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Постановление Европейского суда по правам человека от 08.04.2010 «Дело Умалатов и другие (Umalatov and others) против России» [англ.]





ted in the Government observations, on 15 October 2002 he had taken part in the special operation in Nagornoye at the site of the temporary detention point on the road between Goragorsk and Grozny, along with 23 other servicemen. At about 5.30 p.m. a black Volga car, driving at high speed, approached the roadblock from the direction of Goragorsk. The vehicle was forced to brake abruptly, as a result of which it slid into the roadside ditch. Several servicemen immediately ran to the car and detained the driver. According to Mr D.A.'s knowledge, the driver was later transferred to the ROVD and then to the district FSB. The servicemen under his command were not involved in the detention, but supervised and trained the members of the local police force.
40. In November 2002 the investigation questioned Mr A.K., the third man who had been detained at the FSB district department. According to the Government, he stated that on 15 October 2002 he had been detained together with Usman Umalatov and a third man, whose name he did not know. First the unknown man was taken from the room for questioning, and then later that day, at about 8 p.m., Mr Umalatov. Mr A.K. was released on the following day at about midday, after questioning and having signed a form stating that he had no complaints about the FSB servicemen.
41. On 19 November 2002 the military prosecutor of military unit No. 2011 examined the black "Volga" car driven by Shamad Durdiyev on the day of his detention. The car was examined on the premises of the Grozny town prosecutor's office and no damage was noted. The Government submitted a copy of the examination report to the Court.
42. The Government mentioned a number of other documents contained in the investigation file concerning Mr Durdiyev's disappearance. In February 2000 and in August 2002 the Ministry of the Interior and the Grozny town administration issued papers to confirm the latter's active involvement with the Chechen counter-insurgent movements and his participation in the storming of Grozny in January 2000.
43. The Government stated that the case files also contained copies of the forms signed by Usman Umalatov and Shamad Durdiyev on 15 October 2002 confirming their release and absence of complaints about the FSB, but failed to provide them to the Court. The Government also stated that at some point both forms had been submitted for graphology tests which had confirmed their authenticity, but did not submit copies of those reports either.
44. According to the Government, the military prosecutors examined the registration logs of the Nadterechny district temporary detention ward and of the ROVD. Copies of the relevant documents were contained in the investigation files. They demonstrated that Shamad Durdiyev and Usman Umalatov had been delivered to the ROVD at 10 a.m. on 15 October 2002 for identification and that on the same day at 10 a.m. both had been transferred to the district department of the FSB, without being placed in detention. The Government did not submit copies of these documents to the Court.
45. On 20 December 2002 the military prosecutor of military unit No. 20111 concluded that the military servicemen and the servicemen of the FSB had not been implicated in Shamad Durdiyev's disappearance. On the same day he sent the file for further investigation to the district prosecutor's office. The prosecutor sent a number of requests for information to local law-enforcement authorities, medical facilities and detention centres, but these brought about no results.
46. In their additional memorandum submitted in September 2008 the Government, without indicating the dates and without providing copies of the documents, informed the Court that the investigation into both cases was ongoing. The prosecutors had questioned seven local residents who had been detained on 15 October 2002 or their family members. They



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