CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 28 février 2012

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display:inline-block } .s299839C6 { width:212.77pt; display:inline-block } .s7602FED2 { width:18.21pt; display:inline-block } .sC1AC44A4 { width:228.11pt; display:inline-block }       FIRST SECTION             CASE OF KHAMZATOV AND OTHERS v. RUSSIA   (Application no. 31682/07)             JUDGMENT     STRASBOURG   28 February 2012   FINAL   24/09/2012     This judgment has become final under Article   44 §   2 (c) of the Convention. It may be subject to editorial revision. In the case of Khamzatov and Others v. Russia, The European Court of Human Rights (First Section), sitting as a Chamber composed of:   Nina Vajić, President,   Anatoly Kovler,   Peer Lorenzen,   Elisabeth Steiner,   Khanlar Hajiyev,   Linos-Alexandre Sicilianos,   Erik Møse, judges, and Søren Nielsen, Section Registrar, Having deliberated in private on 7 February 2012, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 31682/07) 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 six Russian nationals, listed in paragraph 7 below (“the applicants”), on 18 June 2007. 2.     The applicants were represented by Mr D. Itslayev, a lawyer practising in Grozny. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights. 3.     The applicants alleged that Mr Movsar Khamzatov had been killed by Russian servicemen, that the investigation into his killing had not been effective and that they had been deprived of effective remedies. 4.     On 20 May 2009 the President of the First Section decided to apply Rule 41 of the Rules of Court and to grant priority treatment to the application and to give notice of the application to the Government. Under the provisions of former Article 29 § 3 of the Convention he decided to examine the merits of the application at the same time as its admissibility. 5.     The President of the Chamber acceded to the Government’s request not to make publicly accessible the documents from the criminal investigation file deposited with the Registry in connection with the application (Rule 33 of the Rules of Court). 6.     The Government objected to the joint examination of the admissibility and merits of the application and to the application of Rule 41 of the Rules of Court. Having considered the Government’s objection, the Court dismissed it. THE FACTS 7.     The applicants are: 1) Mr Salman Khamzatov, born in 1935; 2) Mrs Ayna Khamzatova, born in 1948; 3) Mr Salamu Khamzatov, born in 1966; 4) Mr Saypudi Khamzatov, born in 1968; 5) Mrs Yakha Sadulayeva, born in 1982, and 6) Mr Abdul-Malik Khamzatov, born in 2002. 8.     The first and second applicants reside in the village of Starye Atagi, the Chechen Republic. The third to sixth applicants are residents of Grozny, the Chechen Republic. 9.     The first and second applicants are the parents of Mr   Movsar Khamzatov, born in 1972. The third and fourth applicants are Movsar Khamzatov’s brothers and the fifth and sixth applicants are his wife and son. A.     The events of 23 October 2001 1.     The applicants’ account 10.     The following account of events is based on the information contained in the application form; a written statement made by the first applicant on 22 November 2006; a written statement made by the third applicant on 20 November 2006 and a written statement made by the first applicant’s neighbour, Mr M.K., on 25 October 2007. (a)     The background information 11.     The first and second applicants reside in Starye Atagi in their own house, at no.   32   Shosseynaya Street. Shosseynaya Street lies parallel to the “Grozny-Shatoy” highway (hereafter “the highway”) and is separated from it by the Argunskiy canal. The distance between the first applicant’s house and the highway being about 50 metres, the residents of the house can see what is going on on the adjacent part of the highway. 12 .     According to the applicants, in October 2001 servicemen from an engineering unit of the federal forces were stationed on the grounds of a mill located on the northern outskirts of Starye Atagi. Throughout October 2001 they inspected the highway, on a daily basis, in order to locate and disarm landmines. The servicemen used three infantry battle vehicles (“IBVs”) with registration plates “NR 312”, “NR 351” and “NR 327” and a URAL truck with a white stripe on its body, equipped with an anti-aircraft gun. The first and second applicants and M.K. were able to memorise those details because every day in October 2001 the vehicles drove down the highway in the direction of the grounds of the 205th brigade of the federal troops stationed in the village of Malye Varandy, to the south-west of Starye Atagi. 13.     On 21 October 2001 Movsar Khamzatov, who otherwise resided in Ingushetiya as a refugee, came to Starye Atagi to visit his relatives. (b)     The events of 23 October 2001 14.     On 23 October 2001 the first, second and third applicants were at home. 15.     