Постановление Европейского суда по правам человека от 22.07.2010 <Дело Бенуева и другие (Benuyeva and others) против России» [англ.]

thirteenth, fourteenth and fifteenth applicants, and of Mr Abu Zhanalayev, born in 1973.

A. Abduction of the applicants' relatives

1. The applicants' account

(a) Abduction of Abu Zhanalayev
10. Abu Zhanalayev and his parents lived at 31 Pervomayskaya Street, in the village of Martan-Chu. Their house shared a courtyard with three other houses belonging to their relatives, including that of Mr Khasmagomed Dzhanalayev, Abu Zhanalayev's uncle.
11. In the evening of 24 November 2002 around twelve armed men wearing masks entered Khasmagomed Dzhanalayev's house without identifying themselves and started searching it. They asked if someone named Ayup lived there; Khasmagomed Dzhanalayev replied in the negative.
12. In the meantime, other armed men searched the houses of two other relatives of the Zhanalayevs. Abu Zhanalayev's house was not searched.
13. At some point the armed men decided to leave Khasmagomed Dzhanalayev's house. In the courtyard they met Abu Zhanalayev and ordered him to produce his identity papers. Abu Zhanalayev asked his uncle to bring the papers. Khasmagomed Dzhanalayev went to the Zhanalayevs' house and told the tenth applicant about the armed men; then they took Abu's identity papers and rushed to the courtyard. They saw no trace of Abu Zhanalayev or the armed men and noticed a UAZ vehicle driving away from their courtyard.
(b) Abduction of Sayd-Selim Benuyev
14. In the evening of 24 November 2002 Sayd-Selim Benuyev, his parents, siblings and other relatives were at their family home at 24 Pervomayskaya Street, in Martan-Chu. It appears that on that night there was a blackout in the village as the electricity had been cut off.
15. At about 9 p.m. around twelve armed men wearing camouflage uniforms and armed with machine guns burst into the Benuyevs' house. All but four of them wore masks; those that were unmasked had Slavic features. The armed men spoke unaccented Russian. The Benuyev family inferred that the armed men belonged to the Russian military.
16. The servicemen locked the first applicant in one of the rooms. Then they forced Mumad Benuyev to the floor and asked him where his sons were. Then they asked for Sayd-Selim Benuyev. When Sayd-Selim identified himself, the servicemen kicked and beat him and his father with machine gun butts until the two Benuyev men started to bleed. The servicemen also beat the second applicant.
17. At some point the servicemen put a sack on Sayd-Selim Benuyev's head and took him barefoot into the street. The first applicant saw two UAZ vehicles parked near her house. The seventh applicant pointed at one of the UAZ vehicles with a flashlight and the first applicant noticed scratches on its right side; the vehicle had an aerial on its roof. The servicemen put Sayd-Selim Benuyev into the UAZ with the aerial and drove off.
(c) Subsequent events
18. Immediately after Abu Zhanalayev's abduction the tenth applicant and Khasmagomed Dzhanalayev followed the UAZ vehicles. A few minutes later they met the first applicant and her brother-in-law.
19. The relatives of the two abducted men chased the UAZ vehicles in a car. At some point Mr S., a serviceman of the military commander's office, managed to stop their car and told them not to follow the vehicles because they might be shot. Mr S. added that the UAZ vehicles belonged to the department of the interior of the Urus-Martan District ("the ROVD").
20. Later, villagers of Martan-Chu saw red and a green flares in the sky. At about 10 p.m. some of them noticed two UAZ vehicles parked next to the military commander's office of Martan-Chu. Five or ten minutes later three military servicemen got out of the vehicles and entered the military commander's office, while a few men walked o

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