Постановление Европейского суда по правам человека от 17.06.2010 «Дело Товсултанова (Tovsultanova) против России» [англ.]

Roshni-Chu in Chechnya, stopped by. She told the women that on 14 June 2004 she had been in the forced migrants' tent camp when one of her female acquaintances had told her that at about 1 p.m. on the same day a group of armed masked men in camouflage uniforms in five VAZ and UAZ cars had apprehended a young Chechen man in a white VAZ-2107 car with registration number C897 ME. The incident had taken place in the centre of Sleptsovskaya, on the corner of Pobeda and Rabochaya Streets. During the apprehension, right before he had been put in one of the cars, the man, who had been dressed in a white shirt, had managed to shout out to the bystanders that his name was Said-Magamed Tovsultanov and that he was from Katar-Yurt. After that the group of armed men had driven away with him and his car.
9. The applicant immediately went to the centre of Sleptsovskaya to obtain information about her son, but to no avail. On the following day she left for Katar-Yurt. A day later she went to Sleptsovskaya again. On the way there she got out of the vehicle at the crossroads in the vicinity of the village of Assinovskaya in Chechnya, next to the "Kavkaz" motorway. The applicant was standing there when she saw a convoy of five VAZ cars of different colours driving quickly on the motorway from the direction of the "Kavkaz" checkpoint located on the border of Chechnya and Ingushetia. A white VAZ-2107 car without a registration number was in the middle of it.
10. When the convoy was passing by the applicant, she saw that in one of the cars a man in white shirt moved towards the car window. The applicant recognised the man as her son Said-Magamed Tovsultanov.
11. Immediately after that the applicant boarded a bus and went to Sleptsovskaya through the "Kavkaz" checkpoint. On her way there, before the checkpoint, she saw a black velvet pillow on the ground. The applicant recognised it at once as the pillow that had belonged to her son Said-Magamed Tovsultanov, who had used it as a seat cushion in his car. The applicant thought that the men who had driven by her in the convoy must have thrown the cushion out of her son's car.

2. Information submitted by the Government

12. The Government did not challenge the facts as presented by the applicant. At the same time they submitted that she had not witnessed the events and had obtained the information from third persons, that the body of Said-Magamed Tovsultanov had not been found and that the involvement of State representatives in his abduction and death had not been established.

B. The search for Said-Magamed Tovsultanov
and the investigation

1. The applicant's account

13. With the help of her relatives, the applicant contacted, both in person and in writing, various official bodies, such as the Russian President, the Chechen administration, departments of the interior and prosecutors' offices at different levels, asking for help in establishing the whereabouts of Said-Magamed Tovsultanov. She retained copies of a number of those complaints and submitted them to the Court. An official investigation was opened by the local prosecutor's office. The relevant information is summarised below.
14. The applicant did not retain copies of her written complaints lodged with various State authorities from the middle of June 2004 to the beginning of April 2005.
15. On 22, 25 April 2005 and 27 January 2007 the Chechnya prosecutor's office forwarded the applicant's complaints about her son's abduction to the Ingushetia prosecutor's office for examination.
16. On 2 June 2005 the Sunzhenskiy district prosecutor's office (the district prosecutor's office) instituted an investigation into the disappearance of Said-Magamed Tovsultanov under Article 126 § 1 of the Criminal Code (kidnapping). The cas

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