At about 7.30 p.m. on 23 October 2001 the first and second applicants were in the courtyard in front of the house. From there they saw two IBVs, an armoured personnel carrier (“APC”) and the Ural truck with the white stripe. Those vehicles were parked on the highway on the opposite side of the first applicant’s house. In the applicants’ submission, a number of servicemen were repairing the vehicles, using sledgehammers. The first applicant and M.K., who could also see that part of the highway from the window of his house at no. 41 Shosseynaya Street, recognised the vehicles by their number plates as those used by the engineering unit on previous days. 16.     At some point in the evening on 23 October 2001 the electricity in the entire village was cut off. Shortly thereafter the first and second applicants and M.K. saw a civilian vehicle moving from north to south on Shosseynaya Street with its headlights turned on. When the car passed by the house of M.K. and prepared to turn into Pochtovaya Street, the servicemen on the highway started firing at it with their submachine and anti-aircraft guns. According to the first and second applicants and M.K., the shooting at the vehicle had not been provoked by any act on the part of its passengers. 17.     Following the outbreak of the shooting, M.K. crossed his garden and ran to the crossing of Sheripova and Pochtovaya streets. At Pochtovaya Street, he saw a VAZ-2109 vehicle which had just driven past his house. The car headlights were turned on and the engine was running. According to M.K., the spot where he saw the car was clearly visible from the part of the highway where the servicemen were stationed. 18.     Having heard the shooting, the third applicant also went outside and ran to the intersection of Sheripova and Pochtovaya streets. There he noticed M.K. and also, at a distance of about 40-45 metres, the VAZ-2109 car with its headlights on and its engine running. The shooting continued for about five to ten minutes and then stopped. By that time the first and second applicants had seen an IBV arrive from the direction of Malye Varandy and join the group of servicemen on the highway. The IBV stopped and the servicemen started shouting at each other, using obscene language. One of them allegedly shouted to the others “What have you done?!” The servicemen then started their vehicles and swiftly left in the direction of Malye Varandy, towing one of the IBVs behind them. 19 .     Meanwhile, M.K. and the third applicant were joined by a local police officer whom the third applicant identified as “Ibragim”. Together they approached the vehicle and saw two persons inside, showing no signs of life. M.K. and the third applicant identified the passenger in the backseat as Movsar Khamzatov. He had numerous bullet wounds to his head and back. The driver of the car was dead. When the third applicant touched Movsar Khamzatov, he moved. The third applicant and the police officer immediately took Movsar Khamzatov to the police officer’s car and took him to the local hospital but he died on the way there. It appears that on the same day the third applicant brought the body of Movsar Khamzatov back to the village. 20.     According to the first applicant, on 25 October 2001 the engineering unit inspecting the highway replaced the IBV with plate number “NR 327” with an IBV numbered “NR 301”. On 26 October 2001 the Ural truck with the white stripe was allegedly also replaced with another vehicle. 21.     According to death certificate no. 954, issued by the civil registration office of the Groznenskiy District on 20 November 2001, Movsar Khamzatov’s death was caused by “a brain coma, a 4th degree shock and numerous bullet wounds to the head, chest and abdomen”. The date of death was recorded as 23 October 2001 and the place of death was noted as the village of Starye Atagi. 2.     Information submitted by the Government 22.     With reference to the findings of the domestic investigation, the Government submitted the following information concerning the events of 23 October 2001. 23.     On 23 October 2001 servicemen of one of the military bases of the United Group Alignment (“the UGA”), under the command of an officer, were repairing a defective armoured vehicle in Starye Atagi. At some point, during curfew hours when the circulation of civilian vehicles was prohibited, a VAZ-2109 car with registration plate “K 069 MC 99” started moving in the direction of the military convoy. After a while the vehicle left the main road, turned off its headlights and started moving in the opposite direction. Upon an order from the head of the military group to stop and inspect the vehicle, several servicemen followed the car on foot, signalling to the driver with their hands to stop, and then fired two warning shots in the air. In response, the passengers of the vehicle opened fire on the servicemen, wounding officer Z. In response to the armed resistance, the servicemen shot to kill, causing the death of Movsar Khamzatov and another person in the vehicle, whose identity had not been established. B.     The investigation into the death of Movsar Khamzatov 1.     The applicants’ account 24 .     On 24 October 2001 the first applicant contacted representatives of the local administration, who notified various law-enforcement officials about the events of 23 October 2001. 25 .     On 24 October 2001 a group of investigators arrived in Starye Atagi. They examined the body of Movsar Khamzatov and his personal belongings and noted the findings in their reports. They also questioned the first, second and third applicants, their neighbours and some other witnesses. Lastly, they inspected the crime scene and the VAZ car, in which they did not discover anything illegal. 