Постановление Европейского суда по правам человека от 29.10.2009 «Дело Сатабаева (Satabayeva) против России» [англ.]

e morning of 14 August 2000 the applicant, together with the families of the other detainees, visited the head of the Urus-Martan VOVD, Colonel Sh., who told them that Kazbek Vakhayev had been released on 11 August 2000, but that Yusup Satabayev, Mr G., and Mr Ch. had been abducted by the "Shamanovs" ("Шамановцы") and taken to the "force groups". According to the applicant, this meant the federal force group "Zapad" under the command of General Shamanov (группировка федеральных сил "Запад" под командованием генерала Шаманова) then located to the south-west of Urus-Martan. Neither the applicant nor other detainees' families were able to obtain any further information on the matter.

2. The Government's account

22. In their submissions prior to the Court's decision of 11 September 2008 on the admissibility of the application, the Government stated that "[o]n 1 August 2000 officers of the Urus-Martan [VOVD] under Decree of the President of the Russian Federation of 2 November 1993 No. 1815 "On Measures for Prevention of Vagrancy and Mendicancy" apprehended and brought to the said department Y.A. Satabayev, [Mr G.], K.L. Vakhayev and [Mr Ch.]. Subsequently they were released however, their whereabouts [are] still unknown".
23. In their submissions after the Court's decision of 11 September 2008 on the admissibility of the application, the Government stated that "[o]n 27 July 2000 the criminal proceedings... against Yu.A. Satabayev were discontinued, the measure of restraint in respect of this person was cancelled. As the relevant decision came to [remand prison] IZ-20/2 on 1 August 2000, Yu.A. Satabayev was immediately released. On 4 August 2000 Yu.A. Satabayev, in the absence of identification documents, was detained for committing an administrative offence pursuant to the Decree of the President of the Russian Federation of 2 November 1993 No. 1815 "On Measures for Prevention of Vagrancy and Mendicancy", his detention in the detention ward of the [Urus-Martan VOVD] lasted for ten days until 14 August 2000, on this date Yu.A. Satabayev was released. The detention of Yu.A. Satabayev was sanctioned by the prosecutor of the Urus-Martan district as valid and justified. The applicants have never brought any complaints against this detention before the national courts."

B. Search for Yusup Satabayev and investigation

1. The applicant's account

24. The applicant instructed her legal counsel, Ms T., to make all official enquiries with the authorities to establish the whereabouts of her son, which Ms T. did.
25. On 19 August 2000 the acting prosecutor of the Urus-Martan district informed the applicant's counsel that "according to the records of the Urus-Martan VOVD, [Yusup Satabayev] was released on 14 August 2000".
26. On 22 August 2000 the family of Kazbek Vakhayev learned from informal contacts that on 13 August 2000 four young Chechen men had been executed in the military camp near the village of Goy-Chu in the Urus-Martan district. Apparently the execution had been carried out by servicemen of the Urus-Martan district military commander's office (Урус-Мартановская районная военная комендатура) and the bodies had been buried in a shallow grave in the grounds of the military camp. When the camp was dismantled for relocation one of the soldiers told the villagers of Goy-Chu about the grave and asked them to re-bury the dead. In the indicated place the villagers exhumed four corpses with numerous traces of violence and some spent cartridges. They did not identify the bodies but they made a video recording. The bodies were re-buried on the same day, 22 August 2000, in the Goyskoye village cemetery. A member of Kazbek Vakhayev's family, Mr U., came to identify the bodies, but he did not recognise Kazbek Vakhayev among them. The applicant submitted to the Court a copy o

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