Постановление Европейского суда по правам человека от 22.04.2010 «Дело Тупчиева (Tupchiyeva) против России» [англ.]

at they were Russian military servicemen.
10. The men split into two groups and went into the dwellings. Some of the soldiers remained on the street and ordered the neighbours to get back in their houses. The first group broke into the house where the applicant's son Mr R. Dzh. lived with his family. They took him outside and put him on the floor of the UAZ minivan. Mr R. Dzh. was shown to a man in the vehicle and then immediately released.
11. In another house the servicemen detained Vakhit Dzhabrailov and took him outside. They put him face down on the ground. Vakhit Dzhabrailov, who was suffering from tuberculosis, was not allowed to put on warm clothing. The applicant asked the soldiers where they were taking Vakhit, but did not receive any response. After that the soldiers put Vakhit in the UAZ minivan. Immediately afterwards one of the officers contacted someone via a portable radio and reported that they had taken someone. After that the vehicles drove away in the direction of the local mosque and the Shali district department of the interior (the ROVD).
12. The abduction of Vakhit Dzhabrailov was witnessed by a number of the applicant's relatives and neighbours. The applicant has had no news of Vakhit Dzhabrailov since the day of his abduction.
13. The description of the circumstances surrounding the disappearance of the applicant's son is based on the following documents: an account by the applicant dated 22 December 2003, an account by the applicant's neighbour Ms N.U. dated 12 December 2003, an account by the applicant's son Mr R.Dzh. dated 10 November 2005, accounts by the applicant's relatives Ms A.Al. and Ms S.T., both dated 10 November 2005, and an account by the applicant's neighbour Ms A.Ak. dated 17 November 2005.

2. Information submitted by the Government

14. The Government did not challenge most of the account presented by the applicant. According to their submission "...criminal case No. 22015 was opened by the Shali district prosecutor's office after Ms E. Tupchiyeva (Dzhabrailova) had complained that unidentified persons had abducted V. Dzhabrailov from 56 Kirova Street in Shali, Chechnya at about 10 a.m. on 3 January 2003..."

B. The search for Vakhit Dzhabrailov and the investigation

1. The applicant's account

15. In the morning of 3 January 2003 the applicant and her relatives started searching for Vakhit Dzhabrailov. They also contacted, both in person and in writing, various official bodies, such as the Russian President, the Envoy of the President of the Russian Federation for Ensuring Human Rights and Freedoms in the Chechen Republic, the Shali district administration, the Chechen administration, military commanders' offices and prosecutors' offices at different levels, describing in detail the circumstances of their relative's abduction and asking for help in establishing his whereabouts. The applicant retained copies of some of those letters and the authorities' replies and submitted them to the Court.
16. According to the applicant, at some point after the events one of the servicemen who had been on duty at the ROVD on the night of the abduction told her that on the night of 3 January 2003 the minivan with Vakhit Dzhabrailov had been driven up to the ROVD building and left shortly afterwards.
17. On 5 January 2003 the head of the Shali district administration forwarded the applicant's complaint about her son's abduction to the ROVD.
18. On 27 January 2003 the district prosecutor's office instituted an investigation into the disappearance of Vakhit Dzhabrailov under Article 126 § 2 of the Russian Criminal Code (aggravated kidnapping). The case file was given the number 22015. The applicant was informed about it on 1 July 2004.
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