26.     On 24 October 2001 the prosecutor’s office of the Groznenskiy District (“the district prosecutor’s office”) instituted a criminal investigation into the killing of Movsar Khamzatov under Article 105 § 2 of the Criminal Code (aggravated murder). The case file was assigned the number 19173. 27.     On 30 November 2001 the district prosecutor’s office transferred case no. 19173 to the military prosecutor’s office of military unit no.   20102 (“the military prosecutor’s office”) for investigation. The case file was assigned the number 14/33/787-01. 28 .     On 21 January 2002 the first applicant wrote to the military prosecutor’s office, enquiring about the progress of the investigation in case no.   19173 concerning the killing of his son, Movsar Khamzatov. 29 .     By a letter of 27 March 2002 the military prosecutor’s office replied to the first applicant that they had never received case file no. 19173. 30 .     On 14 March 2003 the deputy prosecutor of the prosecutor’s office of the Chechen Republic (“the republican prosecutor’s office”) forwarded the first applicant’s query about the investigation into the death of his son to the military prosecutor’s office and instructed the latter authority to provide the applicant with the relevant information. The letter stated that on 30   November 2001 criminal case no.   19173 “opened in connection with the shooting by the servicemen of Battalion Tactical Team 205 (“BTT-205”) of the Separate Motorised Rifle Brigade (SMRB) (hereinafter also “the 205th brigade”) at the VAZ-2109 vehicle in the village of Starye Atagi of the Groznenskiy District, causing the death of Khamzatov M.” had been transferred for investigation to the military prosecutor’s office and had been received by officer Zh. 31 .     On 25 March 2003 the first applicant wrote to the prosecutor of the Chechen Republic, enquiring about the progress of the investigation into the death of his son. 32.     On 27 March 2003 the prosecutor of the Chechen Republic forwarded the first applicant’s query about the progress of the investigation to the military prosecutor’s office and instructed the latter authority to inform him of any developments. 33 .     On 29 May 2003 the republican prosecutor’s office transmitted the first applicant’s complaint about a lack of information about the investigation into the killing of Movsar Khamzatov to the military prosecutor’s office. On 17 July 2003 the South Federal Circuit Department of the Prosecutor General’s Office forwarded a further query by the first applicant about the investigation to the republican prosecutor’s office. 34.     In a letter of 6 August 2003, in reply to another identical query by the first applicant, the republican prosecutor’s office reiterated the information concerning the transfer of case file no. 19173 to the military prosecutor’s office and advised the first applicant to address his queries to that authority. 35 .     On 6 September 2003 the first applicant wrote to the military prosecutor’s office, requesting to be provided with information concerning the investigation of the death of his son. On 17   September 2003 the first applicant filed another complaint with the military prosecutor’s office along the same lines. 36 .     On 30 October 2003 the military prosecutor’s office replied to the first applicant that the investigation in case no. 14/33/0787-01 had been discontinued on 21 December 2001 for lack of corpus delicti . There is no   indication that the letter contained any enclosures, such as a copy of the decision of 21 December 2001, and it is unclear when the first applicant received the letter. 37.     By a letter dated 10 December 2003 the deputy prosecutor of the Groznenskiy District notified the Ombudsman of the Chechen Republic (“the Ombudsman”) that on 24 October 2001 the district prosecutor’s office had opened criminal case no. 19173 into “the shooting by servicemen, who had driven APC-205 of the SMRB, at a VAZ-2109 car with registration number “K 069 MS 99”. As a result of the shooting, two people, including Movsar Khamzatov, had been killed and one person had been wounded. On 30 November 2001 the district prosecutor’s office had forwarded case file no. 19173 to the military prosecutor’s office, which was competent to pursue the investigation. A copy of the letter was sent to the first applicant. 38 .     On 19 February and 7 May 2004 the first applicant complained to the military prosecutor’s office and the Prosecutor General of the Russian Federation about the lack of progress in the investigation into the killing of Movsar Khamzatov. It appears that the Prosecutor General’s Office forwarded the first applicant’s complaints to the Military Prosecutor’s Office of the United Group Alignment (“the UGA prosecutor’s office”). 39 .     By a letter dated 12 August 2004 the UGA prosecutor’s office informed the first applicant that it had examined his complaint of 7 May 2004 and had set aside the decision of 21 December 2001 discontinuing the investigation in case no 14/33/0787-01. The case file had been forwarded to the military prosecutor’s office for an additional inquiry and the latter authority had been instructed to inform the first applicant about the progress of the investigation and any decisions taken. 