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





e remaining eight into the APC. The eight were taken to the headquarters of the Russian Armed Forces in the North Caucasus in Khankala. During the following two days, six of the men were released, after having been reportedly subjected to torture and ill-treatment while being questioned about their alleged contacts with Chechen fighters. Adlan Dovtaev and Shaprudi Israilov were not released and have since "disappeared"."

B. Official investigation into the disappearance
of Adlan Dovtayev and Sharpuddin Israilov

1. The applicants' account

29. Immediately after the abduction of Adlan Dovtayev and Sharpuddin Israilov their relatives verbally reported the incident to the authorities.
30. On 2 January 2003 Aldan Dovtayev's uncle, Mr M.D., wrote to the head of Operational and Search Bureau No. 2 of the Main Department of the Russian Ministry of the Interior for the Southern Federal Circuit (ОРБ N 2 ГУ МВД России по ЮФО, hereinafter "the ORB-2") and to the head of the Department of the Federal Security Service for the Chechen Republic ("the Chechen FSB") asking for assistance in the search for his nephew. On 12 January 2003 the Chechen FSB forwarded his letter to the military prosecutor's office of the United Group Alignment ("the UGA prosecutor's office").
31. The relatives of Adlan Dovtayev and Sharpuddin Israilov continued to search for the two missing men and requested assistance in establishing their whereabouts from numerous official bodies, such as the Administration of the Chechen Republic, the Russian Ombudsman, the Russian State Duma, the Russian President and the prosecutors' offices at different levels. The applicants submitted a number of copies of such applications signed by the first, second and eighth applicants, as well as by M.D. Names of other applicants do not appear in any requests to official bodies. In their efforts the first and eighth applicants were assisted by the SRJI. The first, second and eighth applicants also contacted various penitentiary institutions enquiring about their relatives, but to no avail.
32. On 4 January 2003 the prosecutor's office of the city of Grozny ("the city prosecutor's office") instituted an investigation into Adlan Dovtayev and Sharpuddin Israilov's disappearance and the theft of their cars under Article 126 § 2 (aggravated kidnapping) and Article 162 § 2 (aggravated violent robbery) of the Russian Criminal Code. The case file was given the number 30002.
33. On 4 January 2003 human remains were discovered near the Grozny - Argun road. On the same date the military prosecutor's office of military unit No. 20102 ("the unit prosecutor's office") instituted an investigation into the murder of an unidentified person under Article 105 § 1 of the Russian Criminal Code. The case file was assigned the number 34/33/0008-03.
34. On 4 January 2003 an officer of the district department of the interior acting on an assignment received from an investigator of the prosecutor's office of the Grozny District ("the district prosecutor's office") questioned M.A. and drew up two reports: an explanation and an interview record. In both documents a detailed description of the circumstances of abduction was given. M.A. stated that within a distance of some 500 metres from check-point No. 18 armed men in an APC had fired at the VAZ-2103 car. M.A. and R.Ya. had been wounded. Later M.A. and other men had been put into the APC together with five other persons. When the APC stopped, the abducted men had been placed inside "an iron booth". It had been very cold inside and the detainees had heard helicopters flying; someone had said they were at the Khankala base.
35. The period of the detention was described in the two reports more succinctly and the account given was slightly different. For instance, the explanation re



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