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Постановление Европейского суда по правам человека от 08.04.2010 «Дело Умалатов и другие (Umalatov and others) против России» [англ.]





rmation about the progress of the investigation and some copies of documents from the files (11 pages). They did not submit copies of any of the witness statements to which they referred.
31. The documents and the observations confirm that both men were detained on 15 October 2002 during a large security operation. The Government submitted copies of three documents relevant to this operation. The order by the military commander of the Nadterechny district of 14 October 2002 gave instructions to carry out a joint operation involving about 250 servicemen of the Ministry of the Interior, FSB and the military commander's office in order to find members of an illegal armed group who had killed three servicemen of the military commander's office on 1 October 2002, and who had apparently been hiding in Nagornoye. As regards the possibility of detaining suspect individuals, the order contained the following indications: "upon identification of persons wanted upon suspicion of involvement in crimes committed by illegal armed groups, they should be detained, brought to the filtration point and later delivered to the ROVD for the carrying out of investigative actions; if active resistance is met, measures should be taken to neutralise or destroy them".
32. The order of the Ministry of the Interior for the district, also dated 14 October 2002, contained similar provisions. Finally, on 15 October 2002 the head of the detachments of the Ministry of the Interior based in the district produced a report on the results of the operation. It listed thirteen men who had been detained in Nagornoye on that day on suspicion of being involved with illegal armed groups, and who had been questioned, fingerprinted and delivered to the ROVD. Shamad Durdiyev and Usman Umalatov were listed among the thirteen men.
33. As to Usman Umalatov, the Government submitted that the investigation commenced on 24 October 2002 by the Urus-Martan district prosecutor's office under Article 126 part 2 of the Criminal Code - aggravated kidnapping. The investigation had been triggered by the first applicant's complaint to the Nadterechny district prosecutor's office of 21 October 2002 about the arrest of his son early in the morning on 15 October 2002 by the local FSB.
34. On 25 October 2002 the authorities questioned the first applicant and granted him the status of a victim in the proceedings. He had stated that his son had been detained at the district department of the FSB, but that the head of the department, Mr Kh.M., had assured him that he had personally let his son out of the building. The first applicant also mentioned that Mr A.K., who had been detained with his son, had returned home on 17 October 2002.
35. On 4 November 2002 the investigator examined the registration log of the Nadterechny ROVD and noted that Usman Umalatov had been delivered there at 10 a.m. on 15 October 2002 for an identity check and that at the same time he had been transferred to the district department of the FSB for further investigation.
36. It does not appear that any additional steps were taken in the investigation into Usman Umalatov's disappearance after this point.
37. As to Shamad Durdiyev, criminal investigation file No. 65048 was opened on 24 October 2002 in response to the third applicant's letter of 21 October 2002. Within the following days the third applicant was questioned and granted the status of a victim in the criminal case. On 30 October 2002 the investigation was forwarded to the military prosecutor of Chechnya and on 15 November 2002 the military prosecutor of military unit No. 20111 took charge of the proceedings.
38. According to the Government, in November 2002 the military prosecutor questioned a number of officials and servicemen of the Nadterechny district who had been in charge of or had participated in the operation. Among them were the deputy mil



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