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Постановление Европейского суда по правам человека от 01.04.2010 «Дело Муцолгова и другие (Mutsolgova and others) против России» [англ.]





d had shown [Ch.] a special permit exempting the vehicles and the persons inside from checking. Ch. recognised the driver as an officer of the Ingushetiya department of the FSB, whom he had seen earlier in connection with various incidents, most recently at the scene of a crime at 6 Chkalova Street, where, as a result of an explosion, a GOVD officer, T., had had his hand torn off. Ch. did not know the family name of the FSB officer but could identify him at any time. Ch. described [that officer's] distinctive marks.
At his interview on 21 January 2004 Ch. gave a similar statement.
Witness M.B. in his explanation and during his interview on 21 January 2004 submitted that on 18 December 2003, at about 4.20 p.m., when he had been driving towards the centre of Karabulak,... four armed persons had stepped into the road and stopped the traffic. At the same moment, their accomplices had forced a young man, who had previously been held in the VAZ-2106 vehicle, into the white Niva and taken him away; M.B. had informed the GAI station located near the GOVD about this. The on-duty officer had stopped vehicles without licence plates, checked their documents and let them through. In answer to M.B.'s question why he had let them pass, the officer answered that he knew one of them as an FSB officer. From [Ch.'s] explanation M.B. understood that the FSB officers had not abducted but arrested Bashir Mutsolgov. M.B. would not be able to identify those persons because they had been wearing masks...
According to a certificate of the head of the GOVD dated 29 December 2003, on 18 December 2003 Bashir Mutsolgov, born in 1975, had been taken to an unknown destination by officers of the power structures..."
33. In a letter of 26 January 2004 the military prosecutor's office of military unit No. 04062 informed the second applicant that the examination of his complaint had established that officers of the Ingushetia and Chechnya departments of the FSB had not participated in the abduction of Bashir Mutsolgov. According to the letter, the military prosecutor's office of the United Group Alignment (the UGA military prosecutor's office) had forwarded a request for assistance in the search for Bashir Mutsolgov to the Regional Operational Headquarters of the FSB.
34. On 25 February 2004 the republican prosecutor's office informed the second applicant that they had studied the case concerning the abduction of Bashir Mutsolgov and had issued instructions for the investigation aimed at establishing the identity of the perpetrators of his abduction. According to the letter, the authorities were verifying the thesis of possible involvement of the FSB officers in the abduction and his detention in Khankala.
35. On 12 April 2004 the second applicant complained about Bashir Mutsolgov's abduction to the head of the FSB of the Russian Federation and the Prosecutor General. He described in detail the circumstances of his son's abduction by armed men in camouflage uniforms in several vehicles and pointed out that when the abductors had been stopped at the GAI station one of them had produced a special permit which had allowed the vehicles to pass without a check. The second applicant also stated that he had managed to find out that his son had been abducted by officers of the Ingushetia department of the FSB, the Chechnya department of the FSB and the Regional Department of the FSB in the North Caucuses; that he had been taken to the headquarters of the Ingushetia department of the FSB in Magas and put in a basement; that on the following day his son had been taken to the settlement of Khankala in Chechnya, where he was still detained. According to the second applicant, that information had been provided to him by officers of the above-mentioned departments of the FSB, who had asked him not to disclose their names; they had also told the second applicant that Bashir



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