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





n and would find out who had taken Lecha Basayev away.
19. Next, at about 7 a.m. on the same morning, the sixth applicant and the first applicant's son went to the house of Mr M., the head of the Urus-Martan district department of the interior (the ROVD). There they met the seventh and eighth applicants, who informed them that on the very same night Russian military servicemen had beaten and taken away their relative, Lema Dikayev. According to the seventh applicant, the military servicemen had arrived at their house in two APCs (armoured personnel carriers) and a military URAL lorry which had been parked next to the building of the village administration. The seventh and eighth applicants told the sixth applicant that the head of the ROVD was still sleeping, so the sixth applicant and his relative returned home.
20. Later on the same morning the second applicant went to the head of the ROVD. The latter promised to her that he would find out who had apprehended Lecha Basayev.
21. Before noon on 6 July 2002 the first applicant went to the ROVD, where in front of the building she met the seventh and eighth applicants and other villagers whose relatives had been detained in Martan-Chu the night before.
22. Some time later the applicants' fellow villager, who worked at the material time for the local police and whose name the applicants did not disclose, told the applicants that in the morning of 6 July 2002 he had seen Lecha Basayev and Lema Dikayev in the building of the ROVD. According to the witness, Lecha Basayev and Lema Dikayev had been sitting in the corridor with their hands tied behind their backs; their eyes and mouths had been taped over with adhesive tape. Four other residents of the village had also been detained at the ROVD: three members of Mr Az.'s family and Mr B. These four men had been released on the afternoon of 6 July 2002.
23. In support of their statements, the applicants of Lecha Basayev's family submitted the following accounts: an account by the first applicant dated 5 February 2004; an account by the seventh applicant dated 9 February 2002; an account by the sixth applicant dated 9 February 2004; an account by Mrs Kh. D. dated 9 February 2002 and an account by the fourth applicant dated 12 February 2004.
b) Abduction of Lema Dikayev and subsequent events
24. On the night of 5 - 6 July 2002 the applicants, Lema Dikayev and his mother, Mrs Dikayeva, were sleeping in their family house at 24 Pionerskaya Street, Martan-Chu. At about 2.00 a.m. on 6 July 2002 twelve armed men in camouflage uniforms and masks broke into the house. The men did not identify themselves. The applicants thought that they were Russian military servicemen as they spoke unaccented Russian. The servicemen pointed their guns at the Dikayevs and ordered them to stay in their beds. They searched the house without producing any warrant.
25. After the search the servicemen took Lema Dikayev out of his bedroom to the corridor, kicked him and beat him with rifle butts. The applicants were kept in their bedrooms, but through the open doors they could see and hear the servicemen beating their relative. The ninth applicant saw the intruders beating her husband and ordering him to open his mouth. The applicants saw him bleeding. They concluded that it was the result of the abdominal sutures' splitting open. When the seventh applicant asked the servicemen where they intended to take Lema, one of them replied to her in Russian that they would see him the next day in the ROVD.
26. The servicemen blindfolded Lema Dikayev and taped his mouth with adhesive tape. They put clothing and shoes on him and tied his arms behind his back. After that they locked the applicants and Mrs Dikayeva in the bedrooms and took Lema Dikayev outside. After Lema Dikayev's beating spots of blood were left on the floor of the corridor.
27. The se



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