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





abductors had belonged to the local law enforcement agencies.
44. On 1 July 2007 the district prosecutor's office replied to the applicant, stating that her request for access to the criminal case file and information about the investigation had been rejected as she, had, inter alia, failed to specify the exact measures to be taken by the investigators.

2. Information submitted by the Government

45. On 29 November 2001 the applicant complained to the district prosecutor's office about her son's abduction.
46. On 12 December 2001 the district prosecutor's office instituted an investigation into Bekkhan Alaudinov's abduction under Article 126 § 2 of the Russian Criminal Code (aggravated kidnapping). The case file was assigned number 25157.
47. On an unspecified date and on 3 November 2003 the investigators questioned the applicant, who stated that on the night of 8 November 2001 she and her sons had been sleeping at home. At about 4.30 a.m. a group of men had knocked at the door. They had introduced themselves as "the police". When the applicant had opened the door, four men had entered the house. One of them was not wearing a mask; they were wearing camouflage uniforms and were armed with machine-guns. One of the men had told the applicant that they were looking for Bekkhan. The applicant had thought that he was a Chechen as he spoke Russian with a Chechen accent. Then the men had taken the applicant's son outside. The applicant had followed the man and Bekkhan for about one block when she had seen a VAZ-2121 ("Нива") car, a blue UAZ car and an armoured URAL lorry. Bekkhan had been placed into the URAL and the vehicle had driven away in the direction of the town market located on Merzoyeva Street in Urus-Martan. According to the applicant, at about noon on 13 November 2001 she had been waiting for someone next to the building of the local military commander's office located across the street from the building of the Urus-Martan district administration when one of the men who had participated in her son's abduction had left the building of the administration. The officer had been walking with two guards. The applicant had recognised him at once as he had been the one who had not been wearing a mask on the night of her son's abduction. When she had asked him where her son had been taken, he had replied "we took him and that's all". After that the officer and his guards had entered the building of the military commander's office.
48. On two unspecified dates the investigators questioned the applicant's other son, Mr Aslanbek Alaudinov. On the first occasion he stated that on the night of 8 November 2001 he, his brother Bekkhan and their mother had been at home. At about 4 a.m. some men had knocked at their door and introduced themselves as "the night police". Three men in camouflage uniform, armed with machine-guns and without masks, had entered the house. The group had consisted of about twenty armed men, the majority of whom had remained in the yard. Those who entered the house had requested the family members to produce their passports. Then the witness and his brother Bekkhan had been taken to the yard and made to stand against the wall for a search. During the search one of the men had asked the witness' name. When the latter had told him that his name was Aslanbek, the man had asked him whether he was "the Bearded Aslanbek". The witness had told him that he was not. After that the men had taken Bekkhan back in the house for 10 - 15 minutes. After that they had left the house and had taken Bekkhan with them. The armed men had told the witness and his mother that they were supposed to obtain information about Bekkhan from the Oktyabrskiy district department of the interior (the Oktyabrskiy ROVD). According to the witness, his mother had run after the perpetrators, but the latter ha



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