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





eeded to the room of Lema Dikayev. When the eighth applicant had asked the men where they were taking Lema Dikayev, they replied that if he wanted to see his son he would need to exchange him for a machine gun. After that they had taken Lema outside, put him in an APC and had driven away in an unknown direction. According to the witness, on 8 July 2002 she had spoken to the district military commander who had told her that her brother Lema Dikayev had been detained at the request of the head of the ROVD and the head of the local administration, as they suspected that Lema Dikayev had been involved in the murder of Mr Kh.T.
85. On an unspecified date the investigators questioned the ninth applicant, who stated that at about 2 a.m. on 6 July 2002 a group of armed men in camouflage uniforms had broken into their house. The men had immediately gone to the room where she and her husband had been sleeping. The men had started beating Lema Dikayev with rifle butts. After that they had ordered the witness to bring her husband's passport. However, then they had stopped her and told her that they would take the documents themselves. After that they had searched the house for about half an hour. Having finished the search the men had covered her husband's eyes and mouth with adhesive tape and bound his hands. They had told the witness that they would release her husband after receiving answers to some questions. The intruders, who spoke unaccented Russian, had ordered the family members to stay in the house, threatening to throw a grenade inside if the applicants disobeyed. According to the witness, she had heard the sounds of armoured vehicles parked next to the house.
86. On 7 June 2007 the district prosecutor's office together with the ROVD and other law enforcement agencies drew up a plan of investigative measures to be taken in criminal case No. 61117. However, the investigators failed to obtain any relevant information with this plan.
87. On 8 June 2007 the investigators requested that detention centres in various regions of the Northern Caucasus inform them whether Lecha Basayev and Lema Dikayev were detained on their premises. According to the responses, the missing men had never been detained in any of the detention centres.
88. On 11 June 2007 the investigators questioned Mr A.Sh., Lema Dikayev's neighbour, who stated that on the night of the abduction at about 2 a.m. he had heard a car engine. He had gone to his gate when an armed masked man in camouflage uniform had appeared in front of him. The man had pointed his machine gun at him and ordered to get inside. According to the witness, at that moment he had seen a group of five to six armed men in masks and camouflage uniforms walk by his house in the direction of Pochtovaya Street. The witness had got scared and gone inside where he stayed until the morning. Early in the morning he had found out from Mrs S.D., Lema Dikayev's relative, that Lema Dikayev and another resident of Martan-Chu, Lecha Basayev, had been abducted that night.
89. Between 14 and 28 June 2007 the investigators questioned five other residents of Martan-Chu, Mr S.A., Mr A.E., Mr A.Sh., Mr A.A. and Mr B.Sh., each of whom stated that they had found out about the abduction on the morning of 6 July 2002.
90. On 28 June 2007 the investigators questioned Mr M., who had been the head of the ROVD at the material time. According to the witness, in July 2002 he had been informed that a group of unidentified armed men had abducted two residents of Martan-Chu, Lecha Basayev and Lema Dikayev. He did not remember that on 6 July 2002 the seventh applicant had told him that on 6 July 2002 her brother Lema Dikayev had been seen detained in the ROVD and that on 8 July 2002 she had requested assistance in the search for her brother. According to the witness, he had not told the applicant that if she was patient for a year, then her brother L



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