itary commander of the district and the commander of the platoon who had taken part in the operation, the head of the ROVD and several officials of the district FSB. The Government related the statements of the head of the district department of the FSB Mr Kh.M. in the following manner:
"On 2 October 2002 [we] received information that members of the illegal armed groups which had attacked the Nadterechny district commander's office were hiding in Nagornoye. As a result of the attack three servicemen of the commander's office had been killed. On this basis a special operation was planned. Upon agreement with the military commanders of Chechnya and of the Nadterechny district, on 14 October 2002 an order was issued to include in the operation the servicemen of the military commander's office, of the Ministry of the Interior and of the district department of the FSB. At the northern entrance to the village, on the road between Goragorsk and Grozny, an armoured personnel carrier (APC-80) was positioned in order to block the traffic and to protect the temporary point of gathering of the detainees. A black GAZ 3102 "Volga" vehicle arrived from Goragorsk at high speed, and having nearly collided with the APC, turned around and tried to leave towards Goragorsk. The police officers who had manned the block gave chase and fired shots in the air, after which the vehicle stopped. The police officers checked the documents of the driver, Shamad Durdiyev, and doubted their authenticity. On the same day at about 1 p.m. Shamad Durdiyev was brought to the district department of the FSB for a complete check. 12 other persons were also detained in the course of the operation, of whom two - Usman Umalatov and Mr A.K. - were also brought to the FSB department. Usman Umalatov and Mr A.K. produced service badges of the security service of the Administration of Chechnya, the authenticity of which was also questioned.
On the same day, at about 3 p.m., a group of armed persons arrived at the department in three vehicles. They were headed by Mr B.Sh., who had produced the service badge of the deputy head of the Administration of Chechnya. He demanded that Usman Umalatov be transferred to him, since the latter had served under his command. At the same time, Usman Umalatov was not listed among the employees of the Chechnya Administration that had been submitted by Mr B.Sh. to the district department of the FSB in December 2001. Mr B.Sh. was told that he could wait until Usman Umalatov had been questioned and released, but B.Sh. had left. On the same day at about 4 p.m. the prosecutor of the Nadterechny district Mr S.P. phoned the department and asked if Shamad Durdiyev, the driver of the Grozny town prosecutor, had been detained there. He (Kh.M.) himself called the Grozny prosecutor who confirmed that Shamad Durdiyev worked as a driver in that office.
Later on the same day the formalities concerning Shamad Durdiyev and Usman Umalatov were concluded and he (Kh.M.) ordered to them to provide signed forms attesting the return to them of money and valuables collected upon arrest. Shamad Durdiyev and Usman Umalatov left the FSB department on 15 October 2002. Work with A.K. continued."
The Government further relayed Kh.M.'s statements about how the relatives of Shamad Durdiyev and Usman Umalatov had come to the department on several occasions after 16 October 2002 and how he had informed them that both men had been released. Kh.M. assured them that his subordinates had nothing to do with the two men's disappearance and that he had no information about their whereabouts. On 15 October 2002 they had not been delivered to any "filtration point", but a simple check through a data base had taken place.
39. The head of the district detachments of the Ministry of the Interior, Mr D.A., who was questioned on 26 November 2002, testified that he had witnessed the detention of Usman Umalatov. As ci
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