Постановление Европейского суда по правам человека от 29.10.2009 «Дело Хантиева и другие (Khantiyeva and others) против России» [англ.]

anent basis, the soldiers having constructed a shelter there. The building was situated about fifty metres from the military commander's office of the Staropromyslovskiy district (the district military commander's office) and its checkpoint. Two further checkpoints were located in the vicinity of the applicants' building. One of them, called "Katayama" ("Катаяма"), was located about 500 metres away; the other one, called "Zagryazhskiy" ("Загряжский") was about 1.5 km away from the applicants' building.

B. Abduction of Mayrudin Khantiyev

1. The applicants' account

(i) The events of 4 December 2000 as described by the applicants
9. On 4 December 2000 the applicants and Mayrudin Khantiyev were sleeping in their respective flats at the above address. At about 6.15 a.m., during curfew, the third applicant was woken up by a noise at the entrance door. She approached the door and noticed the light of a torch. She saw that the door was being forced from the outside. The third applicant called Mayrudin Khantiyev and they tried to hold the door from the inside. After a while the door lock was broken and a group of about five armed men in dark-green camouflage uniforms and masks burst into the flat. The intruders were speaking Russian. They neither identified themselves nor produced any documents. The third applicant inferred that they were servicemen.
10. The servicemen immediately grabbed the third applicant and Mayrudin Khantiyev and took them into one room. The third applicant asked one of the intruders what they were looking for. She did not receive any response to her question and was ordered to stay quiet. She heard the servicemen tying up her husband with adhesive tape; he could not say anything as apparently his mouth was covered with the tape. Having tied up Mayrudin Khantiyev, who was barefoot and in his underwear, the servicemen dragged him outside through the balcony and put him into a new white Niva vehicle with blackened windows and without licence plates, parked near the third applicant's balcony. While the servicemen were leaving the flat with Mayrudin Khantiyev the third applicant started screaming for help. Meanwhile the men got into the car and it started driving away in the direction of the 36th district (36-й участок) of Grozny.
11. The third applicant ran outside calling for help, and saw the car drive away in the above direction. At that moment the first applicant and several neighbours ran outside. The applicants immediately asked the servicemen on the roof for help. The first applicant shouted to them that the men in the white car, which was still visible on the road, had abducted her son. Servicemen on one of the guard posts on the roof did not react to the first applicant's calls for help. Soldiers at the other guard post ordered the applicants to stay quiet and to return home as it was curfew.
12. According to the first applicant's statement to her representatives, she reached Mayrudin Khantiyev's flat while the armed masked men were still inside it. They would not let her inside.
13. One of the applicants' neighbours, the former head of a local department of the interior, also went outside and heard the applicants ask for help. He told the first applicant to get into his car and they drove to the Russian federal forces checkpoint located about 1.5 km away. At the checkpoint the first applicant told the soldiers that her son had been abducted by men in the white VAZ-2121 car and asked whether that car had passed the checkpoint. The soldiers told her that they did not know anything and threatened to kill the first applicant and her neighbour if they did not return home.
14. On the same day the second applicant went to the district military commander's office. He complained to the military commander that Mayrudin Khantiyev had been abdu

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