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





d opened gunfire over her head and she had returned home. At some point later the investigators questioned the witness for the second time. He additionally stated that when he and his brother Bekkhan had been taken to the yard by the armed men, one of them had told him to get down on his knees. The man had spoken Russian with a Chechen accent. When the witness had told him that he had a problem with his legs and that he was unable to get on his knees, the man had threatened to shoot him. When the witness' mother had asked the men where they were taking Bekkhan, they had told her that she would need to contact the Leninskiy ROVD or the Zavodskoy ROVD to obtain such information. According to the witness, he would be able to identify one of the men who had abducted his brother. The abductors, who did not have any insignia on their uniforms, had left in a white VAZ-2121 car and URAL and ZIL vehicles without registration numbers. According to the witness, his brother Bekkhan had been abducted in connection with the investigation he had been conducting concerning the death of their uncle in 2000. On a number of occasions unidentified persons had placed notes threatening Bekkhan with retaliation if he persisted in his investigation. The witness also stated that a man named Rustam had informed him that for three days he had been detained in the local military commander's office together with Bekkhan Alaudinov. According to the witness, his brother had not participated in illegal armed groups. No other information has been submitted in respect of the second questioning.
49. On an unspecified date the investigators questioned the applicant's neighbour, Mrs Z.S., who stated that on the night of 8 November 2001 she had been at home. At about 4 a.m. she had heard gunshots outside. From her window she had seen an APC (armoured personnel carrier) driving by her house. After that the witness had gone out to the yard and heard screams from the yard of her neighbours, the Alaudinovs. She had been afraid to leave the house as the town had been under a curfew. On the following morning she had found out that Bekkhan Alaudinov had been taken away.
50. On an unspecified date the investigators questioned the applicant's neighbour, Mr S.M. who stated that on the night of 8 November 2001 he had been at home. At about 4 a.m. he had heard gunshots and screams coming from the direction of the Alaudinovs' house. The following morning he had found out that Bekkhan Alaudinov had been taken away.
51. On an unspecified date the investigators questioned the applicant's neighbour, Mrs A.M. who stated that on the night of 8 November 2001 she had been at home. At about 4.30 a.m. she had been woken up by screams coming from outside. The witness had heard her neighbour, Mrs L. Alaudinova crying and saying that her son Bekkhan Alaudinov had been taken away. Then the witness had heard an APC passing by her house and gunshots. She had been afraid and decided not to leave the house due to the curfew. In the morning she had found out that Bekkhan Alaudinov had been taken away.
52. On 28 August and 15 September 2004 the investigators requested that the Urus-Martan ROVD identify the VAZ-2121, UAZ and URAL vehicles which had been used in the abduction of Bekkhan Alaudinov and the identity of the unmasked officer who had participated in the abduction. According to the ROVD's replies of 6 September and 11 October 2004, it was impossible to identify the vehicles or the officer.
53. The Government submitted that on unspecified dates the investigators had sent 33 queries to various State bodies requesting information as to whether these agencies had arrested or detained Bekkhan Alaudinov and whether any special operations had been conducted in respect of him. According to the responses received on various dates from the Urus-Martan ROVD, various district prosecutors' offices and district mi



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