Постановление Европейского суда по правам человека от 23.07.2009 «Дело Муцаева (Mutsayeva) против России» [англ.]

ary unit No. 6779 stationed at the time on the outskirts of Urus-Martan. The servicemen had been conducting a special operation. Khizir Tepsurkayev had showed his temporary identification card. During the identity check it had been established that B. Mairbek's car was on the authorities' wanted list. At that time B. Mairbek had driven away from the military servicemen, but the applicant's son had stayed behind. After that Khizir Tepsurkayev had been put in an UAZ vehicle and taken away to an unknown destination. According to the applicant's husband, he had obtained this information from the local police officers who had participated in the special operation with the military servicemen. These police officers had informed the applicant's husband that the military servicemen who had taken away his son were under the command of Lieutenant V. Vasiliy.
54. Referring to the information received from the Main Military Prosecutor's office, the Government further submitted that senior lieutenant of military unit No. 6779 V. Vasiliy had been killed on 26 May 2002. The military servicemen who had been serving in Chechnya on 27 August 2001 had been discharged upon completion of their service.
55. According to the Government, the investigation questioned the duty officer of the VOVD, Mr A.A., who stated that on 27 August 2001 he and officers V.A., R.I. and Yu.I. had driven to participate in the special operation held in Kalanchakskaya Street in Urus-Martan. He was supposed to participate in the operation as a member of a reserve group. On the other side of the road he had seen military servicemen of an unknown military unit and officers from the VOVD. At about 10 a.m. he had heard shooting and had driven towards the sound of the gunfire with other members of the reserve group. According to the witness, he had seen a crowd and a number of armoured vehicles on Kalanchakskaya Street. When he had approached the crowd, one of police officer told him that the military servicemen had stopped a VAZ-2107 car with B. Mairbek and Khizir Tepsurkayev in it. B. Mairbek had left Khizir Tepsurkayev and driven away in spite of the fact that fire had been opened to stop him. According to the eyewitnesses, the military servicemen had put Khizir Tepsurkayev into an APC. Shortly afterwards a UAZ vehicle from the VOVD had arrived at the site. Khizir Tepsurkayev had been taken out of the APC and put in the UAZ, which had driven away to an unknown destination. According to the witness, he had known Khizir Tepsurkayev since childhood and judged his character positively.
56. According to the Government, the investigators also questioned an officer of the VOVD, Mr R.A., who had provided a statement similar to the one provided by Mr A.A.
57. On an unspecified date the investigators questioned another witness, a senior operational police officer of the VOVD, Mr R.K., who stated that on 27 August 2001 he and a colleague of his had participated in a special operation. The operation had been conducted with military servicemen of an unknown military unit. The military servicemen had stopped a VAZ-2107 car with B. Mairbek and a young man in it. According to the witness, at some point later he had found out that this young man was Khizir Tepsurkayev. During the identity check B. Mairbek had driven away from the military servicemen; one of them, officer Vasiliy V., had tried to stop him by firing over his head. After that the military servicemen had run up to Khizir Tepsurkayev. Then a UAZ car had been ordered to the place, it had arrived and taken Khizir Tepsurkayev away.
58. On an unspecified date the investigators questioned the applicant, who stated that on 27 August 2001 her son Khizir Tepsurkayev had left home to get a job in the Town Court. About an hour later a boy had run up to her yard and informed her and her husband that armed men in an APC, who had been conducting a sweeping operati

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