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

d that they would take away the third applicant and Muslim Nenkayev, handcuffed and blindfolded them. They also covered Muslim Nenkayev's mouth with adhesive tape. They further asked the third applicant whether he had any firearms. The latter replied that as a police officer he had a service pistol and machine gun. The servicemen, who had already seized the third applicant's service machine gun, then took his pistol as well.
17. Thereafter the servicemen ordered the fourth applicant to stay down and took the first and third applicants and Muslim Nenkayev out into the courtyard. When the fourth applicant enquired where his brothers would be taken, the servicemen stated that they were from the Urus-Martan military commander's office and would take the detainees to a local police station.
18. In the courtyard the servicemen asked the third applicant for his identity papers. The latter replied that he had left them in the Nenkayev women's room. The servicemen took the first and third applicants to that room and took the third applicant's identity papers. The women asked the servicemen why they intended to take the third applicant away, but received no answer and were told to keep silent. The servicemen then noticed a machine gun ammunition belt and seized it. Thereafter they covered the third applicant's mouth with adhesive tape and took him outside.
19. The servicemen left the house and escorted the third applicant and Muslim Nenkayev into the street. Muslim Nenkayev was wearing a red T-shirt, black trousers and running shoes. The first applicant attempted to follow his sons, but the military warned him that they would shoot down any member of the Nenkayev family who attempted to stop them taking Muslim Nenkayev and the third applicant away. The first applicant stayed at the gate watching his two sons being taken on foot by the servicemen in the direction of the town centre.
20. The applicants have not seen Muslim Nenkayev since 8 June 2002.
(b) The Nenkayev brothers' detention
21. Even blindfolded, the third applicant managed to get his bearings and realised that they were walking towards the centre of Urus-Martan, where the Urus-Martan military commander's office and the Urus-Martan district administration ("the local administrative authority") were located.
22. According to the third applicant, they walked for some fifty minutes. Then he heard a gate being opened. It was an iron gate, like the one in the military commander's office. They passed through that gate and entered a building. Then the third applicant and his brother were taken upstairs to the first floor and placed in a cell. The servicemen left the Nenkayev brothers blindfolded and handcuffed and went away.
23. Some time later the third applicant heard the sound of footsteps from above and realised that there were more than two floors in the building in which they were being held. The third applicant inferred that he and his brother had probably been taken to the military commander's office, since there were only two buildings comprising more than two floors in the centre of Urus-Martan: the military commander's office and a block of flats, the latter, however, having no fence or gate and being fully occupied by civilians.
24. While in the cell, the third applicant fell asleep on several occasions. When at some point he called his brother, there was no reply. The third applicant assumed that Muslim Nenkayev must have been taken out of the cell while he was sleeping.
25. Then the third applicant heard the cell door being opened and someone asked him in Russian, without an accent, whether he knew why he had been brought there. The third applicant answered in the negative. Thereafter he was questioned for about twenty or thirty minutes. The interviewer told the third applicant that he would be released and that Musli

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