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Постановление Европейского суда по правам человека от 17.09.2009 «Дело Асадулаева и другие (Asadulayeva and others) против России» [англ.]





rties' submissions

1. Submissions by the Government

70. The Government submitted that unidentified armed men had abducted Bekman Asadulayev from the secure grounds of the MVD. They noted that the investigation into the incident was pending and that there was no evidence that the abductors had been State agents. In particular, while mentioning the abductors' camouflage uniforms, the applicants had never referred to insignia on them or other details which could have enabled the authorities to establish the affiliation of the perpetrators to a particular military service. Moreover, the first applicant had described the uniforms as "unusual" and, in any event, she had not been an eyewitness to the abduction, her only source of information being Mr Sh. From his description of the abductors' camouflage uniforms as "unusual" it transpired that he had doubted that the perpetrators had belonged to the Russian military. The applicants also failed to indicate whether the abductors had used specific military terms or expressions. The fact that they had carried weapons and had spoken Russian did not prove that they had belonged to the Russian military. The Government further stressed that members of illegal armed groups had often passed themselves off for servicemen or members of law-enforcement bodies and had freely entered the premises where the latter had been stationed. In this connection they referred to the events in Beslan where the perpetrators had passed several checkpoints unhindered and had subsequently taken over one thousand people hostage. In the Government's opinion, Bekman Asadulayev might have been abducted either by members of illegal armed groups in connection with his professional activity as a police officer or by third persons because of a personal feud. Moreover, had the authorities suspected him of membership of illegal armed groups, they would not have needed to mount a plot and would have prosecuted him in the proper way. The Government stressed in that connection that none of the heads of the "power structures" had formally confirmed the fact of Bekman Asadulayev's arrest.
71. The Government further pointed to several inconsistencies in the applicants' account of events. In particular, while the applicants alleged that Bekman Asadulayev had been summoned to the MVD because he had missed his classes, the real purpose had been to obtain information concerning his recruitment. Furthermore, Bekman Asadulayev had been the only person summoned to the MVD. Mr Sh. had simply accompanied him there and had not submitted any written statements to Mr G. Furthermore, whilst the applicants claimed that armed men had entered Mr G.'s office when Bekman Asadulayev had been handing his statement to Mr G., according to Mr Sh.'s statement the armed men had come into the office before Bekman Asadulayev had started to compile his statement. The Government particularly stressed that it had not followed from Mr Sh.'s testimony that Mr G. had been surprised by the arrival of the armed men in his office. The Government concluded that either Mr G. had known those men or he had been aware of the reason for their arrival.
72. The Government also pointed out that while according to the applicants the armed men had followed Bekman Asadulayev and Mr Sh. in the MVD building, it followed from Mr Sh.'s statements that he had seen four armed men outside the building near the VAZ-21099 car. More importantly, Mr Sh. had never specified that the men by the VAZ vehicle and those who had entered Mr G.'s office had been the same persons. According to the Government, Mr Sh. had submitted that he would have been able to identify the abductors because they had not worn masks. However, when he had subsequently visited various departments of the Ministry of the Interior, he had never met those persons, although the overall number of police offi



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