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Постановление Европейского суда по правам человека от 14.05.2009 «Дело Тайсумов и другие (Taysumov and others) против России» [англ.]





visit Kazbek Taysumov, was also in the courtyard and was about to leave. The first applicant was with the then six-month-old third applicant inside the house. The second applicant was not at home.
10. At about 10.20 p.m. artillery fire commenced from three directions - from the federal military base of Khankala, from the village of Starye Atagi, in which a detachment of the Shali regiment was stationed, and from zone No. 56.
11. The first applicant heard a shell fall and burst near the house. The electricity was cut off. The first applicant took hold of the third applicant, rushed outside and hid in a ditch in the courtyard. Immediately thereafter he saw another shell hit the house and one of the walls collapsed. Part of the house, including the room which the first and third applicants had left a moment before, was ruined.
12. In total 15 to 18 shells were fired; three of them hit the applicants' house. The attack lasted some 20 minutes. When the gunfire ceased, the first applicant started moving slowly across the wreckage-strewn courtyard and stumbled on his daughter-in-law's dead body. She had been hit in the head. The first applicant saw his son nearby. The latter was seriously wounded and died half an hour later. The first applicant did not manage to find his elder granddaughter and shouted to his neighbours for help.
13. When the neighbours arrived, they and the first applicant started searching for other victims. They carefully examined the courtyard using torches. Ayshat Eskirkhanova was found under the ruins not far away from her parents. The three-year-old girl was lethally wounded with several pieces of shrapnel in the abdomen. She died on her way to hospital. Mr D. was found seriously wounded and admitted to hospital. Eventually he survived, but lost his eyesight.
14. As a result of the attack of 7 September 2002 the applicants' house and a KavZ 685 minibus belonging to the first applicant were severely damaged. The applicants submitted a valuation report which had been drawn up by the head of the administration of Chechen-Aul and reflected the poor state of the applicants' property. The applicants further presented a hand-drawn plan of their house indicating the three directions from which the village had been shelled, and photographs of the destroyed house, the minibus and several shell craters around their house. The first applicant examined the shell craters and found several shell fuses. He wrote down the serial numbers of the fuse housings and delivered them to the prosecutor's office. One of the numbers was RGM-216-82.
15. On 8 September 2002 investigators from the prosecutor's office of the Groznenskiy District ("the district prosecutor's office") arrived at Molodezhnaya Street and inspected the scene of the incident and the dead bodies. However, no forensic medical examination of the bodies was performed. Instead the investigators suggested that they should take the bodies with them. The applicants refused and buried Kazbek Taysumov, Zulpat Eskirkhanova and Ayshat Eskirkhanova that same day.
16. On 26 September 2002 medical death certificates were drawn up in respect of Kazbek Taysumov, Zulpat Eskirkhanova and Ayshat Eskirkhanova. The documents stated that they had been killed on 7 September 2002 in the village of Chechen-Aul.
17. On 11 December 2002 the civil registry office of the Groznenskiy District certified the death of the applicants' relatives. The date and place of death were recorded as 7 September 2002, Chechen-Aul.

2. The Government's account

18. The Government submitted that the Prosecutor General's Office had established that at about 9.30 p.m. on 7 September 2002 explosive devices had been detonated in the immediate vicinity of the first applicant's house at Molodezhnaya Street, in the village of Chechen-Aul. The exp



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