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





nth applicant emphasised that she had started complaining to the authorities about her husband's abduction at the end of January 2000, when she had lodged applications with different authorities located in Gudermes, including the prosecutor's office, the FSB department and the Department of the Interior.
120. On 19 April 2004 Ms A.A. had been questioned as a witness. She submitted that on 8 January 2000 she had left Grozny together with Usman Mavluyev, Ms R.G., Ms L.G., a woman called "Khadizhat" and a young man. At 9 a.m. they had been stopped by servicemen at the Chernorechye checkpoint for a document inspection. Once the check had been completed, they had been told that a bus from the Ministry of Emergency Situations would soon bring them to Zakan-Yurt. Usman and the young man had been ordered to stay for a computerised identity check. The women had asked the servicemen to let the two men go; they had offered money to them. The women had been waiting for the bus for the next six hours but it had not come. The women had then gone to the Voykovo settlement. On the following day they had returned to the checkpoint and asked the servicemen to release the two men. A serviceman called "Igor" had told them that the men had been released the day before. He was wearing a chevron embroidered "VV MVD RF" (the abbreviation for Internal Troops of the Ministry of the Interior of the Russian Federation). Ms A.A. recalled that "Igor" had been among the servicemen who had stopped them for a document inspection on 8 January 2000. On 11 January 2000 Ms A.A. had gone to Zakan-Yurt, where she had related the events to the tenth applicant. Ms A.A. also provided a detailed physical description of "Igor" and the tenth applicant's husband, as well as of the clothes they had been wearing that day.
121. With reference to Ms Z.A.'s written statements of 5 September 2006 appended to the tenth applicant's application to the Court, the Government submitted that it bore the signature of Ms Z.A., and not that of A.A. They also questioned the credibility and veracity of Ms Z.A.'s written statements since they contrasted with the statements given by Ms A.A. as a witness on 16 and 19 April 2004. Ms Z.A. in particular testified that once apprehended, Usman Mavluyev and the young man had had their hands tied by the servicemen, who had then put bags on their heads and dragged them to an APC. As Usman Mavluyev had been reluctant to go, the servicemen had hit him with the butt of an assault rifle and forced the two men into the APC.
122. On 21 October 2009 Ms A.A. was questioned again. Contrary to her previous submissions, she stated that on 8 January 2000 she had not noticed any details of the servicemen's clothes or any specific names they had used between themselves. Neither had she recalled whether the servicemen had put something on Usman Mavluyev's and the young man's heads or whether the servicemen had used violence against them, including while getting them into the APC. Ms A.A. finally communicated "Khadizhat"'s address to the investigator.
123. On 15 May and 25 May 2004 respectively the investigation questioned witnesses Ms L.G. and Ms R.G. Their statements corroborated those of Ms A.A. given on 16 and 19 April 2004.
124. On 1 June 2004 the investigation questioned Ms S., who had been trying to leave Grozny on 8 January 2000 together with Usman Mavluyev, the young man, Ms A.A., Ms L.G. and Ms R.G. She noted that at the Chernorechye checkpoint they had met an elderly woman called "Galina", who had arrived there before them. At around 3 p.m. four servicemen had asked Usman Mavluyev and the young man to show their passports. The servicemen had promised to release the two men as soon as they checked the computer database. Shortly afterwards the four women had gone home, whereas "Galina" had remained there together with the two men. Ms S. had met "Galina" a wee



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