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

m Nenkayev would be taken to a prosecutor's office and left.
26. Some time later the door opened again and the third applicant was ordered to rise. Somebody grabbed the blindfolded and handcuffed third applicant by the collar and escorted him downstairs and then outside. In the street he was put in the back seat of a car and two persons sat beside him. The car was rather high and the third applicant assumed that it was a UAZ vehicle. The car drove for about fifteen minutes. Then it stopped and the third applicant was taken out and put on the ground, face down. His handcuffs were removed and he was ordered to lie still for ten minutes. After the vehicle had left, the third applicant removed the adhesive tape from his eyes and saw that it was dark in the street. His service machine gun was lying nearby, but his pistol was missing.
27. At 3 a.m. on 9 June 2002 the third applicant returned home.

2. The Government's account

28. The Prosecutor General's Office established that at about 1 a.m. on 8 June 2002 unidentified persons wearing camouflage uniforms and masks and armed with machine guns had entered the house at 84 Pervomayskaya Street, Urus-Martan, and kidnapped Muslim Nenkayev and Isa Nenkayev. The latter had been released the following day.

B. The search for Muslim Nenkayev and the investigation

1. The applicants' account

29. On 8 June 2002 the first applicant visited the local administrative authority to ascertain his missing sons' whereabouts. He talked to Mr L.G., a deputy head, and Mr K., an official of the authority. Both officials stated that the applicants' relatives had been detained by federal troops. Two months later, however, Mr L.G. and Mr K. retracted their earlier statements.
30. About a month after Muslim Nenkayev's arrest, the first applicant talked to another deputy head of the local administrative authority, Mr M., who told him that Muslim Nenkayev had been detained by the Federal Security Service ("FSB"), the Main Intelligence Department ("GRU") and servicemen of the Urus-Martan military commander's office, and then taken to GRU headquarters.
31. On 15 or 20 July 2002 the first applicant talked to Mr L.-A.G., an FSB officer living in Urus-Martan, who told him that representatives of federal forces, namely the GRU, had been involved in the arrest of the Nenkayev brothers.
32. Since 8 June 2002 the applicants have tried to establish Muslim Nenkayev's whereabouts and have repeatedly applied to various State agencies, including prosecutors' offices at different levels, the Urus-Martan district department of the interior ("the ROVD"), the local administrative authority, the Urus-Martan military commander's office, the department of the FSB of the Chechen Republic ("the Chechen FSB") and other authorities. The applicants referred to the facts of the kidnapping of Muslim Nenkayev and the third applicant and asked for assistance and details of the investigation. Mostly their enquiries remained unanswered, or only formal replies were given according to which the requests had been forwarded to various prosecutor's offices "for examination".
33. On 8 July 2002 the South Federal Circuit Department of the Prosecutor General's Office informed the first applicant that his request to establish his son's whereabouts had been transmitted to the prosecutor's office of the Chechen Republic.
34. On 15 July 2002 the Chechen FSB notified the first applicant that his query had been sent to the military prosecutor of military unit No. 20102 ("the unit prosecutor's office").
35. On 17 July 2002 the prosecutor's office of the Chechen Republic forwarded the first applicant's complaint about the Nenkayev brothers' arrest and subsequent disappearance of Muslim

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