Постановление Европейского суда по правам человека от 02.04.2009 «Дело Сайдалиева и другие (Saydaliyeva and others) против России» [англ.]

it. Some of them entered the house and searched it without producing any warrant. They examined the dead body prepared for the funeral and explained that they had been instructed to check everything.
10. The servicemen shouted at the applicants and asked them where "their one-legged man" was. Then they lined all the men present against a wall and checked their identity papers.
11. In the meantime Vakha Saydaliyev returned home and entered the courtyard. The servicemen told him that they would take him to the military commander's office for questioning but did not produce any documents. Vakha Saydaliyev did not offer any resistance and got into the Ural vehicle.
12. The applicants and Luisa Saydaliyeva begged the servicemen not to take Vakha Saydaliyev away. In reply, the servicemen shouted at the women; one of them hit Luisa Saydaliyeva with a machine gun butt. Then the vehicles drove away.
(b) Information obtained by the applicants from third persons
13. On 16 April 2002 armed men, allegedly Russian servicemen, detained the Saydaliyevs' neighbour, Mr Kh. On 17 or 18 April 2002 he was released and returned home. Mr Kh. told the applicants that he had seen Vakha Saydaliyev in the premises of the military commander's office in the village of Avtury, the Shali District, in the Chechen Republic. However, he refused to provide more information on his arrest and detention or to make an official statement. Later he left the village of Serzhen-Yurt.
14. In spring 2004 two unknown men visited Vakha Saydaliyev's relatives and told them that for a year they had been kept in a detention facility in Stavropol and had shared a cell with Vakha Saydaliyev. They had no further information on his fate.

2. Information submitted by the Government

15. At about 2 p.m. on 16 April 2002 unidentified persons in camouflage uniforms armed with machine guns kidnapped Vakha Saydaliyev from the house at 50 Sharipov Street, the village of Serzhen-Yurt.

B. The search for Vakha Saydaliyev and the investigation

1. The applicants' account

16. Immediately after Vakha Saydaliyev's abduction the first and second applicants asked the head of the local administration to help find their relative, but in vain.
17. Starting from 16 April 2002 the first and second applicants tried to establish Vakha Saydaliyev's whereabouts. They applied to various official bodies, such as prosecutors' offices at different levels, the Russian President, the Speaker of the Russian State Duma, the Administration of the Chechen Republic, the head of the Federal Security Service ("the FSB") and the military commander's office of the Shali District of the Chechen Republic requesting to help them to find their relative. The applicants were assisted in their efforts by the SRJI.
18. On 18 May 2002 the military prosecutor's office of military unit No. 20116 ("the unit prosecutor's office") forwarded the first applicant's complaint about her son's abduction to the prosecutor's office of the Chechen Republic and noted that there was no "objective proof of guilt of the United Group Alignment military servicemen" in the crime.
19. On 14 June 2002 the prosecutor's office of the Chechen Republic forwarded the first applicant's complaint about her son's arrest by "unidentified persons" to the prosecutor's office of the Shali District ("the district prosecutor's office").
20. On 6 August 2002 the district prosecutor's office instituted an investigation into the disappearance of Vakha Saydaliyev under Article 126 § 2 of the Russian Criminal Code (aggravated kidnapping). The case file was given the number 59186.
21. On 23 September 2002 the district prosecutor's office granted the first ap

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