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Постановление Европейского суда по правам человека от 23.04.2009 «Дело Битиева и другие (Bitiyeva and others) против России» [англ.]





the eight vehicles mentioned above driving in the direction of Grozny. At some point the vehicles crossed the river and stopped. The twenty-second applicant heard a few shots.
vii. Zelimkhan Osmayev
20. The thirty-first applicant is the mother of Mr Zelimkhan Umiyevich Osmayev, born in 1975. The twenty-seventh, thirty-second and thirty-third applicants are Zelimkhan Osmayev's siblings. Zelimkhan Osmayev was married to the twenty-eighth applicant; they were the parents of the twenty-ninth and thirtieth applicants.
21. At about 2 a.m. on 27 March 2004 around fifteen armed men wearing the masks and uniforms of the special fast deployment team ("SOBR") burst into the Osmayevs' house at 36 Podgornaya Street. The men spoke unaccented Russian. They turned on the light, awakened the Osmayevs and asked for Zelim Osmayev. Zelimkhan Osmayev identified himself and asked the armed men why they had come. The men took him outside, where three UAZ vehicles were parked. They brought Zelimkhan Osmayev to one of the vehicles and directed a flash-light at him as if they wanted someone to identify him. Then they put Zelimkhan Osmayev in a car and drove away.
viii. Idris and Suleyman Elmurzayev
22. The thirty-fourth and thirty-fifth applicants are the parents of Mr Idris Said-Khuseynovich Elmurzayev, born in 1974. Idris Elmurzayev was married to the thirty-sixth applicant; they were the parents of the thirty-seventh and thirty-eighth applicants.
23. At about 2 a.m. on 27 March 2004 around fifteen armed men wearing masks and uniforms broke into the house at 23 Rodnikovaya Street and forced all family members to the floor. Then they took Idris Elmurzayev and his brother, Suleyman Elmurzayev, outside, put them in an UAZ off-road vehicle and drove away.
ix. Other events
24. On the same night a group of armed masked men took two other residents of Duba-Yurt, namely Umar and Ibragim Elmurzayev, from their home. After leaving the village, the servicemen allowed those two men and Suleyman Elmurzayev to get out of the vehicles, told them to lie still for several hours on the ground and left. Later the three men returned home.
(b) The Government's account of events
25. According to the Government, in the village of Duba-Yurt on 27 March 2004 in the period between 2 and 3.30 a.m. unidentified men wearing camouflage uniforms and masks, armed with automatic firearms and equipped with armoured personnel carriers and UAZ vehicles, abducted Bayali Elmurzayev from the house at 15 Rodnikovaya Street, Apti Murtazov from the house at 73 Nuradilova Street, Idris Elmurzayev from the house at 23 Rodnikovaya Street, Lechi Shaipov from the house at 10 Beregovaya Street, Khusin and Isa Khadzhimuratov from the house at 21 Rodnikovaya Street, Sharip Elmurzayev from the house at 10 Partizanskaya Street, and Zelimkhan Osmayev from the house at 36 Podgornaya Street and took them away in an unknown direction.

2. The applicants' search for their relatives

26. In the applicants' submission, starting from 27 March 2004 they complained to a number of State law-enforcement agencies, such as the military commander's office of the Shali District ("the district military commander's office"), the Chechen President, the office of the Ministry of the Interior for the Shali District ("the district office of the interior"), the Ministry of the Interior of the Chechen Republic and the Federal Security Service, about the abduction of their eight relatives. It does not appear that those complaints concerned the searches allegedly carried out in their homes.
27. According to the applicants, they also tried to establish their relatives' whereabouts through unofficial channels and had several conversations with various State officials. In the applicants' submission, Mr N., a counsellor to the Chechen Pre



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