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Постановление Европейского суда по правам человека от 23.04.2009 «Дело Алаудинова (Alaudinova) против России» [англ.]





t the applicant's allegation is supported by the witness statements collected by the applicant and by the investigation. It finds that the fact that a large group of armed men in uniform, equipped with military vehicles, was able to move freely through military roadblocks during curfew hours and proceeded to check identity documents strongly supports the applicant's allegation that these were State servicemen conducting a security operation. In her complaints to the authorities the applicant consistently maintained that Bekkhan Alaudinov had been detained by unknown servicemen and requested the investigation to look into that possibility (see paragraphs 23, 37, 42 above). The domestic investigation also accepted the version of the facts presented by the applicant and took steps to check whether law enforcement agencies or military servicemen had been involved in the kidnapping (see paragraphs 34, 41 above), but it does not appear that any serious steps were taken in that direction.
77. The Court observes that where the applicant makes out a prima facie case and the Court is prevented from reaching factual conclusions owing to a lack of documents, it is for the Government to argue conclusively why the documents in question cannot serve to corroborate the allegations made by the applicant, or to provide a satisfactory and convincing explanation of how the events in question occurred. The burden of proof is thus shifted to the Government and if they fail in their arguments, issues will arise under Article 2 and/or Article 3 (see {Togcu} v. Turkey, No. 27601/95, § 95, 31 May 2005, and Akkum and Others v. Turkey, No. 21894/93, § 211, ECHR 2005-II).
78. The Government appear to raise doubts as to the credibility of the applicant's and witnesses' statements concerning the factual circumstances surrounding Bekkhan Alaudinov's abduction (see paragraph 70 above). The Court notes in this connection that the crucial elements underlying the applicant's submissions as to the facts have not been disputed by the Government. The Government did not dispute that the abduction of the applicant's son had actually been committed by a group of armed men in military vehicles at the time stated by the applicant. This fact was confirmed by the official investigation conducted by the district prosecutor's office and by the local court (see paragraphs 52, 55, 60 above). The Court finds that the inconsistencies pointed out by the Government in the applicant's description of the events are so insignificant that they cannot cast doubt on the overall credibility of the applicant's submission.
79. Taking into account the above elements, the Court is satisfied that the applicant has made a prima facie case that her son was apprehended by State servicemen. The Government's statement that the investigation did not find any evidence to support the involvement of the special forces in the kidnapping is insufficient to discharge them from the above-mentioned burden of proof. Drawing inferences from the Government's failure to submit the documents which were in their exclusive possession or to provide another plausible explanation of the events in question, the Court considers that Bekkhan Alaudinov was apprehended on 8 November 2001 by State servicemen during an unacknowledged security operation.
80. There has been no reliable news of Bekkhan Alaudinov since the date of his abduction. His name has not been found in any official detention facilities' records. Finally, the Government did not submit any explanation as to what had happened to him after his arrest.
81. Having regard to the previous cases concerning disappearances of people in Chechnya which have come before the Court (see, among others, Bazorkina, cited above; Imakayeva, cited above; Luluyev and Others v. Russia, No. 69480/01, ECHR 2006-... (extracts); Baysayeva v. Russia, No. 74237/01, 5 A



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