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Постановление Европейского суда по правам человека от 17.06.2010 «Дело Батаев и другие (Batayev and others) против России» [англ.]





istricts. The Government insisted that no copies of those documents had been produced by the tenth applicant. They referred to information provided by the Ministry of the Interior on 15 April 2004, according to which from 2000 to 2003 no applications in connection with Usman Mavluyev's disappearance had been registered. They also appended a letter from the Achkhoy-Martan district FSB department dated 11 August 2009, which stated that it was unable to establish whether the applicant had lodged such an application in 2000 because the relevant archives had been destroyed following the expiry of their storage limit.
113. The Government also challenged the authenticity of the certificate issued by the Chechnya FSB department on 6 June 2000, which stated that in January 2000 the tenth applicant had applied to the FSB district department in Achkhoy-Martan in connection with her husband's disappearance. The Government pointed out that the certificate was written on plain paper and did not contain information as to the name and surname of the issuing officer. If the tenth applicant had really submitted such an application, it would have been transferred to the competent authorities for a check.
114. The Government thus submitted that the tenth applicant had first filed a written request for the institution of criminal proceedings on 16 April 2004. On the same day the Zavodskoy ROVD of Grozny forwarded her application to the Zavodskoy district prosecutor's office. Thereafter the district prosecutor's office instituted criminal investigation No. 31036 into Usman Mavluyev's abduction under Article 126 § 2 of the Russian Criminal Code ("aggravated kidnapping").
115. On 16 April 2004 the tenth applicant and Ms A.A., also referred to by the applicant as Ms Z.A., submitted written statements as witnesses. The Government provided copies of the transcripts.
116. The tenth applicant testified that in autumn 1999, during the counter-terrorist operation in Chechnya, she had lived with her husband at 81 Zabolotnogo Street in Grozny. On 20 October 1999, when heavy bombing had started, they had moved to her parents to the Achkhoy-Martan district. On 4 January 2000 Usman Mavluyev had gone to Grozny in order to check their dwellings. On 10 January 2000 Ms Z.A. had visited the tenth applicant's family in Zakan-Yurt. She had told the applicant that on 8 January 2000 Usman Mavluyev and herself had left Grozny for Zakan-Yurt on foot. Servicemen had stopped them at the Chernorechye checkpoint for a document check. Once the check had been completed, they had let Ms Z.A. go but retained the tenth applicant's husband.
117. Ms A.A. submitted that she had been the Mavluyevs' neighbour in the Voykovo settlement in Grozny before the military operations had started in Chechnya. On 8 January 2000 she had walked through the humanitarian corridor from Grozny together with Usman Mavluyev. At the checkpoint in Chernorechye they had been stopped for a document check by servicemen. Ms A.A. had shown her passport. Usman had been arrested. She and the other women had waited for Usman. Some time later a serviceman had told the women to return to Grozny and threatened to open fire if they did not. In panic, Ms A.A. and the other women had left the place.
118. On 18 April 2004 the tenth applicant was granted victim status in the criminal proceedings. Questioned as a victim on 18 April 2004 and on 1 December 2006, she provided the same description of the events as in her submissions given on 16 April 2004.
119. The tenth applicant was further questioned on 28 July 2009. She clarified that Ms A.A. had informed her of her husband's abduction. She submitted that a twenty-year-old man called "Arbi" had been detained together with her husband. Both of them had had bags put on their heads, and, flailed with a rifle butt, had been forced into an APC and taken away. The te



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