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Постановление Европейского суда по правам человека от 28.05.2009 «Дело Басаева и другие (Basayeva and others) против России» [англ.]





ema Dikayev would return home.
91. On 2 July 2007 the investigators again questioned the seventh applicant, who stated that at about 4 p.m. on 6 July 2002 she had seen a UAZ vehicle and a VAZ-2107 car leaving the premises of the district military commander's office. Some time later that day she had been told that unidentified persons had arrived at her house. When the seventh applicant had returned home, her father, the eighth applicant, informed her that unidentified men in similar vehicles had searched their house looking for weapons. The applicant had concluded that the unidentified men had arrived in the vehicles she had seen at the military commander's office. According to the applicant, next to the building of the local administration she had seen the APCs in which the abductors had taken away her brother. The applicant further stated that on 8 July 2002 she had been in Urus-Martan when someone had informed her that unidentified persons had arrived at her house and were going to set it on fire; one of them had told the eighth applicant that they were acting in accordance with the order issued by the military commander, Mr G. The applicant and her relative Mr V.Sh. had gone to Mr M., the head of the ROVD, and requested him to stop them. The head of the ROVD had contacted someone on a portable radio and after that he had told the applicant that her house would not be burned down.
92. On an unspecified date the investigators questioned Mr A.K., the head of the local administration, who stated that on the dates specified by the seventh applicant no APCs had been parked next to the administration building.
93. On 3 July 2007 the investigators questioned the applicants' relative Mr V.Sh., who stated that around 8 July 2002 the seventh applicant had asked him to speak to Mr M., the head of the ROVD, as unidentified persons had arrived at her house and were conducting a search. The seventh applicant had not been present during the conversation as she was waiting in the hallway. The head of the ROVD had not contacted anyone by portable radio, but he had promised to help resolve the situation.
94. It appears that on an unspecified date the investigators again questioned Mr M., the head of the ROVD, who provided a statement similar to the one given by Mr V.Sh.
95. According to the Government, the investigation in criminal case No. 61117 was suspended and resumed on several occasions. For instance, the investigation was suspended on 7 July 2007 for failure to establish the identity of the perpetrators and resumed on 15 August 2007 for additional investigative measures to be taken; then it was suspended on 15 September 2007 and resumed on 4 May 2008 for the same reasons.
96. On 16 August 2007 the investigators questioned the eighth applicant, who stated that on the night of 6 July 2002 his son Lema Dikayev had been abducted by a group of men in camouflage uniforms and masks who were armed with automatic weapons. That night the witness had not heard any military vehicles. On the morning of 6 July 2002 he had been told that another resident of Martan-Chu, Lecha Basayev, had also been abducted on the same night. In the afternoon of 6 July 2002, a group of armed servicemen without masks had arrived at his house. One of them had told the witness that according to some information in their possession, a machine gun, an automatic rifle and two grenades had been hidden in the household. After that they had searched the roof and found what they were looking for. The same group of men had returned to the house at some point later and had again searched the household. The witness had spoken to one of the servicemen; however, the witness did not remember that this serviceman had told him that the group was acting under the orders of the military commander, Mr G.
97. On 16 August 2007 the investigators also questioned a resident of Martan-Chu, Mr Yu.I., who state



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