Постановление Европейского суда по правам человека от 22.01.2009 «Дело Самбиев и Покаева (Sambiyev and Pokayeva) против России» [англ.]

n she refused, they forced her into the yard. At that moment she heard shooting.
8. The second applicant was not allowed to enter her house for approximately half an hour while the servicemen were inside. She went into her neighbours' yard. While she remained there she heard the neighbours' children, who managed to see something through the fence, saying: "They killed someone, they are dragging someone".
9. When the servicemen left, the second applicant returned home and found that everything had been thrown around the house. She noticed that they had taken the first applicant's passport, driving licence, medical certificate and a car certificate.
10. In the morning the next day the applicants went to the head of the village administration and told him about the events of the previous evening. At the same time a body was found on the outskirts of the village of Prigorodnoye, which was identified as Mr Anzor Sambiyev. At approximately 10 a.m. his body was brought to Stariye Atagi and buried. He had a large wound near his heart, his arm was broken and there was a bullet mark on his watch.

2. The Government's account

11. According to the Government, on 10 April 2004 at around 9 p.m. unidentified men wearing camouflage uniform and masks, and armed with automatic weapons, approached the house at 91 Nasrudilova Street in Stariye Atagi in an Ural vehicle. Mr Anzor Sambiyev, who was inside the house, jumped out of the window, and his mother, the second applicant, did not want to leave the house but was forced to by the armed men. After a short time she heard shooting and went out to the yard, where one of her neighbours told her that Mr Anzor Sambiyev had been taken away in the Ural vehicle. The neighbours also told her that they had seen two APCs.
12. On 11 April 2004 at around 9 a.m. the body of Mr Anzor Sambiyev, showing signs of having died a violent death, was found on the left-hand side of the Grozny - Shatoy road in the direction of Shatoy within 20 metres of the turning to the village of Prigorodnoye in the Grozny District.

B. Official investigation

13. On 11 April 2004 the Grozny District Prosecutor's Office opened criminal investigation No. 34046 into Mr Anzor Sambiyev's abduction and murder.
14. During an inspection of the place where the body had been found, conducted on the same date, a cartridge case of 5.45 mm calibre was found under the body. According to the report No. 526/K of the forensic ballistic examination conducted on 9 May 2004, the cartridge could have been fired either from a Kalashnikov assault rifle or from a Kalashnikov light machine gun.
15. On 13 and 19 April 2004 the applicants applied to the head of the Grozny District Police Department, the Grozny District Prosecutor's Office, the head of the village administration and the internal passport authority (паспортный стол) with a description of the circumstances leading to the death of Mr Anzor Sambiyev. They sought the identification and punishment of those responsible for their son's murder and the return of the documents stolen from their house during the search.
16. The forensic report No. 156 of 6 May 2004 recorded the following injuries on Mr Anzor Sambiyev's body: two perforating bullet wounds to the chest and stomach and two perforating bullet wounds to the right forearm. The report described the perforating bullet wounds to the chest and stomach as life-threatening and said that death could have been caused by either of them. The report No. 156 was drawn up on the basis of a previous report of an examination of the body on 11 April 2004.
17. On 15 May 2004, during an inspection of their house, a cartridge case of 5.45 mm calibre was found in their garden. According to the report No. 580/K of the forensic ballistic examination conducted on 22

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