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Постановление Европейского суда по правам человека от 08.04.2010 «Дело Тасатаевы (Tasatayevy) против России» [англ.]





e night of the abduction groups of military servicemen had also broken into the houses of their neighbours, the families of Kh. and G. In one of the houses, one of the intruders had taken off his mask; he was of Slavic appearance.
15. Later in the morning the applicants and their relatives spoke with the local residents who had manned the residential guard posts the night before. According to the applicants' neighbours, Mr R.D. and Mr I., who had stood watch at the mosque, on the night of the abduction a group of military servicemen had arrived there and ordered them to stay inside the mosque, threatening to shoot if they went outside. At the other post one of the applicants' neighbours, Mr U.M., who had been on duty during the abduction, told the applicants that the night before a group of military servicemen had arrived at the post, pulled his and other men's hats down over their faces and ordered everyone to get down on the ground and not to move. After that the military servicemen had gone away, leaving one soldier to guard the watchmen. According to Mr U.M., he had seen the abductors' UAZ car driving in the direction of the town centre.
16. On the same day, 1 June 2001, during their visit to the military commander's office, the second applicant and her son Mr A.T. saw the sniffer dog used by the abductors there.
17. About two or three days after the abduction the applicants spoke with the head of the Urus-Martan town administration, Mr S.G., who informed them that Aslan and Aslanbek Tasatayev were detained in the military commander's office and that he would try to expedite their release. However, a couple of days later the official told the applicants that he had been mistaken.
18. The applicants have had no news of Aslan and Aslanbek Tasatayev since the night of the abduction.
19. In support of their statements the applicants submitted: a statement by the first applicant dated 8 September 2008; a statement by the second applicant dated 9 September 2008; a statement by the applicants' relative Mr A.T. dated 9 September 2008; a statement by the applicants' relative Ms Z.M. dated 2 September 2008; a statement by the applicants' neighbour Ms M.G. dated 19 September 2008; a statement by the applicants' neighbour Ms M.Kh. dated 19 September 2008 and copies of documents received from the authorities.

2. Information submitted by the Government

20. The Government did not challenge most of the facts as presented by the applicants. According to their submission of 22 August 2008 "...the interim prosecutor of the Urus-Martan district opened criminal case No. 25088 in connection with the abduction of Aslan and Aslanbek Tasatayev by unidentified men..."

B. The search for Aslan and Aslanbek Tasatayev
and the investigation

1. Information submitted by the applicants

21. On 1 or 2 June 2001 the district police officer M.M. visited the applicants' household with two colleagues. They questioned some of their relatives and a neighbour. The officials did not conduct a crime scene examination during the visit.
22. On 8 July 2001 the district prosecutor's office instituted an investigation into the abduction of Aslan and Aslanbek Tasatayev under Article 126 § 2 of the Criminal Code (aggravated kidnapping). The case file was given number 25088. The applicants were informed about it in writing by the Chechnya prosecutor's office on 20 December 2002.
23. On 8 September 2001 the investigation in criminal case No. 25088 was suspended for failure to establish the identities of the perpetrators. The applicants were not informed about this decision.
24. On 10 October, 9 December 2002 and 20 January 2003 the applicants wrote to a number of the State authorities, including the district military com



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