Постановление Европейского суда по правам человека от 09.04.2009 «Дело Докаев и другие (Dokayev and others) против России» [англ.]

Dokayev's relative were granted victim status in the criminal proceedings.
49. On 20 January 2003 criminal cases No. 52161 and No. 52158, opened in connection with the abduction of Isa, Dokayev Ruslan Askhabov and Isa Dubayev, were joined in one criminal case. The case file was assigned the number 52158. The Government further stated "criminal case No. 40084 has nothing to do with criminal case No. 52158" and "no criminal case under No. 19045 is being investigated by the prosecutors' offices in Chechnya".
50. On 9 and 21 January 2003 and other dates, the investigators forwarded forty requests to various law enforcement agencies in Chechnya, including the departments of the interior, the prosecutors' offices, the military commanders' offices of different levels and the detention centre in Vladikavkaz, Northern Ossetia. The investigators requested to be informed whether these agencies had detained the missing men and whether the latter had been suspended of involvement in illegal activities. According to the responses, the missing men had not been detained on criminal or administrative charges; they had never been prosecuted or put on the wanted list; they had not been suspected of participation in illegal armed groups and their corpses had not been found.
51. On 27 January 2003 Ruslan Askhabov's aunt, Mrs B.A., was granted victim status in the criminal case and questioned about the circumstances of his abduction. She stated that on 11 December 2002 she had found out from Isa Dokayev's wife that her nephew had been abducted together with Isa Dubayev and Isa Dokayev. According to Isa Dokayev's wife, at about 2 a.m. on 10 December 2002 she had heard their dog barking. Then she had heard shots and the dog had stopped barking. When she had tried to go outside, she had heard another shot and a bullet had stuck in the TV set. After that a group of about five men in white camouflage cloaks and masks had broken into the house. They had made all those present in the house line up along the wall and had taken Ruslan Askhabov, Isa Dubayev and Isa Dokayev away to an unknown destination.
52. On 4 November 2003 the district prosecutor's office received the complaint about the abduction of Isa Dubayev (see paragraph 44 above). On the same date the investigators requested from the Ministry of Defence to inform them whether any special operations had been carried out in the Oktyabrskiy district of Grozny on the night of 10 December 2002. According to the response, military units of the Ministry of Defence had neither participated in special operations on 9 - 10 December 2002 nor detained the missing men.
53. On an unspecified date the investigators questioned the third applicant, who had stated that on the night of 10 December 2002 she and her husband Isa Dokayev had been at home. Two employees of the ROVD, Ruslan Askhabov and Isa Dubayev, had stayed in their house that night. The witness had gone to bed at about 11 p.m.; her husband and his guests had stayed up watching TV. At about 2 a.m. she had heard their dog barking, then machine-gun fire and then the dog had stopped barking. Isa Dokayev had run to the door where he had been met by a group of unidentified armed men in white camouflage clothing. When the men had seen Isa Dubayev's service machine gun, they had run outside and started shooting at the house. Isa Dokayev had shouted to the men to stop the shooting as children were sleeping in the house. Then the men ordered him to throw the machine gun out of the window. After the applicant's husband had done so, five armed men had entered the house. They spoke unaccented Russian among themselves. The men had tied the hands of the applicant's husband and of Ruslan Askhabov and Isa Dubayev behind their backs with adhesive tape. Then they had put black plastic bags over the men's heads and had taken the three men into different rooms. A



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