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Постановление Европейского суда по правам человека от 09.04.2009 «Дело Малсагова и другие (Malsagova and others) против России» [англ.]





flage uniforms forcibly entered the Malsagovs' house. They were armed with machine guns and sniper rifles with optical sights; they spoke Russian without accent. The armed men did not identify themselves but the applicants inferred that they belonged to the Russian military. The servicemen did not produce any documents to justify their actions and gave no explanations.
10. The first applicant was sleeping in one room with her two granddaughters aged seven and nine and the fourth applicant. In another room Saydi Malsagov was sleeping with his wife, Ms S. The seventh applicant and his father Mayrsolt Malsagov (who died in October 2003) were sleeping in the third room.
11. The first and the fourth applicants were awakened by a group of servicemen who walked into their room, turned on the lights and ordered them to remain in bed and not to move. Two men searched the wardrobes in the room while the third stood at the doors on guard. The servicemen did not talk to the women. Once they had finished searching, two servicemen left and went to the adjacent room where Saydi Malsagov and Ms S. were. In about ten minutes five or six servicemen again entered the room and walked up to the first applicant's bed. The two granddaughters of the first applicant were frightened and started to cry, and the first applicant asked the soldiers not to hurt the children. The soldiers told her that they were there just to check. Then they left the room and closed the door from the outside.
12. Five minutes later the seventh applicant and his father entered the women's room. Together they went into Saydi Malsagov's room. There they saw his wife who was sitting on the floor by her bed and crying. Belongings and beds had been thrown around. Ms S. said that the military had taken her husband away. They also took audio and videotapes, some papers and Saydi Malsagov's medical record.
13. The seventh applicant stated that on 7 November 2002 at about 2.30 a.m. five men in camouflage or black uniforms armed with machine guns had entered the room where he and his father were sleeping and asked for his passport. The seventh applicant was ordered to lie on the floor. One of the servicemen read out his full name and the seventh applicant confirmed that it was him. Then the servicemen searched the rooms without saying what they were looking for and left in about ten minutes. They told the seventh applicant to remain on the floor and not to move. The seventh applicant heard them break down the door to the next room. About five minutes later three men entered the room and again asked the applicant for an identity document. The seventh applicant replied that his passport had already been checked and the men left without saying anything. After about fifteen minutes he heard the servicemen leaving. Once it was quiet, he went into the main house and saw his mother and sister. Together they went into his brother's room and his wife told them that Saydi Malsagov had been taken away. The seventh applicant went into the courtyard and then into the street, but did not see anyone; there was not even any noise of vehicles.
14. Ms S. stated that the servicemen had entered their room and ordered them to lie still. Then they told Saydi Malsagov to stand up and get dressed. He was permitted to put on his shoes and a jacket, and then the servicemen escorted him out of the room, taking along his documents and some items from the room. They did not explain anything and did not answer any questions.
15. The applicants submitted a statement by their neighbour Ms Sh. On 7 November 2002 at about 3 a.m. she heard the dogs barking and looked out of the window at the street. She saw a line of armed people walking in the street from the Malsagovs' house towards Magomed-Merzoyeva Street. There were about ten of them, wearing camouflage uniforms and masks. Then everything went quiet. In the morning the w



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