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Постановление Европейского суда по правам человека от 26.11.2009 "Дело "Исмаилов и другие (Ismailov and others) против Российской Федерации" [рус., англ.]





9; being taken away.
11. The first applicant's wife ran after her sons into the street. She saw several APCs, a military Ural car and groups of Russian military servicemen standing along the street. The vehicles were parked next to different houses with their engines running. The soldiers, who were waiting next to the vehicles, threatened to kill the locals if the latter went outside. The vehicles with the first applicant's sons drove away to an unknown destination.
b. Abduction of Yaragi Ismailov, Khizir Ismailov and Yusi Daydayev
12. At the material time the second and fourth applicant families lived at 22 Orekhova Street. Their household consisted of three dwellings in one yard. It was situated about 300 metres away from the first applicant's house and a few hundred metres away from the nearest Russian military forces checkpoint.
13. On the night of 13 - 14 January 2003 Yusi Daydayev was visiting the applicants and staying in the first house. Khizir Ismailov and his family were sleeping in the second house; Yaragi Ismailov and his family were in the third one.
14. At about 4 a. m. a group of armed men in camouflage uniforms broke into Yusi Daydayev's house. It appears that the men beat him up, as the applicants heard him screaming.
15. Another group of intruders knocked on the door of the second house. When Khizir Ismailov opened the door, they rushed in, forced everyone to lie down on the floor and took Khizir Ismailov away.
16. The last group of four armed men broke into the third house and took away Yaragi Ismailov. The intruders asked the eighth applicant to bring his passport. While she went to fetch it, the men took her husband outside. The eighth applicant attempted to follow them, but the intruders drove away. None of the men were allowed to put on warm clothing.
17. The intruders who raided the household at 22 Orekhnova Street and took away Yaragi Ismailov, Khizir Ismailov and Yusi Daydayev were wearing masks and helmets. They spoke unaccented Russian and used swear words. They neither introduced themselves nor produced any documents. The applicants thought they were Russian military servicemen.
18. According to the applicants and their neighbours, eight APCs and a military Ural car were parked in Orekhova Street while Aslambek and Aslan Ismailov, Yaragi Ismailov, Khizir Ismailov and Yusi Daydayev were being taken away.
19. It appears that after Aslambek and Aslan Ismailov, Yaragi Ismailov, Khizir Ismailov and Yusi Daydayev were taken away the military vehicles drove towards Samashki village and stopped in the area of the local wheat processing plant, where Russian troops were stationed.
20. On 23 January 2004 the Achkhoy-Martan district court granted the eighth applicant's claim and declared Yaragi Ismailov a missing person as of 15 January 2003.
21. The description of the circumstances surrounding the abduction of the applicants' relatives is based on the following documents: an account by Mr V.R. given on 3 August 2005; an account by Ms Z.Kh. given on 3 August 2005; an account by the fourth applicant given on 14 August 2005 and an account by the first applicant's wife Ms M.D. given on 14 August 2005.

2. Information submitted by the Government

22. The Government did not challenge most of the facts as presented by the applicants. According to their submission "at about 4 a.m. on 14 January 2003 unidentified armed men in camouflage uniforms and masks, who were driving Ural vehicles and APCs, arrived at Orekhova Street in Achkhoy-Martan, Chechnya, abducted and took away from house No. 15 Aslanbek Ismailov, who was born in 1979, and Aslan Ismailov, who was born in 1981, and from house No. 22 Yaragi Ismailov, Khizir Ismailov and Yusi Daydayev."
23. On 23 January 2004 the Achkhoy-Martan district court declared Yarag



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