Постановление Европейского суда по правам человека от 12.05.2010 «Дело Шахабова (Shakhabova) против России» [англ.]

ourse of both the domestic and Strasbourg proceedings. As to their submission that there had been no witnesses to the abduction, it is noted that the Government did not dispute that Adam Khurayev was present in M.M.'s household when a group of armed men had burst into her household at about 10 p.m. on 23 November 2002. Having regard to the materials available to it, the Court considers that the applicant and M.M. had reasonable grounds to assume that the armed men who had broken into M.M.'s house had taken away Adam Khurayev and had driven away in the vehicles whose noise M.M. had heard and which had been described to her by A.M. as an APC and two UAZ vehicles (see, mutatis mutandis, Abdurzakova and Abdurzakov v. Russia, No. 35080/04, § 91, 15 January 2009). In any event, the Government offered no explanation whatsoever as to what had happened to Adam Khurayev after the armed men had broken into M.M.'s house.
97. The Court also notes that in her applications to the authorities the applicant consistently maintained that Adam Khurayev had been detained by unidentified servicemen, and requested the investigating authorities to look into that possibility. It further notes that after more than five years the domestic investigation has produced no tangible results.
98. The Court reiterates that where an applicant makes out a prima facie case and the Court is prevented from reaching factual conclusions owing to a lack of documents, it is for the Government to argue conclusively why the documents in question cannot serve to corroborate the allegations made by the applicant, or to provide a satisfactory and convincing explanation of how the events in question occurred. The burden of proof is thus shifted to the Government, and if they fail in their arguments issues will arise under Article 2 and/or Article 3 (see {Togcu} v. Turkey, No. 27601/95, § 95, 31 May 2005, and Akkum and Others v. Turkey, No. 21894/93, § 211, ECHR 2005-II).
99. Taking into account the above elements, the Court is satisfied that the applicant has made out a prima facie case that her son was detained by State servicemen. The Government's statement that the investigation did not find any evidence to support the theory that the special forces were involved in the abduction is insufficient to discharge them from the above-mentioned burden of proof. Drawing inferences from the Government's failure to submit the documents which were in their exclusive possession or to provide a plausible explanation of the events in question, the Court finds it established that Adam Khurayev was abducted on 23 November 2002 at M.M.'s home in Urus-Martan by State servicemen during an unacknowledged security operation.
100. The Court further notes that there has been no reliable news of Adam Khurayev since November 2002. His name has not been found in the official records of any detention facilities. Finally, the Government have not submitted any explanation as to what happened to him after his abduction.
101. Having regard to the previous cases concerning disappearances in Chechnya which have come before it (see, among others, Bazorkina, cited above; Imakayeva, cited above; Luluyev and Others v. Russia, No. 69480/01, ECHR 2006-XIII (extracts); Baysayeva v. Russia, No. 74237/01, 5 April 2007; Akhmadova and Sadulayeva, cited above; and Alikhadzhiyeva v. Russia, No. 68007/01, 5 July 2007), the Court finds that in the context of the conflict in the Republic, when a person is detained by unidentified servicemen without any subsequent acknowledgment of the detention, this can be regarded as life-threatening. The absence of Adam Khurayev or of any news of him for over five years supports this assumption.
102. Accordingly, the Court finds that the evidence available permits it to establish to the requisite standard of proof that Adam Khurayev was abducted on 23 November 2002 by State servicemen and that he



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