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

t No. 113 in Duba-Yurt. On 9 June 2002, when V. was in Belgatoy, he received information that a white VAZ 21061 car had been stopped at checkpoint No. 113 and that the five men in it had been apprehended. According to the Shatoy District Department of the Federal Security Service (FSB), a search had been conducted for the car. V. was informed that the car and the men had been taken away by servicemen of the special unit of the Interior Ministry troops deployed in Urus-Martan who had been driving two APCs and a yellow Ural truck. A report concerning the events was submitted to the Shalinskiy Temporary Office of the Interior (VOVD). The order to conduct the "sweeping" operation in Duba-Yurt had been signed by the commander of the Shalinskiy District. Representatives of the military commanders' office were in charge of directing the operation.
15. According to the applicants, the apprehension was also witnessed by the following servicemen of the Duba-Yurt infantry company: Sergeant I.E., Sergeant-Major S.-M.Z. and Privates Sh.Yu., S.Ya., S.-S.Yu., S.-E.Yu. and S.-A.S.
16. Mr Suliman Malikov, Mr Adlan Khatuyev, Mr Aslan Khatuyev, Mr Sayd-Salu Akhmatov and Mr Mansur Ismailov have not been seen since.

2. The Government's account

17. On 4 June 2002 members of illegal armed groups attacked several buildings belonging to various State authorities in the village of Shatoy. As a result of the attacks two officers from the military commander's office and several officials of the VOVD received shotgun wounds.
18. On 9 June 2002 a special operation was conducted in the village of Duba-Yurt in the Shalinskiy District, adjacent to the Shatoy District. The operation was aimed at locating and apprehending members of illegal armed groups involved in the attacks on 4 June 2002.
19. On the same date at around 3 p.m. representatives of federal forces apprehended Mr Suliman Malikov, Mr Adlan Khatuyev, Mr Aslan Khatuyev, Mr Sayd-Salu Akhmatov and Mr Mansur Ismailov at the checkpoint on the southern outskirts of Duba-Yurt on suspicion of having been involved in the attacks of 4 June 2002. The above persons were travelling from the Shatoy District to their home village of Duba-Yurt in a white VAZ 2106 car with registration plates C 294 AT 06.
20. According to the Government, since the information concerning the applicants' relatives' involvement in the events of 4 June 2002 had not been confirmed, they were released on 10 June 2002 at around 4 p.m. The Government submitted no documents to this effect. The Government further stated that the whereabouts of the above persons following their release had not been established.

B. Search for Mr Suliman Malikov, Mr Adlan Khatuyev,
Mr Aslan Khatuyev, Mr Sayd-Salu Akhmatov and Mr Mansur
Ismailov, and investigation

1. Applicants' own enquiries

21. The applicants took certain steps of their own initiative to establish their relatives' whereabouts. They found out that the two APCs that had approached the checkpoint belonged to battalion No. 348 of the Ministry of the Interior troops deployed in Urus-Martan, headed by captain L. Major K. had driven the VAZ 21061 car away from the checkpoint and D., who was nicknamed "Boomerang", had driven the Ural truck. According to the information obtained by the applicants, their relatives had been taken initially to the battalion No. 348 headquarters, where they remained for two days.
22. The applicants transmitted this information to the Shalinskiy district prosecutor's office for verification. However, according to the applicants, the investigator ignored it and no investigative measures were taken.

2. Criminal investigation

23. The applicants thought at first that their relatives had been taken to the temporary d

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