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





ut of it and got into them. The two vehicles then drove away in the direction of Urus-Martan.
21. At about 11 p.m. two servicemen, acquaintances of the applicants, saw two UAZ vehicles driving in the direction of Urus-Martan. At some point they contacted other servicemen on duty at several checkpoints via portable radio and found out that the two vehicles had arrived at the ROVD.

2. The Government's account

22. On 24 November 2002 Abu Zhanalayev and Sayd-Selim Benuyev were kidnapped from the village of Martan-Chu.

B. Official investigation into the disappearance
of Abu Zhanalayev and Sayd-Selim Benuyev

1. The applicants' account

23. At about 11 p.m. on 24 November 2002 the first and tenth applicants went to the house of Mr M., the head of the ROVD. Mr M.'s bodyguards fired at the two women. They shouted and the firing ceased. Then the first and tenth applicants talked to Mr M. who told them not to worry and to go home.
24. On 25 November 2002 the first and tenth applicants lodged written complaints about their relatives' abduction with the ROVD, the military commander's office of Urus-Martan, the prosecutor's office of the Urus-Martan District ("the district prosecutor's office") and the local administration.
25. At about 11 a.m. on 26 November 2002 the first and tenth applicants saw two UAZ vehicles without registration numbers leaving the courtyard of the ROVD. They recognised the vehicles by their distinctive marks because one of them had a thick scratch and an aerial and the other one had white oil-cloth replacing broken windows.
26. On 25 November 2002 the head of the ROVD told the applicants that he had contacted those who had abducted Abu Zhanalayev and Sayd-Selim Benuyev and had asked them not to use force against the two men.
27. Trying to establish the fate and whereabouts of their missing sons, the first and tenth applicants repeatedly contacted, in person and in writing, various State agencies and officials requesting assistance in the search for Abu Zhanalayev and Sayd-Selim Benuyev. In particular, they applied to the Russian State Duma, the President of the Chechen Republic, the Administration of the Chechen Republic and the local administration. Most of those complaints were forwarded to prosecutors' offices at different levels.
28. On 25 November 2002 the tenth applicant complained to the district prosecutor's office about her son's abduction. She mentioned the searches of her relatives' homes. On the same date the first applicant asked the district prosecutor's office to establish her son's whereabouts; she noted that her husband and daughter had been beaten.
29. On 27 November 2002 the district prosecutor's office instituted an investigation into the disappearance of Abu Zhanalayev and Sayd-Selim Benuyev under Article 126 § 2 of the Russian Criminal Code (aggravated kidnapping). The case was assigned the number 61161.
30. On 29 November 2002 the local administration of the Urus-Martan District informed the first applicant that her complaint about the beating of Mumad Benuyev and the second applicant, as well as about the arrest of Sayd-Selim Benuyev had been forwarded to the military commander's office.
31. On 20 December 2002 the prosecutor's office of the Chechen Republic forwarded the tenth applicant's complaint about her son's abduction by State agents to the district prosecutor's office.
32. On 25 January 2003 the district prosecutor's office granted victim status in case No. 61161 to Mumad Benuyev and Khasmagomed Dzhanalayev.
33. On 27 January 2003 the district prosecutor's office informed Mumad Benuyev and Khasmagomed Dzhanalayev that the investigation in case No. 61161 had been



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