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





blacked-out windows and a dark blue VAZ-2106 car pulled over. Although the vehicles' registration plates were covered with mud, the Niva had part of its number, "26", visible. Five to eight masked men in camouflage uniforms emerged from the cars. They were armed with AK assault rifles and spoke unaccented Russian. The men ran up to Bashir Mutsolgov and Kh.Kh. and hit the latter in the face so that he fell to the ground. They then forced Bashir Mutsolgov into the white Niva vehicle. According to the statement by V.G., Bashir Mutsolgov was forced to the ground and then put in the Niva vehicle. Kh.Kh. submitted in his statement that, before being forced into the Niva vehicle, Bashir Mutsolgov had been hit with a rifle-butt in the stomach.
10. Bashir Mutsolgov's neighbour, Ya.Kh., heard a noise and looked out of the window of her house. She saw across the street a group of men throw Bashir Mutsolgov into the white Niva vehicle. After that the vehicles with Bashir Mutsolgov drove away in the direction of the Karabulak department of the interior ("the GOVD") and the local road police station ("the GAI station") located about 700 - 900 metres from Bashir Mutsolgov's house.
11. A number of other local residents witnessed the abduction of Bashir Mutsolgov. In particular, prior to arriving at Bashir Mutsolgov's house, the white Niva vehicle had caused a traffic accident with two minivans which both had about 25 - 30 passengers on board. The passengers in the minivans, as well as their drivers, including V.G., and the crowd gathered at the place of the accident witnessed the abduction of Bashir Mutsolgov by a group of armed masked men.
12. One of the local residents, M.B., was driving past the applicants' house when he saw a group of armed men throw a man into a white Niva vehicle. Several minutes later, passing by the GAI station, he informed the on-duty officer Ch. about the incident and told him that two vehicles, a white Niva and a dark blue VAZ with the abducted man, were driving behind him on the same road. Ch. stopped the two cars. A man of Slavic appearance, about 35 - 40 years old, got out of the white Niva vehicle. He spoke unaccented Russian and produced a special permit of the Regional Operational Headquarters of the Federal Security Service ("Региональный Оперативный Штаб Федеральной Службы Безопасности"), prohibiting any search of the permit owner and his vehicle. The man introduced himself as an officer of the FSB and ordered Ch. to let the two vehicles through. Ch. recognised him as the man who had been introduced to him as an FSB officer during an investigation into an explosion in Karabulak, and who had participated in the investigation together with other FSB officers. Having checked the permit, Ch. let the two vehicles pass. From the GAI station the two vehicles took the Baku - Rostov highway and drove in the direction of the town of Magas, Ingushetia.
13. The applicants have had no news of Bashir Mutsolgov since 18 December 2003.
14. The above description of the events of 18 December 2003 is based, among other things, on the applicants' application form dated 13 January 2006; written statements by V.G. and M.B of 22 September 2005; written statements by Ya.Kh. and Kh.Kh. made on 22 September 2005; a written statement by the third applicant made on 14 October 2005; written statements by the first and second applicants dated 6 December 2005, and a hand-drawn map of the premises at Oskanova Street in Karabulak with detailed indications of the objects and persons at the time of the abduction and the direction taken by the abductors.
15. In their statements the first to third applicants referred to the time of Bashir Mustolgov's abduction as approximately 3.30 p.m.; according to the statements by Kh.Kh. and Ya.Kh., it occurred "at about 3 p.m." According to all witness and applicants' statements submitted to the Court, ther



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