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





cers in the Chechen Republic is not particularly high. Lastly, the applicants' submission that the abductors had handcuffed Bekman Asadulayev had not been confirmed by Mr Sh. who had never mentioned that fact while being questioned by the investigators.
73. The Government further contended that the investigation into the abduction of the applicants' relative met the Convention requirements of effectiveness. It was being conducted by the district prosecutor's office, an independent body, which had checked various theories of the incident, including the possible involvement of servicemen in the abduction. Numerous requests for information had been sent to various State authorities; the third applicant, who had been granted victim status, had been questioned, as well as all other persons who might have had information on the events of 14 January 2004.

2. The applicants' submissions

74. The applicants maintained that it was beyond reasonable doubt that the men who had taken Bekman Asadulayev away from the secure grounds of the MVD had been State agents. They submitted that State representatives frequently omitted to wear uniforms with recognisable insignia, so that their actions could not be traced. Since the beginning of the military conflict in 1999 camouflage uniforms had been withdrawn from unrestricted sale and representatives of the federal forces had seized such uniforms and detained individuals who had them. The applicants further stressed that the unhindered passage of the abductors of Bekman Asadulayev through the checkpoints had indicated that the MVD security personnel had either recognised them or had had an order to let them through. In that connection the applicants emphasised that if the abductors had been members of illegal armed groups, their unhindered passage through the secure MVD grounds should have prompted the authorities to investigate such a serious security breach. However, nothing in the Government's submissions indicated that this had been done. They further pointed to the Government's admission that Mr G. had not been surprised by the arrival of the armed men in his office which, in the applicants' opinion, lent further credence to their argument that the abductors of Bekman Asadulayev had been State agents. The applicants also argued that the alleged discrepancies in their account of events had not had particular bearing on the establishment of the fact of their relative's detention by State agents. In any event, it followed from the statement by Mr Sh. cited by the Government that Bekman Asadulayev had simply surmised that his summoning had been prompted by unauthorised leave. Furthermore, the applicants had not alleged that Mr Sh. had also been summoned to the MVD. As for the exact time of arrival of the armed men in Mr G.'s office, it had also been irrelevant since the Government had not disputed the fact of their arrival there. Insofar as the Government argued that the armed men who had entered Mr G.'s office and those outside the building might have been different persons, it could not be verified since the Government had failed to produce a copy of the statement by Mr Sh. to that effect. In so far as the handcuffing was concerned, Mr Sh. had not mentioned it in the statement relied on by the Government. In reply to the Government's submission that Bekman Asadulayev might have been targeted by insurgents because of his professional activities, the applicants pointed out that the domestic investigation had not obtained any evidence of the possible involvement of members of illegal armed groups in his disappearance. With reference to the case of Kukayev v. Russia (No. 29361/02, 15 November 2007), they further claimed that the fact of being a police officer in the Chechen Republic did not, as such, minimise the risk of abduction by State agents.
75. The applicants argued that Bekman



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