40.     On 13 September 2004 the first applicant complained to the Chief Military Prosecutor’s Office that the military prosecutor’s office had failed to inform him about any developments in the investigation into the killing of Movsar Khamzatov despite the instructions of the UGA prosecutor’s office. His complaint was forwarded to the UGA prosecutor’s office on 4   October 2004. 41 .     By a letter dated 30 November 2004 the UGA prosecutor’s office informed the first applicant that, following its examination of case no   14/33/787-01, it had quashed a decision to terminate the proceedings for lack of corpus delicti issued by the military prosecutor’s office on 1   October 2004, and had remitted the case file back to it for an additional investigation. The letter stated that the first applicant would be informed of any developments. 42 .     On 11 April 2005, in reply to a query by the first applicant, the UGA prosecutor’s office notified him that it had set aside a decision to discontinue the proceedings in case no. 14/33/0787-01 issued by the military prosecutor’s office on 30 March 2005 and that the investigation had been resumed. The letter stated that the applicant would be apprised in due time of the progress of the investigation and any decisions taken. 43 .     On 22 August 2005 the UGA prosecutor’s office replied to another query by the first applicant that, following his complaint, on an unspecified date it had reversed a decision to close the investigation into the killing of Movsar Khamzatov, issued by the military prosecutor’s office on 30 April 2005, and had instructed that body to conduct an additional investigation. The military prosecutor’s office was instructed to notify the first applicant about the progress of the investigation and any decisions taken. 44.     On 20 November 2006 the first applicant complained to the Prosecutor General and the Chief Military Prosecutor that after the referral of the investigation to the military prosecutor’s office he had been literally “cut off” from information on the progress and the results of the investigation into the killing of Movsar Khamzatov. He also submitted that, several years after the initiation of the investigation, and notwithstanding his repeated requests and the pecuniary and non-pecuniary damage caused to him by the murder of his son, he had not been granted victim status. On 19   December 2006 the Chief Military Prosecutor’s Office forwarded the first applicant’s complaint to the UGA prosecutor’s office. 45 .     By a letter of 30 January 2007 the UGA prosecutor’s office informed the first applicant that on 24 January 2007 it had set aside a decision by the military prosecutor’s office of 30 December 2005 to close the investigation in case no. 34/33/0787-01 and had ordered the latter authority to have the proceedings resumed. 46.     On 19 February 2007 the Chief Military Prosecutor’s Office informed the first applicant that it had received his complaint about the inaction of the investigating authorities forwarded to it by the Ombudsman and that it had forwarded it to the UGA prosecutor’s office. 47 .     By a letter of 24 March 2007 the UGA prosecutor’s office notified the Ombudsman of the resumption on 24 January 2007 of the investigation into the killing of the first applicant’s son. The letter further stated that the investigation had been activated and that, following an internal inquiry, it had been recommended that an official of the military prosecutor’s office be reprimanded for taking an unfounded decision to discontinue the investigation in case no. 34/33/0787-01. Lastly, it was stated that the military prosecutor’s office would apprise the first and third applicants, who had meanwhile been granted victim status in those proceedings, of any developments in the investigation. A copy of the letter was sent to the first applicant. 2.     Information submitted by the Government 48 .     The Government stated that they had forwarded to the Court a copy of the entire file in criminal case no.   34/33/0787-01. The Court notes that the documents furnished by the Government were partly illegible; the majority of the documents supplied had double numbering. Some of the documents were submitted only in part. In so far as the documents provided by the Government are legible, the information contained in them may be summarised as follows. (a)     Opening of the investigation by the district prosecutor’s office and the initial investigative steps 49 .     On 24 October 2001 the district prosecutor’s office opened a criminal investigation into the killing of Movsar Khamzatov under Article   105 § 2 of the Criminal Code (aggravated murder). The decision stated that at about 8.40 p.m. on 23 October 2001 servicemen of the 205th brigade had fired with their automatic weapons at a VAZ-2109 vehicle, licence plate “K069MC99”. As a result of the skirmish, two people had been killed and one person had been wounded. The case file was given the number 19173. (i)     Interviewing of civilian witnesses 50 .     