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





identify him on a photo or at a confrontation.
83. The Government further argued that there were inconsistencies in the applicants' and the witnesses' accounts of the events regarding the time of the abduction, the number of the abductors and their vehicles and the colour of the vehicles and that their statements contradicted the statements by M.B. that the abduction had taken place at about 4.20 p.m. and that the second vehicle was violet in colour. They challenged as untrustworthy the applicants' submissions regarding their alleged contacts with the FSB officials and the information so obtained because the applicants had failed to provide any details about their interlocutors, such as their names or ranks in the FSB or any evidence that they existed at all. In any event, the Government considered that State officials would not have behaved the way described by the applicants. They particularly stressed that the third applicant had concealed the information on those alleged meetings from the investigation. The third applicant informed the investigation only about the call he had allegedly received in December 2004, being silent on the events which had preceded it. By withholding that information, the third applicant had intentionally hindered the effective investigation of the case. As regards L.T., he had been interviewed by the investigator and had submitted that on 18 December 2003 he had been at his place of service in Kostroma and that he had not known anything about the abduction of Bashir Mutsolgov. L.T.'s statements during his interview had not raised any doubts as to their truthfulness and thus there had been no need for their verification.
84. As regard the investigation, the Government argued that it was being carried out by an independent body which had considered various theories, including Bashir Mutsolgov's abduction by members of the law-enforcement authorities and in particular the FSB. The domestic authorities had promptly opened a criminal case and taken the necessary investigative steps. Numerous queries had been sent to various State bodies; the victim and all witnesses who could have known anything about the abduction had been interviewed. The authorities had identified and interviewed the FSB officer whom the applicants accused of having been implicated in their relative's abduction. According to the applicants' own submissions, the abduction had taken only a few minutes. Thus, there had been no traces of the crime and hence no need to inspect the crime scene or to make pictures of it. There had also been no need to interview the second minivan driver and the passengers in the minivans present at the time of the abduction, since their statements would not have added anything to the statements by Ya.Kh. and M.B.

2. The applicants

85. The applicants argued that they had submitted a bulk of evidence which proved beyond reasonable doubt that their relative had been abducted by State agents and was to be presumed dead following his unacknowledged detention. They particularly stressed that the Government had acknowledged that the domestic authorities had considered the thesis of the involvement of State agents, and in particular the FSB, in the abduction of Bashir Mutsolgov, and that they had not challenged the authenticity of the official information statement saying that he had been abducted by State agents. At the same time the Government failed to furnish any evidence to demonstrate that the investigation had considered or verified other theories of the abduction mentioned by them. The applicants further stated that it was common knowledge that State agents participating in special operations always removed the number plates from their vehicles and insignia from their uniforms. As regards officer Ch., according to the Government's own submissions, eleven months after Ch.'s first interview the investi



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