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





k after the events. "Galina" had told her that after the four women had left, the servicemen had driven her, Usman Mavluyev and the young man in the direction of Urus-Martan. "Galina" had submitted that the two men had bags on their heads. She had unsuccessfully pleaded with the servicemen to release them. The servicemen had dropped "Galina" off at the Alkhan-Kala settlement and taken the two men to an unknown destination. Ms S. submitted that she knew where "Galina" lived and could identify her.
125. On 29 July 2009 witness "Galina" was questioned. She related that on 8 January 2000 she had left Grozny together with Mr Ta. and Mr E. They had arrived at the Chernorechye checkpoint at about 9 a.m. There had been a large number of civilians. By the end of the day, many of them had gone. "Galina" recalled that only Mr Ta., Mr E., two other men and a woman had remained waiting. Between 5 and 7 p.m. she had noticed an APC arrive. She had not seen the number plate. Four masked servicemen wearing camouflage uniforms had got out of the APC. One of them had checked "Galina"'s, Mr Ta.'s, Mr E.'s and the other woman's passports and after ten or fifteen minutes had handed them back. Thereafter another two servicemen had put bags on the heads of the two men and put them into the APC. The servicemen had pointed guns in their direction, without using violence against them. The servicemen had offered "Galina", Mr Ta., Mr E. and the other woman a lift in the same APC. They had dropped the four of them off on the Rostov - Baku road in the vicinity of the village of Goyty, promising to release the two men after an identity check. Thereafter the servicemen had driven in the direction of the village of Mesker-Yurt.
126. Mr Ta., questioned on 4 August 2009, confirmed the statements given by the witness "Galina". He added that Ms U. had also accompanied them from Grozny to the village of Goyty. He did not remember whether the woman whom they had met in Chernorechye had been with them in the APC.
127. Mr E., questioned on 28 August 2009, corroborated "Galina"'s and Mr Ta.'s statements. He submitted that Ms U., who had accompanied them from Grozny to Goyty, had died some two years before. He also stated that, apart from him, the APS had transported "Galina", Ms U., Mr Ta. and the two men. No other women had been present.
128. On 8 June 2004 the investigation had questioned Mr M., Usman Mavluyev's brother. He gave a similar account of the events to that given by the tenth applicant on 16 and 18 April 2004. He added that Usman Mavluyev had not been involved in military action in Chechnya and had no enemies.
129. On 28 July 2009 Mr M. was questioned again. He gave some new details concerning his brother's disappearance. He submitted in particular that on 8 January 2000 the 15th regiment of the internal troops of the Russian Ministry of the Interior had been on duty at the Chernorechye checkpoint. In the spring of 2001 Mr M. had found out that between April and July 2000 his brother had been detained in cell No. 161 of the remand prison at 56 Zhelyabova Street in Voronezh. His inmate, Mr To., had told Mr M. that Usman Mavluyev had previously been detained in Pyatigorsk, in the Stavropol Region. Mr M. provided the investigator with Mr To.'s contact details and those of the family of the second disappeared person, whom he had referred to as Mr Sh. and not Mr V. as submitted by the tenth applicant. Mr M. lastly specified that the Mavluyevs' family had submitted requests for information to the detention facilities of Pyatigorsk and Voronezh but this had not yielded tangible results.
130. On 29 May and on 16 September 2009 the investigation questioned Mr Sh.'s sister. She had heard about Mr Sh.'s disappearance from eyewitnesses whose names she did not recall. Mr Sh.'s family had never requested the prosecuting authorities to investigate



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