On 24 October 2001 the investigators granted the third applicant victim status in the proceedings in case no.   19173 and interviewed him. According to a partial copy of his interview record, the third applicant stated that at about 7.30 p.m. on 23   October 2001 he had seen a convoy of armoured military vehicles stop at about 100 metres’ distance from his parents’ house. After a while he had heard the sounds of shooting coming from the direction where the servicemen had been stationed and had run in that direction. At the crossing of the streets he had met a local police officer, “Ibragim”, and together they had noticed a civilian vehicle nearby. There were two dead people inside the vehicle. The third applicant identified one of them as his brother, Movsar Khamzatov. By that time the convoy of armoured vehicles had already left. 51 .     The second applicant, interviewed on the same date, submitted that in October 2001 Movsar Khamzatov had come to Starye Atagi to visit his parents. At about 7 p.m. on 23 October 2001 a group of servicemen driving in a convoy of armoured military vehicles had stopped in the vicinity of her house to repair one of their vehicles. After a while they had been joined by another armoured vehicle and shortly thereafter she had seen a civilian vehicle moving in the direction of the locks in the nearby canal. Suddenly, servicemen had started shooting at the vehicle and shortly thereafter they had left, towing one of the defective vehicles with them. The applicant’s relatives went to the scene of the incident and found Movsar Khamzatov there, wounded to his head and back. The second applicant stressed that she had not heard any shots coming from the civilian vehicle in which her son had been found. She also submitted that the military vehicles belonged to the 205th rifle brigade, stationed in the vicinity of Starye Atagi. 52 .     A.I. and A.M., residents of Starye Atagi, interviewed on 24 October 2001 as witnesses, stated that at about 7 p.m. on 23 October 2001 they had heard a convoy of armoured vehicles move in the vicinity of their houses and stop near Pochtovaya Street. Some time later, at about 8 p.m. they had heard shooting, which lasted for about five to seven minutes. A.M. also stated that he had gone out into Pochtovaya Street and had seen a VAZ ‑ 2109 vehicle surrounded by four to five armed individuals in military uniforms. They had stayed near the VAZ car for about five to ten minutes and had then run in the direction of the Ural truck and the two multipurpose armoured traction engines (“MATEs”) parked nearby. The convoy of military vehicles had then swiftly taken off in the direction of the village of Malye Varandy. 53 .     On 24 October 2001 the investigators interviewed M.K. as a witness. He submitted that on the evening of 23 October 2001 he had seen a convoy of military vehicles, including a Ural truck with a white stripe and the words “mine clearing” on its body and two MATEs, parked in the vicinity of his house. The convoy had belonged to the 205th brigade. The servicemen had been repairing one of the MATEs. Some time later M.K. had heard the sound of submachine gun shooting, which continued for about five to ten minutes. Shortly thereafter the convoy had swiftly left in the direction of the village of Malye Varandy. When M.K. had gone outside to the scene of the incident he had learnt that Movsar Khamzatov had been killed in a VAZ ‑ 2109 vehicle. (ii)     Statements by servicemen A.K. and O.S. 54 .     On 30 October 2001 the investigators interviewed serviceman A.K. as a witness. According to a partly illegible fragment of a copy of his interview record, A.K. stated that he was serving as an intelligence officer in military unit no.   74930, stationed in the vicinity of the village of Starye Atagi. At about 7.30   p.m. on 23 October 2001 officer Z., head of A.K.’s platoon, had received an order to evacuate a defective MATE from Starye Atagi. At about 8.05 p.m. a group of servicemen including officer Z., staff sergeant S., sergeants K. and Kh., private T. and firing pointer Ya., had left for the village in an IBV. Upon their arrival, A.K.’s group had found the broken MATE parked on the highway close to a bus stop where there was another group of servicemen from the SMRB, whom A.K. did not know. A Ural truck with an anti-aircraft weapon had also been parked there, with a further group of servicemen responsible for that vehicle. At a certain point the electricity in the entire village had been cut off and at the same time A.K. had noticed a civilian vehicle with its headlights on moving on the highway in the direction of their group. At a distance of about one hundred to two hundred metres, the vehicle had turned onto the unpaved road. With a view to stopping and inspecting the vehicle, the servicemen and A.K. had run towards it, but had been unable to approach it because of the canal between the highway and the road. At ten to fifteen metres’ distance from the car, A.K. had fired two warning shots. After the shots had been fired, the car had accelerated and shots had been fired from its side. A.K. had decided to shoot to kill in the direction of the car. He had been equipped with a AK ‑ 74 submachine gun, using 5.45 mm calibre bullets. 55 .     