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Постановление Европейского суда по правам человека от 26.11.2009 "Дело "Устарханова (Ustarkhanova) против Российской Федерации" [рус., англ.]





naya Street in Zakan-Yurt; the household comprised two dwellings in one yard: his house and the house of his nephew, Mr Magomed M. At the end of December 2002 Balavdi Ustarkhanov had arrived at Magomed M.'s house to celebrate the holidays. On 7 January 2003 a group of about ten unidentified armed men had broken into their yard. The men were wearing camouflage uniforms and masks. At first they went into Magomed M.'s house, and then came into his house. The men, who spoke unaccented Russian, checked everyone's passports and took away his passport. After the identity check the men had left with Balavdi Ustarkhanov in an unknown direction. At some later point he found out that the men had arrived at his house in a grey UAZ vehicle and a tented ZIL lorry. According to the witness, he had complained about the abduction of Balavdi Ustarkhanov to the Achkhoy-Martan ROVD and informed the latter's mother.
37. On 10 February 2003 the investigators questioned Mr Magomed M., who stated that he lived at 72 Shkolnaya Street in Zakan-Yurt, in the same household as his uncle Mr Makhadi M. In 2000 he had lived temporarily in Achkhoy-Martan as a forced migrant, where he had befriended a local resident, Balavdi Ustarkhanov. At the end of December 2002 Balavdi had arrived at his home for a visit. On the night between 31 December 2002 and 1 January 2003 he and Balavdi had been involved in a fight between local youths. As a result Balavdi had received head injuries from a heavy object. He had asked Balavdi to stay in his house until he felt better. At about 6 a.m. on 7 January 2003 a group of about ten armed men in camouflage uniforms and masks had entered his house. The men refused to introduce themselves; they checked his identity documents and the documents of Balavdi Ustarkhanov. Then, without providing any explanations, they ordered Balavdi Ustarkhanov to follow them; they also took his passport. The armed men then went into his uncle's house, where they also conducted identity checks and took away Mr Makhadi M.'s passport. After the men left the house, he learned that they had driven around in a grey UAZ vehicle and a tented ZIL lorry without registration numbers.
38. On 12 February 2003 the investigators requested that the military prosecutor's office of military unit No. 20102 and the Criminal Search Department of the Ministry of the Interior in the Southern Federal Circuit inform them whether they had arrested or detained Balavdi Ustarkhanov. According to their responses, these agencies had not arrested or detained the applicant's son.
39. On 12 February 2003 the investigators ordered the Achkhoy-Martan ROVD to question staff at the military checkpoints in the vicinity of Zakan-Yurt in order to establish the vehicles which had passed through them on the night of the abduction and to take operational measures to identify the perpetrators of the abduction. According to the ROVD's reply of 19 February 2003, no information concerning the abductors' vehicles was available at the checkpoints and no information concerning the identities of the abductors had been obtained.
40. On the same date, 12 February 2003, the investigators requested that the Operational Group of the Ministry of the Interior provide information on whether they had conducted a special operation on 7 January 2003 and whether they had detained Balavdi Ustarkhanov. According to the response of 25 April 2003, this agency had neither conducted any special operations on 7 January 2003 nor detained the applicant's son.
41. On 15 February 2003 the investigators forwarded a number of requests to various prosecutors' offices in Chechnya, requesting information about the possible arrest and detention of Balavdi Ustarkhanov and the discovery of his corpse. According to the responses received from those offices, no such information was available.
42. On 20 February 2003 t



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