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

n - the third to ninth applicants and Mr Muslim Moldiyevich Nenkayev, born in 1982. The tenth applicant is the fourth applicant's wife. At the material time Muslim Nenkayev was a serviceman of the Gudermes district office of the interior. The applicants lived in a private house at 84 Pervomayskaya Street, Urus-Martan.

A. Disappearance of Muslim Nenkayev

1. The applicants' account

(a) Abduction of Muslim Nenkayev and the third applicant
9. At about 3 a.m. on 8 June 2002 a group of around twenty-five or thirty masked men in camouflage uniforms forcibly entered the Nenkayevs' house. They were armed with submachine guns with silencers and, swearing profusely, spoke Russian with no accent. The men did not identify themselves, but the applicants inferred that they belonged to the Russian military.
10. The first applicant, who was sleeping in his room, was woken by a blow to the leg from a machine gun butt. He saw several servicemen pointing machine guns at him. One of the servicemen was checking the first applicant's identity papers left on a table. The soldiers asked the first applicant whether his name was Moldi Nenkayev and whether he had sons. The first applicant answered in the affirmative. Then the servicemen asked the first applicant whether he had sons named Musa, Isa and Muslim. The first applicant confirmed that he had. Thereafter one of the servicemen put his machine gun against the first applicant's neck and escorted him to the courtyard and then to another entrance into the house of the Nenkayev family. The door was locked. One of the soldiers pushed a door knob and broke it. The first applicant asked his relatives inside to open the door, and the sixth applicant did so.
11. The servicemen came in with the first applicant in front of them and using him as a shield. About five of them entered a room in which the second and ninth applicants and the first applicant's sister-in-law and her daughter were sleeping. Threatening them with firearms, the servicemen ordered everyone to stay in bed and conducted a search which lasted about an hour.
12. During the search the servicemen seized a service machine gun belonging to the third applicant, who was an officer of the special police unit of the Chechen Republic. One of the servicemen attempted to take away the third applicant's leather jacket but another armed man ordered him to leave it.
13. Another group comprising around ten servicemen entered the room in which the fourth and tenth applicants were sleeping. They forced the fourth applicant out into the corridor and ordered him to lie face down. The tenth applicant was ordered to put her hands behind her head and also to lie down on the floor. Then the military searched the room and took away a leather waistcoat, a leather jacket, a gold ring and perfumes. The tenth applicant heard one of them telling another one to look for diamonds. Ten minutes later they left the room, having ordered the tenth applicant to stay down.
14. Several servicemen entered the room occupied by Muslim Nenkayev, the third, sixth, seventh and eighth applicants and the first applicant's nephew. The servicemen asked for Muslim and Isa Nenkayev. When the two Nenkayev brothers identified themselves, the servicemen ordered them to get dressed and leave the room. The other Nenkayev family members were ordered not to move.
15. Thereafter the servicemen led the first, third and fourth applicants and Muslim Nenkayev into the corridor and, swearing and threatening them with machine guns, ordered them to lie down and keep still. The third applicant tried to explain that he was a police officer and inquired what authority the servicemen represented and why they had intruded into the Nenkayevs' house. The servicemen left those questions unanswered.
16. The servicemen then declare

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