On 30 October 2001 investigators interviewed serviceman O.S. as a witness. According to a partly illegible fragment of a copy of his interview record, O.S. submitted that on 23 October 2001 his unit had been ordered to evacuate a defective vehicle from the village of Starye Atagi. At about 8   p.m. his group, consisting of seven servicemen, arrived in the village. Some fifteen to twenty minutes after their arrival the electricity had been cut off in the entire village. O.S. had informed his commander Z. of that fact. At that moment, O.S. had noticed a vehicle with its headlights turned on moving from the northern part of the village, of which fact he had also informed Z. The latter had ordered him to stop and inspect the vehicle. O.S. had transmitted the order to K., Kh. and A.K. and they had moved in the direction of the vehicle. O.S. had run to the car and tried to stop it by waving his hand. However, the vehicle had accelerated its pace. A.K. had then fired two shots in the air with his submachine gun but the car had accelerated again. At that time O.S. had seen two flashes coming from the backseat of the car, after which the servicemen had shot to kill. The vehicle continued moving and another group of servicemen from the infantry had run closer and started firing at the vehicle. O.S. did not remember who exactly had fired and what arms they had used. Subsequently, the vehicle turned into another street, continued to move, and the servicemen stopped firing at it. Without approaching the vehicle, the servicemen had swiftly returned to their military vehicles and left. (iii)     Further investigative steps 56 .     At 12.40 p.m. on 24 October 2001 investigator D. of the district prosecutor’s office inspected the crime scene in the presence of two attesting witnesses. According to the partly illegible copy of the crime scene inspection report, a VAZ-2109 vehicle was found on the southern outskirts of the village of Starye Atagi. The vehicle had numerous oval holes ranging from 8   mm to 2 × 3 cm on the rear left wing; a missing window in the rear left door; four oval holes and a missing window on the front left door; holes in the front left wheel measuring between 3 and 15 cm; one oval hole in the left front wing; broken left headlight; five holes in the right front door; a missing window of the right front door; three “perforation holes” and numerous cracks on the windscreen; perforation holes in the trunk, the front and back seats, the front desk and the backdoor, and a perforation hole in the roof. At fifty metres to the west of the vehicle the investigators found “numerous” cartridges from automatic weapons of 5.45 calibre bullets; at thirty metres to the north-west of the vehicle “further cartridges” were discovered. In total, sixty-six cartridges of 5.45 calibre bullets were seized from the crime scene. 57.     On 24 October 2001 investigator D. examined Movsar Khamzatov’s body. According to the corpse examination report (“ протокол осмотра трупа ”) of 24 October 2001, Movsar Khamzatov had a roundish 8   mm hole in the cervical region of the head; a 20×20 mm hole in the parietal region of the head; a roundish 8 mm hole in the left subcostal region; and a penetrating 8   mm roundish wound in the left axillary crease. According to the report, all the injuries were presumably gunshot wounds. 58.     On 24 October 2001 the first applicant asked the investigators not to carry out a post mortem examination of his son, owing to the need to bury him without delay in accordance with his religious beliefs. 59.     On 28 October 2001 investigator D. ordered a ballistic examination of the bullets seized from the crime scene. 60.     According to the ballistic report of 28 November 2001, the cartridges seized from the crime scene were of 5.45 mm calibre and could have been shot from automatic submachine guns AK-74 and RPK-74. (b)     Investigation by the military prosecutor’s office (i)     Transfer of the case to the military prosecutor’s office 61.     By a decision of 30 November 2001 the district prosecutor’s office transferred criminal case no.   19173 to the military prosecutor’s office, finding that the latter authority was competent to pursue the investigation. The decision stated, among other things, that, after having examined the criminal case-file materials, the district prosecutor’s office had established that at about 8.40 p.m. on 23 October 2001 servicemen of the BTT-205 of the SMRB had fired at the VAZ-2109 vehicle with licence plate number “K069MC”. As a result, two people, including Movsar Khamzatov, had been killed and one person had been wounded. 62.     It transpires that after the transfer to the military prosecutor’s office the case file was given the number 14/33/0787-01. (ii)     Information concerning the decisions to close and reopen the investigation 63 .     