed to search for Ibragim Uruskhanov and that they did not have any incriminating information concerning the applicant’s son. 67.     On 15 August 2005 the district prosecutor’s office informed the applicant that the investigation in the criminal case had been resumed. On the same date the applicant was informed that the investigation had been suspended. 68.     On 17 August 2005 a number of detention centres in various regions of the Russian Federation informed the investigators that Ibragim Uruskhanov was not listed among their detainees. 69.     On 25 and 26 August 2005 the investigators requested a number of law enforcement agencies, including the district military commander’s office and the Urus-Martan FSB, to provide the following information: registration logs’ entries concerning all persons detained on 12 April 2002; records reflecting the usage of military vehicles by the law enforcement agencies on the night of the abduction; information about the drivers of APCs and URAL vehicles who had been serving in the area at the material time; information concerning whether the military commander’s office had checked the movement of vehicles on the night of 12 April 2002. The Government did not submit a copy of either these requests or responses to them. 70.     On 31 August 2005 the Operational Group of the Ministry of the Interior in Urus-Martan district informed the investigators that they did not have any information concerning Ibragim Uruskhanov’s abduction (the surname of the applicant’s son was misspelled in the document and stated as Usturkhanov). The letter also stated that at the material time, namely April 2002, the VOVD had been staffed by officers from the Orenburg region. 71.     On an unspecified date in August 2005 and on 4 September 2005 the Chechnya FSB informed the investigators that they did not have any incriminating information against the applicant’s son. 72.     On unspecified dates in August and September 2005 the Staropromyslovskiy district department of the interior (the ROVD), the Vedenskiy ROVD, the Urus-Martan ROVD, the Shelkovskiy ROVD, the Shatoiskiy VOVD, the Sharoiskiy ROVD, the Itum-Kalinskiy ROVD, the Gudermeskiy ROVD, the Nadterechniy ROVD, the Zavodskoy ROVD, the Achkhoy-Martan district prosecutor’s office and the Naurskiy district prosecutor’s office informed the investigators that they had not arrested or detained the applicant’s son and that they had not brought any criminal proceedings against him; that he had not applied for medical assistance and that his corpse had not been found. The name of the applicant’s son was misspelled in the documents and stated as Usturkhanov. 73.     On 2 September 2005 the investigators requested the Main Information Centre of the Russian Ministry of the Interior to provide information concerning the criminal record of Ibragim Uruskhanov. The name of the applicant’s son was misspelled in the document and stated as Usturkhanov. 74.     On an unspecified date in 2005 the Urus-Martan VOVD informed the investigators that they did not have any information concerning the participation of the applicant’s son in the activities of illegal armed groups. 75.     On 26 June 2006 the applicant requested the district prosecutor to inform her about the progress of the investigation. In her letter she stated that her son had been abducted by representatives of Russian power structures; that this had been confirmed by numerous pieces of evidence; and that she had requested the investigators to give their attention to this evidence. 76.     On the same date, 26 June 2006, the district prosecutor’s office replied to the applicant and stated that on 15 September 2005 they had suspended the investigation in the criminal case for failure to establish the identity of the perpetrators. 77.     On 27 September 2006 the district prosecutor’s office informed the applicant that the investigation in the criminal case had been resumed. 78.     On 5 October 2006 the investigators questioned Mr Z.T., who stated that he was a friend of Ibragim Uruskhanov. About a month prior to the abduction Ibragim had returned to Urus-Martan from his temporary residence in Ingushetia. Some time later the friends had met and the applicant’s son had told the witness that he had seen his own photograph on public display in Urus-Martan. According to the witness, Ibragim Uruskhanov had been planning to visit the military commander’s office to find out why they had put his photograph up on the display, as he had not been abducted nor was he wanted by the authorities. On 12 April 2002 the witness had learnt about Ibragim Uruskhanov’s abduction. 79.     On 6 October 2006 the investigators questioned the applicant’s distant relative, Mrs R.V., who stated that she had learnt from her relatives that on 12 April 2002 Ibragim Uruskhanov had been abducted by armed men in APCs. The Government did not submit a copy of her witness statement. 80.     Between 7 and 13 October 2006 the investigators questioned the following witnesses: Mr Ya.K., Mr Kh.A., Mr V.K., Mrs Kh.K., Mrs Z.K., Mrs L.G. and Mrs M.S., whose statements were similar to the one provided by Mrs R.V. The Government did not submit a copy of any of these witness statements. 81.     On 8 October 2006 the investigators questioned the applicant’s sister, Mrs S.M., who stated that on 12 April 2002 the applicant had informed her about Ibragim Uruskhanov’s abduction. According to the witness, on 24 April 2002 she had found out that human remains had been discovered on the outskirts of a nearby village. After she had arrived at the site, she saw fragments of human bodies and pieces of clothing scattered around. The witness had found black leather slippers that she had purchased for her nephew Ibragim Uruskhanov and dark blue trousers which, according to Ibragim Uruskhanov’s wife, had also belonged to him. At some point later the witness had found out that residents of Goyty had identified the remains and buried them. 82.     On 11 October 2006 the investigators collected from the applicant’s relative a number of Ibragim Uruskhanov’s medical documents for inclusion in the investigation file. 83.     