Постановление Европейского суда по правам человека от 22.07.2010 <Дело Бенуева и другие (Benuyeva and others) против России» [англ.]

ed and thus there was no evidence that they were no longer alive.
87. The Government further observed that camouflage uniforms could have been freely purchased by criminals intending to be disguised as servicemen. The applicants had not noticed any insignia, which would necessarily be visible on the military uniforms. UAZ vehicles with aerials could be used by civilians. A considerable number of weapons had been seized by members of illegal armed groups in the course of battles with the federal military. The fact that the perpetrators had had Slavic features and spoke Russian did not prove their attachment to the Russian military because groups of Ukrainian, Belarusian and ethnic Russian mercenaries had committed crimes in the territory of the Chechen Republic.
88. The applicants had made contradictory statements in the course of the investigation. For instance, the first applicant had claimed that she had not seen the vehicles' registration plates because it had been dark outside but that she had managed to see the dent on the vehicle and the aerial. Khas-Magomed Dzhanalayev had first stated that the armed men had not asked for his nephew's identity papers and later claimed that they had done so. He had also claimed initially that Abu Zhanalayev had been detained on his way to his uncle's house and then alleged that the missing man had been detained on his way home. There had been no other witnesses to Sayd-Selim Benuyev's kidnapping except for his relatives. Furthermore, the applicants had not reported the investigator's statement in which he had said that the two missing men were probably dead to the domestic investigative authorities and courts. Neither had they mentioned the military serviceman who had allegedly confirmed that the applicants' relatives had been taken away in the UAZ vehicles.
89. The investigators had sent numerous requests to various State agencies and checked all possible places of temporary detention. A number of witnesses had been questioned. In sum, the investigation into the kidnapping had been effective, although so far fruitless, and was ongoing.

2. The applicants

90. The applicants maintained their complaints.
91. They claimed that the inconsistencies in the witnesses' statements referred to by the Government were minor and that the investigators could have resolved them many years ago. They had not informed the investigators of the name of the military serviceman because it had been up to the prosecutor's office to question the servicemen and that the serviceman in question could have at risk of reprisals from other servicemen. The first applicant had seen the dent and the aerial because they had been lit by a torch while the registration plate had been in the dark.
92. The applicants further stated that their relatives' abductors had been able to drive through the military checkpoint in paramilitary vehicles during the curfew hours. Moreover, according to Khasmagomed Dzhanalayev, the armed men had asked questions concerning the killing of policemen, which, in the applicants' view, clearly indicated that they had been State agents.
93. The applicants further alleged that the investigations in case No. 61161 had been ineffective and futile.

B. The Court's assessment

1. Admissibility

94. The Court considers, in the light of the parties' submissions, that the complaint raises serious issues of fact and law under the Convention, the determination of which requires an examination of the merits. The Court has already found that the Government's objection concerning the alleged non-exhaustion of criminal domestic remedies should be joined to the merits of the complaint (see paragraph 83 above). The complaint under Article 2 of the Convention must therefore be declared admissib



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