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Постановление Европейского суда по правам человека от 23.04.2009 «Дело Битиева и другие (Bitiyeva and others) против России» [англ.]





sident, told the applicants that the eight missing men were "drinking tea" at the federal military base in Khankala and promised that they would be released. Mr P., a military prosecutor whom the applicants met at the office of the Special Envoy of the Russian President in Chechnya for Rights and Freedoms, initially confirmed that the eight men had been kept at the Khankala base but later said that he knew nothing about the fate of those missing. The applicants overheard Mr K., an investigator of the prosecutor's office of the Shali District, talking to a military prosecutor's office via a radio transmitter. Mr K. allegedly said that the two Khadzhimuradov brothers would be released immediately and the others on the following day. According to the applicants, several officials told them that the eight abducted men would be released by 9 April 2004. The applicants submitted that they had no documentary evidence to confirm that they had, indeed, had the above-mentioned conversations with State officials. According to the Government, the applicants never informed the investigating authorities about their contacts with State officials.
28. In the applicants' submission, they received via unofficial channels an unsigned and undated document entitled "KUS-332. The Shali District. Kidnapping" ("КУС-332. Шалинский район. Похищение человека"), which apparently represented an extract from the register of crime reporting (книга учета сообщений о преступлениях - "KUS") of the district office of the interior. According to the document, a copy of which the applicants submitted to the Court, at 9 p.m. on 29 March 2004 a duty unit of the district office of the interior had been informed by an unspecified prosecutor's office that eight inhabitants of Duba-Yurt had been apprehended by unidentified military servicemen driving armoured personnel carriers and UAZ off-road vehicles. Three officers, Mr K., Mr G. and Mr M., had carried out an inquiry and established that those missing had been detained in Khankala. According to the Government, there was no such document in the file of the investigation instituted into the abduction; however, on 29 March 2004 record No. 148 was entered in the KUS confirming the abduction on 27 March 2004 of the applicants' eight relatives. In the Government's submission, there was no other information, in particular any data concerning the location of those missing, in the record.

3. Discovery of dead bodies

29. On 9 April 2004 an unidentified person discovered nine dead bodies near the village of Serzhen-Yurt in the Shali District; eight of them were those of the applicants' missing relatives. On the same day the same person reported the event to the police. The corpses were transported to the district office of the interior.
30. At about 3 or 4 p.m. on 9 April 2004 the applicants heard a rumour that their relatives had been found dead. By the time they arrived at the district office of the interior the police had examined and photographed the corpses. The applicants collected their relatives' dead bodies in the evening of 9 April 2004 and buried them on the following day.
31. According to the applicants, Lechi Shaipov had sixteen gunshot wounds to the body and three to the head; Sharip Elmurzayev's body had several gunshot wounds and was burned, and the left eye was missing; Isa Khadzhimuradov's body was mutilated; Bayali Elmurzayev's body was mutilated to the extent that it was hardly recognisable and bore nineteen or twenty gunshot wounds; there were nineteen gunshot wounds to Zelimkhan Osmayev's body.
32. On 29 April 2004 the Shali District Hospital issued three medical certificates of death in respect of Lechi Shaipov, Sharip Elmurzayev and Isa Khadzhimuradov. According to those certificates, each of the three men was murdered on 9 April 2004. Lechi Shaipov died of traumat



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