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

cemen tied their hands, put bags on their heads and dragged them to an APC. The servicemen did not put any questions to them. Usman Mavluyev did not want to go and obeyed the servicemen reluctantly. Then they hit him with the butt of an assault rifle and forced him and Mr V. into the APC. Usman Mavluyev has never been seen again.
19. A few minutes after the APCs had left, bombing began. In panic, Ms Z.A., together with other residents, ran back to Grozny. On 12 January 2000 she managed to leave Grozny and arrive in Zakan-Yurt. There she related to the tenth applicant the circumstances of her husband's detention. Ms Z.A.'s written account dated 5 September 2006 was enclosed with the application. In her further submissions the tenth applicant also referred to Ms Z.A. as Ms A.A.
20. The tenth applicant has had no news of Usman Mavluyev since 8 January 2000.
21. The Government in their observations did not challenge most of the facts as presented by the applicant. They stated that on 8 January 2000 Usman Mavluyev had been apprehended by "unidentified persons" at the checkpoint in Chernorechye and taken away to an unknown destination. The Government disputed the involvement of State agents in Usman Mavluyev's disappearance.

B. Search for the applicants' relatives
and the investigation

22. The accounts in this subsection are mainly based on the information provided by the applicants. It appears that all of them sent numerous letters to the prosecutors and other authorities, describing the circumstances in which their relatives had been detained and asking for assistance and details of the investigation. The first nine applicants submitted a significant number of replies from the authorities forwarding their requests to different prosecution services. They received hardly any substantive information from the official bodies about the investigation into the disappearances. As regards the tenth applicant, she received information on the subsequent course of the investigation in 2008, after her request to study the case file had been granted by the domestic courts (see paragraphs 147 - 156 below). Below is a summary of the letters kept by the applicants and the replies they received from the authorities, and of other relevant developments.
23. In their observations the Government submitted some additional important details on the progress of the investigation, which are summarised separately in part C below.

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

24. It appears that shortly after the abduction of the six men their relatives started complaining about it and the theft of the two cars to various State officials.
25. On 2 October 2000 criminal investigation file No. 12199 into Khasan Batayev's kidnapping was opened under Article 126 § 2 of the Russian Criminal Code ("aggravated kidnapping") by the Grozny town prosecutor's office ("the town prosecutor's office").
26. On 11 November 2000 the town prosecutor's office instituted an investigation into Magomed Temurkayev's kidnapping under Article 126 § 2 of the Russian Criminal Code ("aggravated kidnapping"). The case was assigned number 12256.
27. On 16 November 2000 the town prosecutor's office launched criminal investigation file No. 12263 into Rizvan Ismailov's kidnapping.
28. In their observations the Government submitted that on 2 December 2000 the investigation in case No. 12199 had been suspended on account of the failure to identify the perpetrators. The Government submitted no relevant documents.
29. On 8 January 2001 the town prosecutor's office suspended the proceedings in case No. 12263 for the same reason.
30. On 9 January 2001 the to

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