Постановление Европейского суда по правам человека от 28.05.2009 «Дело Басаева и другие (Basayeva and others) против России» [англ.]

from seven to eleven are the relatives of Mr Lema Dikayev, who was born in 1965. The seventh applicant is his sister; the eighth applicant is his father; the ninth applicant is his wife; the tenth and eleventh applicants are his daughters. At the material time Lema Dikayev had a second-degree disability; he had sutures in his abdominal area which had been put in 1996.
9. At the material time Martan-Chu was under the full control of the Russian federal forces and the area was under a curfew. Russian military checkpoints were located on the roads leading to and from the settlement.

A. Disappearance of the applicants' relatives

1. The applicants' account

a) Abduction of Lecha Basayev and subsequent events
10. On the night of 5 - 6 July 2002 the applicants, their relatives and Lecha Basayev were sleeping in their house in Bazarnaya Street in the village of Martan-Chu, Urus-Martan district, Chechnya. The applicants' house had several interconnected bedrooms. The fifth applicant, who was just a few months old at the time, was sleeping in one room; the first and the fourth applicants were sleeping in the second bedroom and Lecha Basayev was sleeping in the third bedroom. It rained that night.
11. At about 1.30 a.m. the first applicant woke up and heard someone banging on the door. When she approached the door, a group of about ten armed masked men with flashlights and in camouflage uniforms broke into the house and asked in Russian: "Where is Lecha Basayev?" The intruders dispersed into different rooms. They ordered the first applicant to lie down on the bed. The men pointed their machine guns at the first and the fourth applicants.
12. The men neither introduced themselves nor produced any documents. They spoke unaccented Russian. The applicants thought that they were Russian military servicemen. The servicemen ransacked the house. When the first applicant tried to ask for explanations, she was ordered to shut up. During the search one of the servicemen asked the first applicant: "Did you go to visit anyone by car two or three days ago?" She answered that they had not been anywhere. Then he told her: "We know that. We know everything".
13. About five minutes later the servicemen took Lecha Basayev outside. They walked through the first and the fourth applicants' bedroom. The first applicant saw that her husband had his clothes on. A few minutes later the first and the fourth applicants heard the sound of adhesive tape.
14. Having spent eight or ten minutes in the applicants' house, prior to leaving, the servicemen ordered the applicants to stay inside: "We will be watching the house, so if you dare to go outside, we will shoot you". After that the servicemen left with Lecha Basayev.
15. As soon as the servicemen left, the first applicant went outside. She did not see anyone in the yard. Approximately 50 metres from the house she saw a big group of military servicemen walking in the direction of the village centre.
16. At about 2 a.m. the first applicant returned to the house. A few minutes later she informed the sixth applicant, who lived nearby, about the abduction of his brother, Lecha Basayev. The sixth applicant asked her to stay at home until the end of the curfew.
17. Early in the morning on 6 July 2002 the first applicant followed the footprints left by the servicemen's boots. They were clearly visible on the wet ground. The traces ended on the paved road which led to the village centre. The first applicants assumed that if the military servicemen had come to their house on foot, they must have walked from the local military commander's office.
18. After that, early in the same morning, the sixth applicant and the first applicant's son went to the head of the village administration. He told them that he would go to Urus-Marta

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