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

ever, their whereabouts [are] still unknown".
24. In their submissions after the Court's decision of 11 September 2008 on the admissibility of the application, the Government reiterated that Kazbek Vakhayev had been detained on 1 August 2000 on the ground of the above-mentioned Decree. At the same time they submitted that he had been released on 11 August 2000. The Government also stated that his detention 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. The search for Kazbek Vakhayev and the investigation

25. On 15 August 2000 the first applicant filed a complaint with the Urus-Martan District Prosecutor's Office concerning the unlawful arrest, detention and disappearance of her son.
26. On 20 August 2000 the acting prosecutor of the Urus-Martan district replied to the first applicant:
"Further to your application concerning the disappearance of your son, Kazbek Vakhayev, born in 1975, I can inform you that from 1 to 11 August 2000 he was detained in the detention facility of the Urus-Martan VOVD as a vagrant, after which he was released."
27. On 22 August 2000 the first and the second applicants learned from informal contacts that on 13 August 2000 four young Chechen men had been executed in a military camp near the village of Goy-Chu of the Urus-Martan district. The execution had apparently been carried out by servicemen from 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 relocated one of the soldiers had told the villagers of Goy-Chu about the grave and asked them to re-bury the dead. In the place he indicated villagers exhumed four corpses with numerous traces of violence, and also found some spent cartridges. They could not identify the bodies but they made a video recording of them. The bodies were re-buried on the same day, 22 August 2000, in the Goyskoye village cemetery. A member of the applicants' family, Mr U., came to identify the bodies, but he did not recognise Kazbek Vakhayev among them. The applicants submitted a copy of the above video recording to the Court.
28. On 27 August 2000 the first applicant wrote to the military commander of the Urus-Martan district, requesting him to take urgent measures to search for her son.
29. On 14 September 2000 the applicant filed a written complaint with the Special Envoy of the Russian President for Rights and Freedoms in the Chechen Republic, requesting his assistance in the search for her son.
30. On 16 September 2000 the first applicant and the mothers of the missing detainees Yusup Satabayev, G. and Ch. applied to the Prosecutor's Office of the Chechen Republic, complaining about the disappearance of their sons from the detention facility and alleging the use of torture against them.
31. On 17 September 2000 the Urus-Martan District Prosecutor's Office informed the applicant that her letter of 20 August 2000 had been forwarded to the Urus-Martan VOVD.
32. On 18 October 2000 the Urus-Martan District Prosecutor's Office opened a criminal investigation into the abduction of four men, i.e. Kazbek Vakhayev, Yusup Satabayev, G. and Ch. (criminal case file No. 24048). The decision stated, in particular:
"On 1 August 2000 officers of the Urus-Martan [VOVD] apprehended and brought to the [VOVD] [Mr G.], Kazbek Vakhayev, [Mr Ch.] and Yusup Satabayev pursuant to Decree No. 1815 of the President of the Russian Federation of 2 November 1993 "On Measures for the Prevention of Vagrancy and Mendicancy".
On 14 August 2000 the detainees were released and sent to their places of residence.
However,

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