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Постановление Европейского суда по правам человека от 01.04.2010 «Дело Муцолгова и другие (Mutsolgova and others) против России» [англ.]





e had been five to eight abductors who had arrived in a white Niva and a dark blue VAZ vehicle; Bashir Mutsolgov had been put into the white Niva vehicle.

2. The Government's account

16. The Government submitted that on 18 December 2003 at about 4.20 p.m., a group of unidentified armed men in camouflage uniforms had forced Bashir Mutsolgov into a white Niva vehicle near house No. 83 at Oskanova Street in Karabulak and had taken him to an unknown destination.

B. The applicants' search for Bashir Mutsolgov
and the investigation

1. The applicants' account

(a) The applicants' search for Bashir Mutsolgov
17. Immediately after the abduction of Bashir Mutsolgov, at about 4 p.m. on 18 December 2003, Ya.Kh. alerted the first, second and third applicants about their relative's abduction. At about 4.20 p.m. the applicants complained about Bashir Mutsolgov's abduction to a number of local law enforcement agencies, including the GOVD. The authorities denied having arrested the applicants' relative.
18. On 24 or 25 December 2003 the third applicant's car was stopped by a grey VAZ-21099 vehicle with blacked-out windows and without number plates. Two men in camouflage uniforms got out of the vehicle, while the driver stayed inside. One of them, aged thirty to thirty-five and of Slavic appearance, approached the third applicant and identified himself as an FSB officer, but refused to provide his name. He carried a Makarov pistol - the usual equipment of members of the Russian "power structures". He told the third applicant that he could provide him with information on the whereabouts of Bashir Mutsolgov in exchange for 300 United States dollars (USD). The officer described in detail the clothing worn by Bashir Mutsolgov on the day of his abduction.
19. Having received the money, the officer told the applicant that his brother had been abducted by a group of officers of the Ingushetia department of the FSB, the Chechnya department of the FSB and the Regional Department of the FSB in the North Caucasus (УФСБ по Республике Ингушетии, Чечне и Региональное Управление по Северному Кавказу). The officer told the applicant that after the abduction Bashir Mutsolgov had been taken to the Ingushetia department of the FSB in Magas and had been detained in a basement. The following day, presumably on 19 December 2003, Bashir Mutsolgov had allegedly been taken by two grey UAZ vehicles ("таблетка") to the Khankala settlement in the Chechen Republic, where the main base of the Russian military forces was located. According to the officer, while in detention Bashir Mutsolgov had been subjected to beatings and torture with a view to making him confess to an unspecified crime he had not committed.
20. On an unspecified date in the end of December 2003 the third applicant met with an acquaintance who had come over with a young armed man in a camouflage uniform, who was carrying a pistol. The latter spoke Ingush and introduced himself as an officer of the FSB headquarters in Magas. In exchange for USD 200 he promised to find out more information about Bashir Mutsolgov. On the following day the applicant met with him again. According to the officer, on 18 December 2003 a man answering to the description of Bashir Mutsolgov had been brought to the FSB headquarters in Magas and taken into the building through a side entrance.
21. In mid-November 2004, when returning from his parents' home, the third applicant was allegedly approached by a young man in a camouflage uniform and a black knitted hat, who called the third applicant by name. He spoke Russian without accent. The man identified himself as an FSB officer and showed the third applicant a dark-red or brown certificate with a laminated picture. The third applicant could not read the man's family name



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