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Постановление Европейского суда по правам человека от 05.02.2009 «Дело Идалова и Идалов (Idalova and Idalov) против России» [англ.]





The first applicant inferred that the men belonged to the Russian military.
11. The servicemen started breaking the entrance door and windows. The first applicant asked them why they were doing so. In reply the servicemen shouted at her and forced her to enter the house.
12. Meanwhile five or six servicemen broke into the house without producing any documents or search warrants. The first applicant saw the faces of two unmasked servicemen who had Slavic features; they spoke Russian without an accent. The servicemen hit the second applicant, tied his arms behind his back, forced him to the floor and pointed a machine gun at him.
13. Marvan Idalov was studying when the servicemen entered his room. They tied his arms, put a sack on his head and took him to the street. It appears that they then put Marvan Idalov in one of the vehicles parked at the house and left. Some neighbours submitted that the vehicles drove away in the direction of the base of military unit No. 24.

2. Information submitted by the Government

14. According to the decision of the district prosecutor's office of 20 December 2004 to grant the second applicant victim status in criminal case No. 44034, on 22 November 2002 at least ten unidentified armed men wearing camouflage uniforms and masks travelling in an APC, an IBV and a lorry with an anti-aircraft gun on it unlawfully entered the applicants' house, kidnapped Marvan Idalov and took him away to an unknown destination.

B. The search for Marvan Idalov and the investigation

1. The applicants' account

15. Immediately after their son's abduction the applicants requested information on his whereabouts from the head of special military unit No. 24, Mr K., who replied that the military servicemen under his command had not carried out any special operations in the morning of 22 November 2002 and had not apprehended Marvan Idalov.
16. The applicants continued searching for their son. They applied to various official bodies, such as the prosecutors' offices at different levels, the departments of the interior, the Administration of the Chechen Republic, the Russian State Duma and the Special Envoy of the Russian President in the Chechen Republic for Rights and Freedoms, asking to help them to find Marvan Idalov. In their efforts the applicants were assisted by the SRJI. It appears that those complaints were futile.
17. On 26 February 2003 the first applicant complained about her son's disappearance to the military prosecutor's office of the United Group Alignment ("the UGA prosecutor's office").
18. On 27 March 2003 the military prosecutor's office of military unit No. 20116 ("the prosecutor's office of unit No. 20116") sent a letter to the UGA prosecutor's office and the first applicant concerning Marvan Idalov's disappearance. The copy of the letter submitted to the Court is illegible.
19. On 31 March 2003 the prosecutor's office of unit No. 20116 sent a letter to the UGA prosecutor's office and the second applicant concerning Marvan Idalov's disappearance. The copy of the letter submitted to the Court is illegible.
20. On 3 April 2003 the prosecutor's office of the Chechen Republic forwarded the first applicant's complaint about her son's disappearance to the prosecutor's office of the Kurchaloy District of the Chechen Republic ("the district prosecutor's office").
21. On 27 May 2003 the district prosecutor's office invited the first applicant to send her queries concerning her son's kidnapping to the prosecutor's office of unit No. 20116.
22. On 5 November 2003 the UGA prosecutor's office informed the first applicant that an inquiry into her son's alleged kidnapping by unidentified military



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