Постановление Европейского суда по правам человека от 18.06.2009 «Дело Магомадова (Magomadova) против России» [англ.]

n her letter she stated that her son had been abducted by representatives of Russian power structures and pointed out that there was irrefutable evidence to this effect, such as: the abductors had used armoured military vehicles; the abductors must have obtained the permission of the Russian military to move around in the area during curfew; the large number of the abductors and their unaccented Russian had also demonstrated that they were military servicemen; when on the morning of 12 April 2002 the applicant had complained about the abduction to the law enforcement agencies, they had failed to block the roads or arrest the culprits; after the abduction the military vehicles had driven away in the direction of the Russian military checkpoint; at the material time the town had been under the full control of Russian federal forces and all roads leading to and from the city were blocked by checkpoints. The applicant requested the investigators to take, inter alia, the following measures: to establish the identity of the owners of the APCs and URAL vehicles in Urus-Martan; to question their drivers about the night in question; to establish the identity of and question the staff of local law enforcement agencies about their participation in arrests in April 2002; to question officers of the military commander's office and other power structures about any permissions issued for moving around on the night of 12 April 2002. Finally, the applicant requested that the investigation in the criminal case be resumed and she be provided with access to the investigation file.
60. On 22 February 2005 the district prosecutor's office informed the applicant that they had partially granted her request and resumed the investigation on the same date.
61. On 25 February 2005 the applicant was again granted victim status in the criminal case and questioned. The applicant stated that at about 3 a.m. on 12 April 2002 she had been woken by the sound of steps on the staircase. She had looked out of the window and seen that the house had been surrounded by armed men in camouflage uniforms. Then a group of seven to eight men in camouflage uniforms, armed with machine guns, had broken down the door, entered the flat and proceeded to her son's bedroom. The applicant had not been able to see the insignia on the intruders' uniform. One of them requested and took away Ibragim Uruskhanov's passport. The men had ordered the applicant's son to get dressed and follow them. When the applicant had asked why he was being taken away, one of them had told her that they were taking him to find something out and that in the morning the applicant would find him in the VOVD. The men had taken Ibragim Uruskhanov with them. They had ordered the applicant to stay inside and threatened to shoot her if she disobeyed, as the curfew was in force. The applicant had waited until the men had left the flat and had followed them, keeping some distance. The group, which consisted of about forty armed men, had walked through the local hospital's yard and then proceeded towards Obyezdnaya Street. When the witness reached the street she saw an APC without registration numbers driving towards the Russian military checkpoint. The applicant returned home. Early in the morning of 12 April 2002 she had gone to the VOVD, the military commander's office and the prosecutor's office. All these law enforcement agencies had denied any involvement in the abduction of Ibragim Uruskhanov. The applicant further stated that on the night of the abduction her son had been wearing a black sheepskin coat, a black T-shirt, a brown pullover, dark trousers, dark blue underpants, blue socks and black leather slippers. In May 2002 the applicant had found out that in the Chernorechenskiy forest human remains had been found. Residents of the nearby village of Goyty had collected remains of two bodies, while pieces of clothing and a slipper had remaine



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