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

r /> 11. The servicemen demanded identity documents. One of them ordered the applicant and her sons to get dressed and took Bekkhan and Aslanbek Alaudinov outside. Meanwhile, the other servicemen conducted a search of the applicant's house and yard.
12. The serviceman took Bekkhan and Aslanbek Alaudinov to their uncle's house, which was situated nearby. When the Alaudinov brothers walked into the yard they saw a large group of servicemen. One of the officers pointed at Aslanbek Alaudinov and said "this is the Bearded Aslanbek" (Бородатый Асланбек). Aslanbek Alaudinov denied that and said that the man known as "the Bearded Aslanbek", an active member of illegal armed groups, had used to live in the neighbourhood, but had left the place some time ago. Then the servicemen left Aslanbek in his uncle's yard and one of them took Bekkhan Alaudinov back to his house.
13. Back at the house Bekkhan Alaudinov was asked to provide his passport. When the applicant handed over his passport, the serviceman took the document along with the money he found in it. The serviceman took Bekkhan Alaudinov outside. When the applicant attempted to follow them, the officer threatened to shoot her. In spite of that the applicant followed her son.
14. On the road, about a hundred metres away from the house, the applicant saw two military URAL lorries, a military UAZ car ("таблетка") and a VAZ 2121 car ("Нива"). When the applicant approached the vehicles she saw the servicemen putting her son in one of the URAL vehicles. When the applicant called her son's name, the servicemen opened gunfire over her head. The applicant had to hide in a ditch. After that the soldiers got into the vehicles and drove away in the direction of the town centre.
15. A few minutes later Aslanbek Alaudinov found his mother and they returned home. Upon arrival at their house, about ten to fifteen minutes later, they heard the sound of gunshots. The applicant decided to go to the town centre to find out whether the military vehicles she had seen were parked next to the buildings of local law enforcement agencies.
16. On her way to the centre the applicant was stopped by representatives of the Urus-Martan district department of the interior (the ROVD). They ordered the applicant to return home due to the curfew and walked her back to the house.
17. At some point after the events the applicant's neighbours told her that on the night of 8 November 2001 several other residents of Urus-Martan had been apprehended and that one of them had been killed during the apprehension.
18. On 11 November 2001 the applicant and her son Aslanbek saw the Russian officer who had participated in the abduction of Bekkhan Alaudinov. The applicant tried to stop him, but he went into the building of the local military commander's office. The applicant waited for him at the entrance to the building for several hours, but the officer did not come out.
19. In support of her submissions, the applicant provided the following witness accounts: a statement by the applicant dated 27 July 2007; a statement by Mr A.A. dated 2 July 2007; a statement by Ms Ya.A. dated 28 June 2007; a statement by Ms K.M. dated 27 June 2007; a statement by Ms Kh.M. dated 27 June 2007 and a statement by Ms R.M. dated 27 June 2007.

2. Information submitted by the Government

20. The Government did not challenge most of the facts as presented by the applicant. According to the Urus-Martan district prosecutor' office "at about 4.20 a.m. on 8 November 2001 unidentified persons in camouflage uniform armed with automatic weapons entered the house at 30 Proletarskaya Street in Urus-Martan, kidnapped Bekkhan Vakhayevich Alaudinov, who was born in 1976, and took him away in an unknown direction".

B. The search for Bekkhan Alaudinov and the investigation

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