Постановление Европейского суда по правам человека от 18.06.2009 «Дело Магомадова (Magomadova) против России» [англ.]

of them were wearing masks; the others had no masks and had Slavic appearance. They neither identified themselves nor produced any documents. The applicant and her relatives thought that they were Russian military servicemen.
12. At first the servicemen rushed into the applicant's room, then into the room of her son Ibragim Uruskhanov and his family. The servicemen took Ibragim Uruskhanov's passport and ordered him to go with them. When the applicant asked why they were taking her son away, the servicemen told her that they were taking him "to find something out" (для выяснения) and that she would find him the next morning, either at the Urus-Martan temporary district department of the interior (the VOVD) or at the local military commander's office. While Ibragim Uruskhanov was getting dressed the intruders searched the flat. They did not explain what they were looking for. It appears that they did not find anything of interest to them.
13. Having spent about fifteen minutes in the applicant's flat, the servicemen took her son outside. The applicant tried to follow them, but at the entrance to the building she was stopped by one of the officers, who ordered her to return home as she was violating the curfew. According to the applicant's neighbour, Mr A.M., ten to twelve intruders walked with Ibragim Uruskhanov in the direction of the Russian military checkpoint.
14. The applicant waited for a few minutes and ran to her daughter, who lived nearby. Having told her about the abduction of Ibragim Uruskhanov, the applicant went back home. On her way to the flat the applicant saw a military URAL vehicle moving slowly, behind another vehicle which looked like an APC (armoured personnel carrier). Both vehicles drove in the direction of the Russian military checkpoint located in the building of the former enterprise Selkhozkhimia on the eastern outskirts of Urus-Martan.
15. When the applicant returned home, a number of neighbours were waiting for her. They told her that they had seen from their windows Russian military servicemen arriving at the block of flats in an APC and a military URAL vehicle. The servicemen had ordered those neighbours who had attempted to go outside to stay in their flats.
16. The applicant has had no news of Ibragim Uruskhanov since the night of his abduction.
17. In support of her submission, the applicant furnished the Court with the following witness accounts: two statements by the applicant dated 1 October 2005 and 20 October 2008; an account by Mrs A.A. dated 30 September 2005; two accounts by Mrs R.Z. dated 29 September 2005 and 7 October 2008; an account by Mrs L.A. dated 22 April 2004; an account by Mrs M.M. dated 20 October 2008 and an account by Mr M.A. dated 20 October 2008.

2. Information submitted by the Government

18. The Government did not challenge most of the facts as presented by the applicant. According to the decision of the Urus-Martan district prosecutor's office of 18 April 2002 concerning the opening of a criminal investigation "...at about 3.45 a.m. on 12 April 2002 unidentified persons armed with automatic weapons entered the Uruskhanovs' flat at No. 56, Lenina Street in Urus-Martan, kidnapped Ibragim Tausovich Uruskhanov and left in an unknown direction..." The Government further pointed out that the criminal case file materials did not contain any indication to the effect that Ibragim Uruskhanov's abductors had searched the applicant's home.

B. The search for Ibragim Uruskhanov and the investigation

1. The applicant's account

(a) The official investigation
19. In the morning of 12 April 2002 the applicant went to a number of local law enforcement authorities, including the VOVD and the Urus-Martan district military commander's office (the district military

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