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Постановление Европейского суда по правам человека от 22.04.2010 «Дело Хатуева (Khatuyeva) против России» [англ.]





As soon as the operation was over the applicant went by car to the Sunzhensky ROVD together with R.A., a relative of another apprehended person. They saw the seven apprehended men being taken from the yard into the ROVD building.
9. Three of these men were released at approximately midnight. Two of them later stated that they had initially been detained for several hours in a wing on the ground floor and then taken to the second floor for questioning.
10. On 3 August 2004 at approximately 1 a.m. a ROVD officer informed the applicant and the three men who had just been released that the other detainees, including Sultan Khatuyev, would be released in the morning.
11. Around 8.00 a.m. on 3 August the applicant went back to the ROVD with relatives of the other detainees. They were told that the four remaining detainees had been taken to the Federal Security Service (FSB) office in Magas. The applicant and the other detainees' relatives immediately went there. While they were not allowed to enter the premises, an officer confirmed that the four people, including Sultan Khatuyev, were being detained at that office.
12. In response to the applicant's repeated requests an officer came out of the building at 4.00 p.m. and released two more persons. He also told the applicant that the other two persons, Sultan Khatuyev and U.I., had already been released. According to U.I.'s relatives, he had indeed been released in an extremely poor condition by FSB officers between 1.00 and 2.00 p.m. and left alone at a rubbish dump. The applicant went to the rubbish dump to look for her husband but did not find him or any of his personal belongings.
13. U.I. later told the applicant that he and Sultan Khatuyev had been detained in two neighbouring cells on the FSB premises and that he had heard Sultan Khatuyev groaning. He told her that he had been beaten by the FSB officers and that, given the sounds coming from the other cell, Sultan Khatuyev had been beaten as well. The lawyer representing the applicant submitted a written statement about his conversation with U.I. to that effect; however, he noted in the same statement that U.I. had feared reprisals and refused to sign any testimonies about his detention. According to the lawyer's submissions, U.I. and Sultan Khatuyev had been taken in the same car from the Sunzhenskiy ROVD to the FSB office in Magas. U.I. had had a plastic bag over his head but he had heard the voice of the applicant's husband, whom he had known well as they had been neighbours. He also told the lawyer that the car had not stopped anywhere on the way to Magas and that at one point he had heard Sultan Khatuyev screaming in the building.
14. The applicant has had no news of Sultan Khatuyev since 2 August 2004.
15. In support of her own statements, the applicant submitted statements by her relatives and a statement by one of the persons who had been detained on 2 August 2004 at the Sunzhenskiy ROVD together with Sultan Khatuyev.
16. The Government did not dispute the circumstances of the applicant's husband's detention on 2 August 2004.

B. The search for Sultan Khatuyev and the investigation

1. The applicant's account

17. Since 3 August 2004 the applicant has repeatedly applied in person and in writing to various public bodies. She has been supported in her efforts by NGO Memorial. In her letters to the authorities the applicant referred to her husband's detention and asked for assistance and details of the investigation. Mostly these enquiries have remained unanswered, or purely formal replies have been given in which the applicant's requests have been forwarded to various prosecutors' offices. The applicant submitted some of the letters to the authorities and the replies to the Court, which are summarised below.
18. On 3 Au



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