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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 in connection with the abduction of the applicants' relatives and informed the applicants.
45. On 21 January 2003 the investigators questioned the first applicant, who stated that on 14 January 2003 he had been at work in Grozny. At about 10 a.m. he had learnt that around 4 a.m. the previous night his sons, Aslambek and Aslan Ismailov, his brothers Khizir and Yaragi Ismailov and his brother-in-law Yusi Daydayev had been abducted by unidentified armed men in APCs. From the Government's submission it follows that the applicant was questioned again on 22 January 2003, but the contents of this statement were not disclosed by the Government.
46. On an unspecified date the investigators questioned Ms M.D., the mother of Aslambek and Aslan Ismailov, who stated that on the night of 13 - 14 January 2003 she had been at home at 15a Orekhova Street with her two sons and daughter. At about 4 a.m. she had gone into the yard and seen an APCs with armed men in camouflage uniforms and masks sitting on top of it. Next to the house she saw her brother-in-law, Khizir Ismailov, several APCs and a lorry with armed men in camouflage uniforms and masks. After that the armed men took her sons Aslambek and Aslan Ismailov outside and drove them away. About ten minutes later a convoy of seven or eight APCs and a lorry drove down the street. The vehicles did not have registration numbers. After that the witness went to her relatives' house at 22 Orekhova Street where she found out about the abduction of her brother Yusi Daydayev and her brothers-in-law Khizir Ismailov and Yaragi Ismailov.
47. On 21 January 2003 the investigators questioned the eighth applicant, who stated that on the night of 14 January 2003 she and her family members had been at home at 22 Orekhova Street. At about 4 a.m. they had heard screams and noise. Her husband Yaragi Ismailov went outside. He returned and said that military servicemen were on the street. After that two armed men in camouflage uniforms and masks entered the house. They made Yaragi Ismailov lie down on the floor and then ordered him to put his clothing on. The men walked through the rooms and took Yaragi Ismailov, who was barefoot, into the yard where more military servicemen were waiting.
48. On 27 January 2003 the investigators questioned an officer of the ROVD, Mr U.S. He stated that on the night of 14 January 2003 he had been on duty at the police station. At about 5 a.m. the ROVD received information that unidentified armed men in Ural lorries and APCs had abducted five residents from Orekhova Street that is Aslambek and Aslan Ismailov, Yaragi Ismailov, Khizir Ismailov and Yusi Daydayev. The officer immediately informed about it the head of the ROVD, the district department of the FSB and the district military commander's office. After that he sent a group of investigators to the crime scene. Meanwhile, police unit No. 3, stationed next to the cemetery on the outskirts of Achkhoy-Martan, informed him by radio that a convoy of armoured vehicles was leaving Achkhoy-Martan. About ten to fifteen minutes later the unit reported that the convoy was returning to the settlement. The officer ordered them to watch the convoy's movement. After the convoy drove back into the town, it became impossible to track its movements. According to the information received by the witness from the FSB and the district military commander's office, their units were not participating in a special operation and had not left the base. Therefore, it was impossible to establish the owners of the convoy of armoured vehicles.
49. On 28 March 2003 the investigators questioned an officer of the ROVD, Mr D.A. He stated that he worked as a district police officer in Achkhoy-Martan. At about 4 a.m. on 14 January 2003 a group of unidentified armed men in APCs and Ural lorries had arrived at Orekhova Street, where from house No. 15a they had abducted Aslambek and Aslan



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