forms was able to drive around and move freely through military roadblocks in several vehicles in broad daylight and proceeded to check identity documents and took the applicants' relative away from his home strongly supports the applicants' allegation that these were State servicemen conducting a security operation. The domestic investigation also accepted factual assumptions as presented by the applicants (see paragraph 38 above); however, it does not appear that they took any serious steps to check whether any state representatives were involved in the abduction.
81. The Government questioned the credibility of the applicants' statements in view of certain discrepancies relating to the exact circumstances of the arrests and the description of the hours immediately following the detention. The Court notes in this respect that no other elements underlying the applicants' submissions of facts have been disputed by the Government. In the Court's view, the fact that over a period of a few years the applicants' recollection of an extremely traumatic and stressful event differed in rather insignificant details does not in itself suffice to cast doubt on the overall veracity of their statements.
82. The Court observes that where the applicants make out a prima facie case and the Court is prevented from reaching factual conclusions owing to a lack of relevant documents, it is for the Government to argue conclusively why the documents in question cannot serve to corroborate the allegations made by the applicants, 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).
83. Taking into account the above elements, the Court is satisfied that the applicants have made a prima facie case that their relative was abducted by State servicemen. The Government's statement that the investigators had not found any evidence to support the involvement of the federal servicemen in the kidnapping or their general reference to the possibility of the involvement of illegal insurgents or criminals in the abduction is insufficient to discharge them from the above-mentioned burden of proof. Having examined the documents submitted by the parties, and drawing inferences from the Government's failure to submit the remaining documents which were in their exclusive possession or to provide another plausible explanation for the events in question, the Court finds that Sarali Seriyev was arrested on 1 June 2004 by State servicemen during an unacknowledged security operation.
84. There has been no reliable news of Sarali Seriyev since the date of the kidnapping. His name has not been found in any official detention facility records. Finally, the Government have not submitted any explanation as to what happened to him after his arrest.
85. 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-... (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 Sarali Seriyev or of any news of him for more than five years supports this assumption.
86. Accordingly, the Court finds that the evidence available permits it to establish that Sarali Seriyev must be presumed dead followi
> 1 2 3 ... 9 10 11 ... 16 17 18
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
