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





May 2004, the cartridge could have been fired either from a Kalashnikov assault rifle or from a Kalashnikov light machine gun.
18. On 15 May 2004 the applicants were granted victim status in the criminal proceedings.
19. The second applicant was questioned on 15 May 2004, 15 May 2005 and 13 March 2008. She submitted that on 10 April 2004 she had been at home with her son, Mr Anzor Sambiyev. At approximately 9 p.m. he had said that "Russians" had come. She had told him to try to escape through their neighbours' garden, which he had tried to do, having jumped out of the window. Then she had gone out to the yard where there had been a lot of men in camouflage uniform and masks armed with automatic weapons. In the street, behind the gates, she had seen an Ural vehicle. At that moment she had heard shooting. She had tried to enter the house, but the armed men would not let her. After a while she had entered the neighbours' yard and somebody had told her that Anzor had been taken away in the Ural vehicle. At the back of the yard, within approximately 10 metres of the window out of which Mr Anzor Sambiyev had jumped she had noticed a spot of blood and traces of a body being dragged from the window to the place where the Ural vehicle had been parked.
20. The first applicant was questioned on 15 May 2004 and 13 March 2008. He submitted that on the date in question he had been away and had learned from the second applicant what had happened.
21. Mr S., a relative of the Sambiyevs, was questioned on 15 May 2004 and 29 February 2008. He stated that on 11 April 2004 at 7 a.m. he had left for Grozny and on the road, within six kilometres from Grozny, he had noticed a group of residents and a body lying on the edge of the road wrapped in polyethylene. After the residents had unwrapped the body, he had realised that it was his relative, Mr Anzor Sambiyev.
22. Mr A.S., Mr Anzor Sambiyev's uncle, was questioned on 15 May 2004 and 22 January 2005. He submitted that on 10 April 2004, while at home, he had heard shooting. In the evening of that day he had learned that men in camouflage uniform had abducted his nephew, whose body had been found the next day with multiple wounds.
23. The investigating authorities also questioned other residents of Stariye Atagi, in particular: Ms Ya.S. on 14 May 2004, Mr R.A. and Mr A.Ch. on 12 January 2005, Ms M.Ch., Mr M.A., Mr Z.D. and Mr I.Ch. on 16 January 2005, and Ms R.S. and Ms Z.Ch. on 22 January 2005. They all stated that they had seen a group of armed men arrive at the village in two APCs and two Ural vehicles. Otherwise their submissions had been identical to those of Mr A.S.
24. On 15 July 2004 the Grozny District Prosecutor's Office issued the applicants with the following certificate:
"...[O]n 11 April 2004 the Grozny District Prosecutor's Office instituted a criminal case No. 34046 ... in respect of the following fact[s]:
On 10 April 2004 at approximately 9 p.m. a group of persons wearing camouflage and masks and armed with automatic weapons and accompanied by two APCs and two "Ural" vehicles abducted Mr Anzor Sharpudinovich Pokayev, born in 1980, from his house at 91, Kh. Nuradilova Street in the village of Stariye Atagi, the Grozny District, the Chechen Republic.
On 11 April 2004 at approximately 9 a.m. on the left-hand side of the Grozny to Shatoy road, in the direction of Shatoy, within twenty metres from the turning to the village of Prigorodnoye, in the Grozny District, A.Sh. Pokayev's body was found. [The] body had multiple shotgun and stab wounds.
In the course of the preliminary investigation victim status was granted to the parents of A.Sh. Pokayev."
25. On 5 and 16 July 2004 and 2 November 2005 the SRJI applied, on behalf of the first applicant, in writing to the Grozny District Prosecutor's Office asking for information on the progress



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