Постановление Европейского суда по правам человека от 05.02.2009 «Дело Хайдаева и другие (Khaydayeva and others) против России» [англ.]

nt employment at the material time. Mr Sayd-Salu Akhmatov, following his father's death in 2001, was working on the restoration of his family's house, which had been destroyed. Mr Adlan Khatuyev was a student at the Grozny State Oil Institute.

A. Apprehension and subsequent disappearance
of Mr Suliman Malikov, Mr Adlan Khatuyev, Mr Aslan Khatuyev,
Mr Sayd-Salu Akhmatov and Mr Mansur Ismailov

1. The applicants' account

10. Mr Suliman Malikov, Mr Adlan Khatuyev, Mr Aslan Khatuyev, Mr Sayd-Salu Akhmatov and Mr Mansur Ismailov lived in Duba-Yurt, Shalinskiy District, in the Chechen Republic. On 9 June 2002 at 3 p.m. they were driving in a white VAZ 21061 car (ВАЗ 21061) through checkpoint No. 113 located in the south of Duba-Yurt. They were stopped at the checkpoint and apprehended by servicemen. After they had been apprehended a Ural truck and two armoured personnel carriers (APC) with licence plates "П-232" and "Ч-221" approached the checkpoint. Mr Suliman Malikov, Mr Adlan Khatuyev, Mr Aslan Khatuyev, Mr Sayd-Salu Akhmatov and Mr Mansur Ismailov were put in the Ural truck. When the fifth and seventh applicants saw that their sons had been apprehended and put in the truck, they got into the truck themselves and demanded that the servicemen tell them why they were taking away their sons. The servicemen pushed them out of the truck and drove it away, escorted by the two APCs.
11. The apprehension was witnessed by A.M., Z.M. and A.Sh., residents of Duba-Yurt. In their written statement of 30 November 2003 they submitted that on 9 June 2002 they had been working in an orchard close to checkpoint No. 113. A white VAZ car had driven towards the checkpoint. The servicemen approached the car and checked the identity papers of the people in it. Then the servicemen took the people into the checkpoint building and pulled their clothes over their heads. The youngest of them fell down on the ground. When the witnesses saw this, they approached the servicemen and asked what the people had done to be subjected to such treatment. The servicemen replied that they had received instructions from the town of Shatoy to check the car because it had darkened windows. Then an Ural truck and two APCs approached the checkpoint and the people who arrived took the applicants' relatives away. When two of the applicants tried to intervene, they were pushed away by the servicemen.
12. A., an engineer with the special police forces (OMON) unit of the Republic of Buryatiya, and V., deputy commander of the OMON unit of the Republic of Buryatiya, were questioned by the Prosecutor's Office of the Republic of Buryatiya on 30 January 2003.
13. A. submitted that on 9 June 2002 he had been on duty at checkpoint No. 113. At the time a "sweeping" operation (зачистка) was being conducted in Duba-Yurt. The servicemen of the special unit of Interior Ministry troops apprehended five men in a white VAZ 21061 car and put them in a yellow Ural truck. The servicemen were wearing masks. The most senior of them introduced himself, but A. could not remember his name. Since A. was in charge of the checkpoint, he asked whether he should make a report on the apprehension. The senior serviceman replied that, should any questions arise, their unit had been deployed in Urus-Martan, they had been conducting the "sweeping" operation in Duba-Yurt and had received information about the car in question. A. submitted that everything had happened very fast because relatives of the apprehended persons had appeared and threatened the servicemen, as they thought that the servicemen in charge of the checkpoint were taking away their sons.
14. V. submitted that from April to October 2002 he had served as commander of a joint unit in the Chechen Republic. The unit had been deployed at the temporary deployment point in Belgatoy and served at the checkpoin

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