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





part of the town. From early morning military forces cordoned off the eastern sector of the town, and officers from the Ministry of the Interior carried out a security raid.
10. During the raid a van belonging to the Urals police arrived at the Vakhayevs' house. The whole family was already waiting in the courtyard with their documents, ready to be checked. According to the applicants, the servicemen were wearing police uniforms and were armed. Without any introduction or the presentation of a warrant they started searching the house. No attesting witnesses were present and no official records were made of the search. The search did not yield any incriminating evidence.
11. After the search the servicemen proceeded with the document check, and requested the passports of the adult men who were present, namely Kazbek Vakhayev and his father, Lecha Vakhayev. They showed their passports, both of which were valid and bore registration stamps confirming their legal address, which was the place where they were being checked. The servicemen examined the passports and asked who Kazbek Vakhayev was. He answered and then asked whether anything was wrong with his documents. The servicemen told him that the documents were fine, but he was "on the list" and showed him a page from a notepad with some names on it. He was ordered to get in the van. In reply to the first applicant's question as to where he was being taken one of the policemen said: "They will see. Interrogate him. He will be released in two hours". Another policeman explained that Kazbek Vakhayev was being taken following the receipt of an anonymous letter.
12. On the same day officers from the Urus-Martan VOVD arrested several other men from the neighbourhood, among them G., two brothers Sh. and four brothers M. At the time of their arrests their houses were also searched. All of them were taken to the Urus-Martan VOVD, a temporary police station with a detention facility set up in a former boarding school in the town centre.
13. On 2 August 2000 the applicants learned that an order to remand Kazbek Vakhayev in custody for ten days had been issued on the grounds that he was a vagrant. Under the applicable legislation this meant a person without any legal address indicated in his passport.
14. For the next ten days the first and the second applicants visited the Urus-Martan VOVD regularly to enquire about Kazbek Vakhayev and to leave food and clothes for him, to be passed to the detention facility. Every day they were told that there was nothing pending against him on the file and that he was about to be released.
15. Whenever the applicants left a parcel they attached a list of its contents, which would then be signed by Kazbek Vakhayev, and the guard would show them his signature to confirm its receipt. The applicants submit that they recognised his signature every time they left him a parcel. Sometimes he would add a short note and they were also able to recognise his handwriting.
16. On 11 August 2000 Kazbek Vakhayev was due to be released after his ten days' detention. His relatives and the families of other detainees whose release was due on the same day went to the Urus-Martan VOVD early in the morning to pick them up. They waited until 5 p.m., when Major S. announced that no one would be released on that day. The applicants then left another parcel for Kazbek Vakhayev, the receipt of which he confirmed as usual. All the detainees' families, including the applicants, stayed in front of the Urus-Martan VOVD until the start of the curfew and then left.
17. On 12 August 2000 the applicants and the other families waited outside the Urus-Martan VOVD all day, but no one was released on that day either. In the evening the applicants left another parcel, the receipt of which Kazbek Vakhayev confirmed as usual.
18. On 13 August 2000 the first and the second applicants and



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