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Постановление Европейского суда по правам человека от 23.04.2009 «Дело Хачукаев (Khachukayev) против России» [англ.]





rs or any documents to justify their actions and gave no explanations. According to the applicant, the intruders were Russian military servicemen, as they spoke unaccented Russian and were able to circulate freely during the curfew.
12. The applicant was woken by the noise and attempted to get up, but was ordered to remain in bed. Two intruders pointed their machine guns at him. He asked them what they intended to do and in response they told him to go to sleep. From his bed the applicant saw that there were other armed men in the house.
13. Three men entered the room in which the applicant's daughter and one of his daughters-in-law were sleeping. They told the women that it was a passport check and ordered them to remain in their beds and not to move. Then two of them aimed their machine guns at the women, while the third searched the room, acting quickly and quietly and in a professional manner. The intruders also asked the applicant's daughter, who was in the other house at the time, and she replied that her two brothers were sleeping there. About five minutes later the men left the room, having warned the women to stay inside, as the house was surrounded by snipers.
14. Two intruders entered the room occupied by the applicant's elder son, his wife and their two children. The applicant's daughter-in-law woke up and the men told her that it was a passport check. They pointed their machine guns at the applicant's elder son, who was still asleep, and asked the applicant's daughter-in-law whether there were any firearms in the house. She answered in the affirmative and gave them a pistol belonging to her husband, who was an officer of a law enforcement agency. The intruders enquired why there were firearms in the house and the applicant's daughter-in-law replied that it was her husband's service gun. Thereafter the men asked who was in the other house, and the applicant's daughter-in-law replied that two of her husband's brothers were sleeping there. The intruders also ordered the applicant's daughter-in-law to produce her husband's identity papers. When she did so, one of the men took the documents away and showed them to someone in the street. Shortly after he returned and gave the papers back. The intruders then disassembled the service gun of the applicant's elder son and put it in a plastic bag, stating that they had done so to ensure that the Khachukayevs would not shoot them in the back.
15. A group of three or four men forcibly entered the other house, occupied by Murad Khachukayev and the applicant's youngest son. They ordered the latter to get up and stand against the wall and checked his documents. Thereafter they ordered Murad Khachukayev to lie face down on the floor and checked his identity papers as well. The men also quickly searched the house. After that they ordered Murad Khachukayev to follow them and took him away, stating that he should show them his neighbours.
16. According to the applicant, he went out to the yard to check what the intruders were doing in the house where his two sons were sleeping. One of the intruders shouted at him that there were snipers around. It was cold outside and the applicant went back to get some warm clothes. He returned to the yard a few minutes later, but the intruders had already left. The applicant's youngest son told him that they had taken Murad Khachukayev away. The applicant rushed inside and woke up his elder son. They immediately went to the village administration, but there were only security guards there, who told them that it was too early in the morning and advised them to wait until working hours.

2. Information submitted by the Government

17. The Government did not challenge most of the facts as presented by the applicant. They stated that it had been established that "on the night of 5 February



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