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Постановление Европейского суда по правам человека от 29.10.2009 «Дело Хантиева и другие (Khantiyeva and others) против России» [англ.]





cted. The second applicant pointed out that the servicemen on the roof must have seen the abductors and the direction in which they had taken his son away and that they had not done anything. The commander responded that the soldiers had not seen anything as they had been asleep.
15. The above account of the events is based on the application form of 20 October 2006, the applicants' statements to their representatives dated 19 October 2006 and two hand-drawn maps of the applicants' block of flats in Grozny.
(ii) Statements by witnesses
16. The applicants produced undated statements from the residents of house No. 269 in support of their account of the events of 4 December 2000.
17. In their statements Ms V., Ms P., Mr Da. and Ms S. submitted that at about 6.15 a.m. they had been woken up by noise and screaming coming from the courtyard. Ms V. and Ms P. had looked out of their windows and Mr Da. and Ms S. had gone outside. They had all seen a white NIVA vehicle drive off and the first and third applicants run after it screaming. Ms P. specifically pointed out that at the relevant time servicemen of the district military commander's office had been stationed on the roof of the house.
18. In their statements Ms B. and Mr U. submitted that at about 6 a.m., during curfew hours, they had been woken up by the screams and weeping of women and children. Ms B. and Mr U. had got to the staircase and had seen the door of Mayrudin Khantiyev's flat broken and a white NIVA vehicle with blackened windows and without licence plates. Mayrudin Khantiyev, who was only in his underwear, had been forced into the vehicle and taken away.
19. In his statement Mr Du. submitted that at about 6 a.m. on 4 December 2000 he had been woken up by the screaming of women and crying of children. He had got outside and had seen several servicemen who were wearing masks. Mr Du. had wanted to ask them what was going on but was afraid. Two servicemen had taken Mayrudin Khantiyev to a white NIVA vehicle with blackened windows and without licence plates.

2. Information submitted by the Government

20. The Government submitted that on 4 December 2000 unidentified armed persons had kidnapped Mayrudin Khantiyev and had taken him away to an unknown destination.

C. The search for Mayrudin Khantiyev and the investigation

1. The applicants' account

21. Between 4 and 19 December 2000 the applicants complained about their relative's abduction to a number of local law enforcement agencies, including the department of the interior of the Staropromyslovskiy district (the ROVD), the local prosecutor's office and the military commander's office of the Staropromyslovskiy district (the district military commander's office). The applicants did not retain copies of their complaints.
22. On 20 December 2000 the applicants complained about the abduction of Mayrudin Khantiyev to the Grozny military commander's office. In their complaint they provided a detailed description of the circumstances of their relative's abduction. In particular, they stated that Mayrudin Khantiyev had been abducted at 6.15 a.m., during curfew, by armed men in camouflage uniforms who had tied him up and taken him away to an unknown destination. The applicants stated that immediately after the abduction, on the morning of 4 December 2000, they had complained about it to the military commander of the Staropromyslovskiy district, Mr Z.; the latter had denied knowing anything about the abduction and had refused to assist the applicants. In their complaint the applicants also submitted that they had previously applied in writing to the prosecutor's office, the ROVD and other authorities but that their complaints had not produced any results.
23. On 27 December 2000 the Grozny to



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