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





his disappearance.
131. In November 2009 the investigation questioned Mr To.'s sister and a local police officer at Mr To.'s former place of residence in the Voronezh Region. They stated that Mr To. had moved to Voronezh some three or five years before. They had had no news of him thereafter.
132. The Government also submitted three testimonies by the Mavluyevs' neighbours in Grozny, collected in December 2006. Two of them denied having had any information about Usman Mavluyev's abduction. The third neighbour confirmed having heard about his disappearance from residents of the Voykovo settlement.
133. On 20 and 21 November 2009 the investigator asked Ms A.A., Mr Ta. and Mr E. to identify Mr Sh. on a photograph. Neither of the witnesses identified Mr Sh.
134. The investigation was unable to establish the whereabouts of other witnesses.
135. On 20 April 2004 an investigator had inspected the scene of the crime, namely a section of the Rostov-Baku road between the exit from Grozny and the entry to the village of Chernorechye.
136. In June 2004 Usman Mavluyev was described by the Zakan-Yurt police as a law-abiding person who had not taken part in illegal armed groups and had no "discrediting connections".
137. The Government stated that the investigating authorities had sent queries to various State bodies, asking them to provide information concerning Usman Mavluyev's apprehension, detention, any requests for medical assistance or any "discrediting" information about him, as well as information on the deployment of federal forces in Chernorechye on 8 January 2000. In their letters the prosecutor's office stated that "it has been established that on 8 January 2000 Usman Mavluyev was apprehended at the federal checkpoint in Chernorechye and then taken away". The Government produced copies of these requests and the replies to them, which can be summarised as follows.
138. In 2004 and in 2007 the military commanders of the Zavodskoy and Staropromyslovskiy districts of Grozny and of the Urus-Martan district stated that they had neither any "discrediting" information about Usman Mavluyev, including his alleged involvement in illegal armed groups, nor any information on the deployment of federal forces in Chernorechye in January 2000. Similar replies were received from the Special Unit on Counter-terrorist Operations in the Northern Caucasus.
139. In June and July 2004, January 2007 and August 2009 the Chechnya FSB department stated that that it had no information about Usman Mavluyev's whereabouts and his alleged involvement in illegal armed groups. The office also submitted that no special operation had been carried out in Chernorechye on 8 January 2000 and that it had been unable to establish which federal units had been deployed there. In September, October and November 2009 the Ministry of the Interior, the Ministry of Defence, the FSB Headquarters and the Federal Penitentiary Service replied that a search of their archives had revealed no information about the deployment of military units in Chernorechye in January 2000, any special operation conducted by "power structures" (силовые структуры) in the Zavodskoy District of Grozny or any servicemen who could have participated in Usman Mavluyev's abduction.
140. The investigating authorities were unable to establish the whereabouts of Usman Mavluyev. In June and July 2004, January 2007 and August 2009 the Chechnya FSB department had informed the investigators that it had no information relevant to the case. FSB departments in the Southern Federal Circuit produced similar replies. The local bodies of the Ministry of the Interior and the prosecutor's offices had never detained Usman Mavluyev on criminal or administrative charges and had not carried out any criminal investigation in respect of him. A number of operational-search measures had be



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