On 12 October 2006 the investigators again questioned the applicant, who stated that her son had been abducted on the night of 12 April 2002 by a group of armed men in camouflage uniform. They had arrived in an APC and a military URAL vehicle, which they had parked in Obyezdnaya Street. The applicant stated that the abductors had taken her son to the vehicles on foot. She also provided a detailed description of the clothing Ibragim Uruskhanov had worn on the night of the abduction. 84.     On 17 October 2006 the Urus-Martan FSB informed the investigators that they did not have any incriminating information concerning Ibragim Uruskhanov. 85.     On 25 October 2006 the investigators questioned the applicant’s relative, Mrs M.M., who stated that in mid-April of 2002 she had been in Moscow when a relative of hers had informed her about Ibragim Uruskhanov’s abduction by armed masked men in camouflage uniform. 86.     On 26 October 2006 the investigators questioned the applicant’s daughter, Mrs Z.M. She stated that at the material time she had lived close to the applicant’s house in Urus-Martan. According to the witness, on the night of 12 April 2002 the applicant had arrived at her house at about 3 a.m. and told her Ibragim Uruskhanov had been abducted by armed masked men in camouflage uniforms. About a month later the witness had found out that human remains had been discovered in the countryside. Four days later the witness had gone to the site and found there fragments of clothing, black trousers, a black T-shirt and black leather slippers. The witness did not know whether those items had belonged to her abducted brother. 87.     On the same date the investigators questioned Mrs S.Z., who stated that on 17 April 2002 unidentified armed men had abducted her son Mr B.Z. and another resident of Urus-Martan, Mr Sh.D. On 24 April 2002 human remains had been discovered on the outskirts of Goyty village in Urus-Martan district. According to the witness, she had identified some of those remains by the clothing as those of her son Mr B.Z. The witness and her relatives had buried the remains in a local cemetery. 88.     On the same date the investigators questioned Mrs Z.G., who stated that her husband Mr B.Z. had been abducted in April 2002 and that later, on 24 April 2002, some remains had been identified as those of her husband. 89.     On 27 October 2006 the investigators questioned Mrs B.D., who stated that on 17 April 2002 unidentified armed men had abducted her son Mr Sh.D. On 24 April 2002 human remains had been discovered on the outskirts of Goyty village in Urus-Martan district. According to the witness, she had identified some of those remains by the clothing as those of her son Mr Sh.D. The witness and her relatives had buried the remains in a local cemetery. 90.     On the same date the investigators questioned Mr M.D. who stated that on 17 April 2002 unidentified armed men had abducted his son Mr   Sh.D. On 24 April 2002 human remains had been discovered on the outskirts of Goyty village in Urus-Martan district. According to the witness, he had identified some of these remains by the clothing as those of his son Mr Sh.D. The witness and his relatives had buried the remains in a local cemetery. 91.     On an unspecified date the investigators conducted identification procedures on the clothing found on the site of the discovery of the human remains in Goyty. The copy of this document, as submitted to the Court by the Government, is illegible. 92.     On 27 October 2006 the investigators informed the applicant that they had suspended the investigation in the criminal case. 93.     On 2 November 2006 the investigators informed the applicant that they had resumed the investigation in the criminal case. 94.     Between 3 and 29 November 2006 the investigators questioned the following witnesses: Mrs L.I., Mr A.K., Mr S.U., Mrs T.M., Mrs A.M., Mrs   L.N., Mr S.M., Mr R.S., Mr M.M., Mr Sh.Zh. and Mr M.N. According to the Government, their statements did not provide any significant information. The Government did not submit copies of any of these statements. 95.     On 6 November 2006 the Operational Group of the Ministry of the Interior informed the investigators that their operational search measures had failed to establish Ibragim Uruskhanov’s whereabouts. 96.     On 10 November 2006 the investigators collected from the applicant’s daughter a pair of black slippers and a piece of a black T-shirt for inclusion in the criminal case file. 97.     On 16 November 2006 the Operational Search Bureau of the Ministry of the Interior in Grozny informed the investigators that they were taking operational search measures aimed at the identification of Ibragim Uruskhanov’s abductors. 98.     On 20 November 2006 the Chechnya FSB informed the investigators that they had no information concerning the perpetrators of Ibragim Uruskhanov’s abduction. 99.     On 24 November 2006 the investigators questioned the applicant’s relative, Mr R.S., who stated that he had been in the Kalmyk Republic when he had been informed about Ibragim Uruskhanov’s abduction on 12 April 2002. Around 24 April 2002 human remains had been discovered on the outskirts of a nearby village. The relatives had informed the witness that they had found Ibragim Uruskhanov’s trousers and slippers on the site. 100.     On 3 December 2006 the investigators informed the applicant that they had suspended the investigation in the criminal case. 101.     On 12 February 2007 the applicant requested the district prosecutor’s office to provide her with access to the investigation file and allow her to make copies of its contents. 102.     On 11 February 2008 the investigators forwarded a number of information requests to various military and law enforcement bodies, including military unit no.   68797. The investigators requested to provide information as to which military units which had been stationed in Urus-Martan in the vicinity of the applicant’s house from 11 to 20 April 2002. The Government did not provide a copy of either any of these requests or responses to them. 103.     On the same date the investigators requested the VOVD to establish additional witnesses of the abduction, including those who could have seen the APCs. 104.     Between 13 and 19 February 2008 the investigators questioned the following witnesses: Mr Kh.A., Mr Kh.G. and Mr I.B. According to the Government, their statements did not provide any significant information. The Government did not submit a copy of any of these statements. 105.     On 14 February 2007 the investigators