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

2003 unidentified persons in camouflage uniform and masks, armed with automatic firearms, abducted M.S. Khachukayev from house No. 141, Kirova Street in the village of Goyty, in the Urus-Martan district of Chechnya".

B. Search for Murad Khachukayev and discovery
of his remains

18. In the morning of 5 February 2003 the applicant and his relatives found numerous footprints on the snow in their yard and around their household in the street. The footprints led in the direction of the village bakery. According to one of the applicant's daughters-in-law, the servicemen who had raided their house that night had been out of breath and she concluded that they had reached their house on foot from some distance away. Several days later she talked to three other residents of Goyty who had seen two military UAZ vehicles parked near the bakery on the night of the abduction. The first witness had seen the UAZ vehicles close to the bakery in Goyty; the second and third witnesses had seen the vehicles in the western part of the village at about 4 a.m. on 5 February 2003. The vehicles were leaving Goyty and were about to cross the checkpoint of the Russian federal forces in the eastern part of Urus-Martan.
19. After communication of his application to the respondent Government, the applicant submitted to the Court the names and addresses of the witnesses who had provided this information. The witnesses requested not to have their names transmitted to the Government, out of fear for their personal safety, but they were ready to provide their accounts to the Court on conditions of anonymity.
20. The applicant asked his family members and neighbours to preserve the footprints in order to enable the authorities to conduct a crime scene examination and collect evidence. After that the applicant and his elder son went to Urus-Martan and complained to the Urus-Martan district prosecutor's office (the district prosecutor's office), the Urus-Martan district department of the interior (the ROVD) and the Urus-Martan district military commander's office (the military commander's office) that Murad Khachukayev had been unlawfully abducted. According to the applicant, all these law-enforcement bodies stated that they had not detained his son and that they had no information as to the latter's whereabouts, and refused to take any measures in connection with his complaints.
21. During the next five days the applicant continued the search for his son. Every day he requested the authorities orally and then in writing to inform him about the reasons for his son's apprehension or to commence an investigation, if Murad Khachukayev had been kidnapped by unknown persons. No measures had been taken.
22. On 10 February 2003 the applicant spoke with a resident of Goyty, who informed him that a shepherd who had been tending cattle in the abandoned orchard (known as the Michurina orchard or the Michurina district orchard) on a State collective farm near the road between Goyty and Urus-Martan had seen a fresh hole in the ground and human remains which had apparently been blown up. According to the applicant, the Russian mass media reported a number of incidents when the remains of blown-up corpses of persons detained by federal servicemen had been found on the said collective farm. In support of these allegations he submitted a copy of an article "Chechnya: after order No. 80" ("Чечня: после Приказа N 80") from a national weekly newspaper, Novaya Gazeta, dated 29 April - 5 May 2002.
23. On the same day the applicant and his elder son met the shepherd, who accompanied them to the place where the remains had been discovered, which was about 20 metres from the road. The shepherd told them that he had discovered this site on 5 February 2003. The applicant saw a hole measuring approximately 1.5 m. in diameter and 1 m. in depth, with small frag

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