On 21 December 2001 the military prosecutor’s office discontinued the criminal investigation in case no.   14/33/0787-01. The decision, in so far as relevant, reads: “At about 8 p.m. on 23 October 2001 servicemen of military unit no.   74930 under the command of senior lieutenant Z. were evacuating a defective MATE vehicle from Starye Atagi. At that moment a VAZ-2109 vehicle came towards the servicemen from the direction of the outskirts of the village. At about one hundred to two hundred metres distance from the military convoy the car turned off the highway onto the unpaved road and continued moving along the edge of the village. Following the order to stop and inspect the vehicle, junior sergeant A.K. ran up to it, waving to the driver, requesting him to stop and firing two warning shots in the air. However, the car accelerated and one shot was fired in the direction of the servicemen, wounding Z. With a view to stopping the car and suppressing its passengers’ unlawful acts, A.K. shot to kill and several seconds later the vehicle stopped. As a result of the firing at the car, two people died, one of whom was Khamzatov M.S., born in 1972. According to a witness statement by A.K., at about 8 p.m. on 23 October 2001 he arrived in Novye Atagi with a group of servicemen under the command of Z. with a view to evacuating a defective MATE. At that moment the electricity was cut off in the village and a civilian vehicle with its headlights off approached the servicemen from the direction of the outskirts of the village. At a hundred to two hundred metres distance from the military convoy the VAZ-2109 vehicle turned off the highway onto the unpaved road. With a view to stopping the suspicious vehicle, A.K. ran up to it, waving to it to stop, and fired two warning shots in the air. However, the car accelerated and a shot was fired from it in the direction of the servicemen, wounding Z. In order to stop the vehicle and to suppress the unlawful acts of its passengers, A.K. shot to kill with his AK-74 submachine gun and the car stopped several seconds later. On the following day A.K. learnt that the bodies of two civilians had been found in the car at which he had fired on the previous day. Witness O.S., deputy commander of the unit, gave a similar account of the events. According to a record from the battle operations log book of the BTT of military unit 74930, made on 24 October 2001, on 23 October 2001 the repair unit evacuated a defective vehicle from Starye Atagi ... At 8.30 p.m. the electricity was cut off in the village, and some five minutes later a civilian vehicle arrived. The driver failed to react to the orders to stop. One warning shot was fired in the air. Fire was opened on the car. The car turned in the direction of the village. As a result of the exchange of fire, platoon commander Z. sustained a penetrating injury to the right forearm. The use of arms by the indicated serviceman [A.K., as it was in the context of] an arrest of persons having committed a crime, is recognised as lawful. Accordingly, junior sergeant A.K. lawfully used arms with a view to suppressing the unlawful acts of unidentified civilians, who had wounded Z. to his arm. Hence, the case should be closed for lack of corpus delicti in the acts of A.K. ...” 64.     On 12 August 2004 the UGA prosecutor’s office set aside the decision of 21 December 2001 as premature and unfounded. The UGA prosecutor’s office’s decision stated, among other things, that there were numerous contradictions in the statements of the servicemen which remained unexplained. The investigation had failed to establish which of the servicemen had caused Movsar Khamzatov’s death and had also failed to conduct a forensic medical examination of Z., in the absence of which the allegation that the passengers of the VAZ-2109 vehicle had fired at the servicemen could not be considered to have been ascertained. The military prosecutor’s office was instructed to have the investigation resumed and to conduct an additional inquiry. 65.     By a letter of 5 September 2004 the military prosecutor’s office informed the district prosecutor’s office that when they received case file no   19173 from the latter authority, it had lacked the exhibits and, in particular, the spent cartridges seized from the crime scene. The district prosecutor’s office was asked to notify their counterpart of the whereabouts of those pieces of evidence and also to identify and interview the officials who had carried out the initial investigative steps and had, in particular, examined the crime scene. There is no indication that that request was complied with. 66 .     On 1 October 2004 the military prosecutor’s office discontinued the investigation in case no.   34/33/0787-01, reproducing verbatim the text of the decision of 21 December 2001. In addition, the decision stated that, in accordance with the “order of the conduct of the civilian population in the area of the counterterrorist operation, existing at the material time”, the population had been repeatedly informed that, if they approached military vehicles or federal troops, they were required to demonstrate that they were civilians and await the arrival of the servicemen, so that the latter could check their identities. 67.     On 30 November 2004 the UGA prosecutor’s office set aside the decision of 1 October 2004 as unfounded and premature, noting that the military prosecutors had failed to rectify the shortcomings indicated in the decision of 12 August 2004, and ordered that the investigation be resumed. 68 .     Subsequently, the military prosecutor’s office decided to close the investigation in case no.   34/33/0787-01 on 10 February 2005, 30 April 2005, 27 October 2005, 30 December 2005, 24 February 2007, 24 March 2007, 29 April 2007, and 15 July 2007. The decisions to close the investigation reproduced verbatim the text of the decision of 1 October 2004. 