Постановление Европейского суда по правам человека от 17.06.2010 «Дело Батаев и другие (Batayev and others) против России» [англ.]

nine applicants have been conducting the search for their relatives together.

1. Apprehension of Khasan Batayev, Zaur Ibragimov,
Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev
and Kharon Musayev

9. The second and third applicants are the parents of the first applicant and of Khasan Batayev, who was born in 1979. The fourth applicant is the mother of Zaur Ibragimov, who was born in 1975. The fifth applicant is his wife. The sixth applicant is the mother of Magomed Temurkayev, who was born in 1974 and is married to the seventh applicant. The eighth applicant is the mother of Rizvan Ismailov, who was born in 1974. The ninth applicant is the mother of Sayd-Ali Musayev, born in 1973, and Kharon Musayev, born in 1976.
10. On 18 September 2000 Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev, Kharon Musayev and Khasan Batayev were at Khasan Batayev's home at 44 Vostochnaya Street, Grozny. Two cars, a VAZ-21099 used by Magomed Temurkayev and a VAZ-2106 driven by Zaur Ibragimov, were parked in the courtyard.
11. At about 4 p.m. two armoured personnel carriers ("APCs") and a UAZ vehicle with the registration number 480-20-RUS arrived at 44 Vostochnaya Street. A group of men wearing camouflage uniforms and armed with machine guns got out of the vehicles and burst inside. They seized Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev and Kharon Musayev and took them away. The armed men also took the two VAZ cars. The men spoke unaccented Russian.
12. The applicants have had no news of Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev and Kharon Musayev since 18 September 2000.
13. The Government in their observations did not dispute most of the facts as presented by the applicants. They stated that on 18 September 2000 "unidentified persons wearing camouflage uniforms" had entered the house at 44 Vostochnaya Street in Grozny and taken away Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev and Kharon Musayev, whose whereabouts remained unknown. The Government denied that the stolen cars had belonged to Magomed Temurkayev and Zaur Ibragimov. They also challenged certain aspects of the applicants' version of the events with reference to the documents from the criminal investigation file (see details below).

2. Apprehension of Usman Mavluyev

14. The tenth applicant is the wife of Usman Mavluyev, who was born in 1972.
15. In the autumn of 1999, during the counter-terrorist operation in Chechnya, she lived with her husband and their two sons at 81 Zabolotnogo Street in Grozny.
16. In November 1999, fearing for her sons' safety, the applicant went with them to stay with her mother, who lived in the village of Zakan-Yurt in the Achkhoy-Martan District. Her husband remained in Grozny.
17. On 7 January 2000 Ms Z.A., a friend and a remote relative of the Mavluyevs who also lived in Grozny, heard from other residents that, owing to the intensification of the military operations, on 8 January 2000 a "humanitarian corridor" would be arranged for civilians so as to let them escape from the fighting in Grozny. In the evening Ms Z.A. and Usman Mavluyev agreed to use that corridor and to leave for Zakan-Yurt.
18. At approximately 10 a.m. on 8 January 2000 Usman Mavluyev, Ms Z.A., Ms S., Ms R.G. and Ms L.G. walked towards the southern exit from Grozny through the village of Chernorechye. At a certain point they were joined by Mr V. At the checkpoint in Chernorechye they were stopped for a document inspection by servicemen of the Russian interior troops. At that moment Usman Mavluyev and Mr V. were the only men in the group of civilians trying to leave Grozny. They presented their passports to the servicemen. After that the servi

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