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





three relatives went to the Urus-Martan VOVD and waited there all day together with the families of the other detainees. At about 5 p.m. they submitted a parcel for Kazbek Vakhayev. However, after an unusually long delay a policeman brought it back and told them that their relative was no longer in the detention facility.
19. The applicants asked to see the head of the Urus-Martan VOVD, Colonel Sh., and when he came to meet them outside the VOVD the first applicant asked him where her son was. Colonel Sh. took their names, went back into the police station and then returned with Kazbek Vakhayev's passport. He handed the passport to the first applicant and told her he did not know where her son was. When she pressed him for an explanation he replied that he had probably been taken to the "force groups". According to the applicants, this meant the federal force group "Zapad" (группировка федеральных сил "Запад") which at the time was located to the south-west of Urus-Martan. When the first applicant protested, saying that the police were in charge of Kazbek Vakhayev and that handing him over without any documents was unheard of, Colonel Sh. replied that he would punish the head of the detention facility. The applicants were unable to obtain any more information on the matter.
20. On the evening of the same day the two brothers Sh. and four brothers M. were found after having been left on the Rostov - Baku motorway near the town of Argun in Chechnya. The applicants learned that all of them had sustained numerous injuries and had traces of torture. The first applicant also learned that on the night of 11 - 12 August 2000 they had been transferred from the Urus-Martan VOVD to the Urus-Martan District Department of the Interior (ROVD), a normal police station, and on the night of 12 - 13 August 2000 they had been taken to the federal force group "Zapad". After spending a night there, on 13 August 2000 they were taken to the town of Khankala, then the main federal military base for Chechnya. On the evening of the same day they were driven to the Argun district, where they were dropped off on the motorway.
21. On 14 August 2000 the applicants learned that two more detainees, Yusup Satabayev (Satabayeva v. Russia, application No. 21486/06) and Ch., had gone missing from the Urus-Martan VOVD at the same time as Kazbek Vakhayev. Yusup Satabayev had been in detention since 23 February 2000 on suspicion of involvement in illegal paramilitary groups; from the beginning of August he had been held in the Urus-Martan VOVD. According to the applicants, Ch. had been arrested during the sweeping operation on the Urus-Martan district on 9 August 2000. On 14 August 2000 the relatives of Yusup Satabayev and Ch. had learned of their disappearance from the Urus-Martan VOVD. G. had also gone missing from the VOVD.
22. At about noon on the same day the families of the four missing men met the head of the Urus-Martan VOVD, Colonel Sh., who initially told them that all four men had been released. He then said that only Kazbek Vakhayev had been released on 11 August 2000, but that the others had been taken to the "force groups". The first applicant talked to Colonel Sh. afterwards, and eventually he told her that all four men, including her son, had been taken to "FSB-2" ("ФСБ-2"), which formed part of the "force groups".

2. The Government's account

23. In their submissions prior to the Court's decision of 11 September 2008 on the admissibility of the application, the Government stated that "on 1 August 2000 officers of the Urus-Martan Temporary Department of the Interior of the Chechen Republic 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, [G.], K.L. Vakhayev and [Ch.]. Subsequently they were released how



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