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





side. The servicemen who had been on duty on the roof of the house that morning had been observing the incident from the roof. Mayrudin Khantiyev's parents had complained about his abduction to the ROVD and the local military commander's office.
59. On 20 January 2001 the investigators questioned the first applicant as a witness. She submitted that on 4 December 2000 she had been woken up by the third applicant's calls for help. When she rushed outside, the first applicant learnt that unidentified men had abducted her son. The neighbours who had gathered outside had shown the first applicant the Niva vehicle which at that moment was about 150 - 200 metres away from them and was moving in the direction of the motorway. The first applicant shouted to the servicemen on the roof, asking them for help. In response they requested her to be quiet because the curfew was not over yet. The first applicant then went to the "Zagryazheskiy" and "Neftyanik" checkpoints. She was told there that no NIVA vehicle had passed through those checkpoints. Mayrudin Khantiyev had not participated in illegal armed groups and had not been implicated in any illegal activities. The first applicant did not suspect any particular person of having abducted her son.
60. On an unspecified date the investigators questioned the second applicant as a witness. He submitted that he had not witnessed his son's abduction. He had learnt from his wife and the third applicant that his son had been abducted on 4 December 2000 by four unidentified persons who had arrived in a white NIVA vehicle with blackened windows. After the abduction the second applicant had asked Mr S., a former police officer, for assistance in the search for Mayrudin Khantiyev. Mr S. had contacted several checkpoints but had been told that no white NIVA vehicle had passed through those checkpoints.
61. On an unspecified date the investigators questioned Mr Z., who had held at the time of the incident the post of military commander of the Staropromyslovskiy district. He submitted that on 4 December 2000 he had learnt from the residents of house No. 269 at Ugolnaya Street that unidentified persons had taken Mayrudin Khantiyev to an unknown destination. At the relevant time the area had been under curfew from 8 p.m. to 6 a.m. and a watch post of servicemen of the military commander's office had been stationed on the roof of house No. 269. On the same day Mr Z. had been contacted by Mr S., the former head of the Staropromyslovskiy ROVD, who had enquired whether Mr Z. had any information about the abduction of Mayrudin Khantiyev. Mr Z. replied that he did not know anything about it. Some servicemen had told Mr Z. that they had seen a white NIVA vehicle but that they had not seen anyone being taken away.
62. On an unspecified date the investigators questioned Mr K., who had been the acting military commander of the Staropromyslovskiy district since 19 December 2000. He submitted that he had not known anything about the abduction of Mayrudin Khantiyev. The names of the servicemen who had been on duty on 4 December 2000 on the roof of house No. 269 could have been obtained from the duty log [постовая ведомость]. The task of the servicemen stationed on the roof had been to secure compliance with the curfew, that is to survey the adjacent premises within their sight, including all pedestrians and vehicles. They had to notify an on-duty officer of the district military commander's office of аny breach of curfew. In the event of a special operation the on-duty officer was informed about it. He was then to inform the unit on the roof that at a specific time a specific vehicle would arrive at a specific place. If the unit on the roof had not seen the Niva vehicle this could have been either because of negligence on the part of the servicemen or because there had been no special operations. If the unit on the roof had been informed about a spec



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