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





by residents of Duba-Yurt; eight of them were those of the applicants' eight missing relatives. Rope knots were seized from the hands of the bodies and sent for expert examination.
52. On the same date the investigator in charge inspected the crime scene and found the trace of an unidentified motor vehicle and two bullets of 7.62 mm calibre.
53. A number of expert examinations were ordered and performed. According to those examinations, a tyre trace found at the scene of the incident was that of an UAZ vehicle and the two bullets had been fired from a machine-gun. An expert examination of the rope knots found that they had all been of the same type and that it was impossible to establish for which profession the use of such knots was typical. The results of medical forensic examinations of the corpses confirmed that they had multiple gunshots wounds to the heads, chests and extremities and that any of those wounds could be lethal.
54. By a decision of 12 April 2004 the prosecutor of the Shali District ordered that criminal cases Nos. 36025 and 36027 be joined under the former number.
55. On 13 April 2004 the investigating authorities questioned the deputy commander of the consolidated special group of the Federal Security Service, who stated that the group's personnel had not conducted any special operations in Duba-Yurt on 27 March or 8 and 9 April 2004 and had not detained any residents there, and that he had learnt about the abduction of eight residents of Duba-Yurt from the village administration.
56. During a witness interview of 14 April 2004 the commander of military unit No. 75143-1 stated that his personnel did not participate in any special operations, that it was strictly forbidden to his personnel to access any settlement, that there had been no Gazel or UAZ vehicles at the disposal of his military unit and that only one of three armoured personnel carriers belonging to his unit was in working order.
57. On 14 April 2004 the investigating authorities requested the commander of military unit No. 90960 to provide information as to whether armoured personnel carrier No. 80, Gazel vehicles, an UAZ-469 and an UAZ-3962 vehicle were at the disposal of his military unit, and, if so, whether those vehicles had left the territory where the unit had been located in the period from 27 March to 9 April 2004. The commander replied that his unit had only an armoured UAZ-469 vehicle with registration number 0669 KK 21 RUS, and that this vehicle had not left the location of the unit during the indicated period.
58. During a witness interview of 15 April 2004 the commander of military unit No. 90960 stated that there were about a thousand servicemen under his command and that a number of motor vehicles were at the disposal of his unit, namely armoured personnel carrier No. 70, an Ural-4320 truck, Kamaz trucks, a GAZ-66 vehicle, a ZIL-131 vehicle, a creeper tractor and an UAZ-469 car. He further stated that during the period from 27 March to 9 April 2004 the military personnel and vehicles of his unit had not been involved in any special operations in the vicinity of Duba-Yurt and that he had learnt about the killing of several residents of Duba-Yurt from law-enforcement officers. According to the Government, servicemen Z., G. and L. questioned on the same date, made similar oral submissions.
59. In his witness interview of 16 April 2004 the deputy commander of the battalion "West" stated that on 27 March 2004 the battalion's personnel had not received an order, nor pursued any combat mission in the village of Duba-Yurt, and that, according to the battalion's register, no motor and armoured vehicles belonging to the battalion had been used on 26 or 27 March 2004. He also stated that he had learnt about the abduction of eight residents of Duba-Yurt in early April 2004.
60. On the same date the investigating authorities questi



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