69.     From the documents submitted by the Government it follows that higher-ranking military prosecutors set aside the decisions to close the investigation in case no.   34/33/0787-01 on the following dates: 24 March 2005, 31 August 2005, 15 November 2005, 24 January 2007, 25 February 2007, 29 March 2007, 15 June 2007 and 11 August 2007. 70 .     In quashing the impugned decisions the higher-ranking prosecutors stressed that the military prosecutor’s office had repeatedly failed to rectify the shortcomings in the investigation which the former authorities had identified. In particular, the military investigators failed to establish whether any arms had been found in the VAZ-2109 vehicle in order to verify the allegation that the vehicle passengers had fired at the servicemen; no evidence was obtained to confirm the fact of officer Z.’s wounding; Z. himself was not interviewed; only two of the servicemen who had been present at the crime scene were interviewed and there were numerous contradictions in their statements as to which of them had stopped the VAZ ‑ 2109 vehicle, who had fired at it and what had happened to the vehicle after the skirmish. Moreover, there were numerous contradictions between the statements of the serviceman and the civilians who had witnessed the events of 23 October 2001. The military investigators failed to verify whether senior lieutenant Z. had acted in excess of his authority because his specific task on 23 October 2001 had consisted of evacuating the defective MATE vehicle and not inspecting civilian vehicles. The investigators did not establish who had discovered the bodies in the VAZ-2109 vehicle, whether the vehicle passengers had had arms and if so, what had become of them after their eventual seizure. (iii)     Investigative steps taken by the military prosecutor’s office 71.     On 17 January 2005 the military prosecutor’s office instructed the commanders of military units nos.   74930 and 64646 to identify the servicemen who had been under the command of Z. on 23 October 2001 and to provide it with their contact details with a view to their eventual interviewing; to interview officer Z. about the circumstances of his wounding during the incident and to provide all attesting medical documents. By a letter of the same date the military prosecutor’s office reiterated its request to the district prosecutor’s office concerning the whereabouts of the exhibits and the interviewing of the investigators who had taken the initial investigative steps. There is no indication that those requests were replied to. 72.     On 4 April and 14 December 2005, 26 January and 22 and 29 March 2007 the military prosecutor’s office reiterated its requests made on 17   January 2005. By their letter of 29 March 2007 the military prosecutor’s office also instructed the district prosecutor’s office to conduct an additional interview of the third applicant about the events of 23 October 2001. It appears from the documents submitted by the Government that the majority of the instructions given in those letters were not complied with. 73 .     On 27 March 2007 the investigators interviewed officer Z. as a witness. According to a copy of his interview record, he stated that in the evening of 23 October 2001 he had been in command of a group of six servicemen, who had been ordered to evacuate a defective MATE vehicle from Starye Atagi. At about 9 p.m. Z. had noticed a VAZ-2109 vehicle driving from the direction of Grozny. Upon noticing the military convoy, the vehicle had turned off its headlights and had turned from the highway onto the unpaved road leading to Starye Atagi, following which Z. had sent four servicemen, whose names he did not remember, to stop and inspect the vehicle and its passengers. When the driver had noticed the servicemen, he had accelerated and at that moment Z. had heard single shots. He had not seen who had fired them but had considered that they had been warning shots fired in the air. The servicemen whom Z. had sent to inspect the car had been the first to fire. After that Z. had run towards the vehicle and had seen a number of shots coming from it, one of the bullets wounding him in the right shoulder. Z. had fallen to the ground and had seen the car drive off in the direction of Starye Atagi and the servicemen fire at it. None of the servicemen except Z. had been wounded in the skirmish. Z stated that the skirmish had been provoked by the people inside the vehicle because they had been moving around during curfew hours, had not complied with the order to stop and had offered armed resistance. 74 .     In a letter of 29 March 2007, addressed to the military prosecutor of the Budennovskiy Garrison and the head of military unit no.   74930, the military prosecutors stated that the preliminary investigation in case no.   34/33/0787-01 had established that thirty-two servicemen of unit no.   74390 had been present at the crime scene during the shooting on 23   October 2001. Giving the names and ranks of the servicemen, the military prosecutors instructed their counterparts to establish the current whereabouts of the servicemen and to obtain the following information from them: -     &#xa0