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

o. 69481/01, §§ 103 - 109, 27 July 2006). The Court also notes that the conduct of the parties when evidence is being obtained has to be taken into account (see Ireland v. the United Kingdom, 18 January 1978, § 161, Series A No. 25).
68. The Court notes that despite its requests for a copy of the investigation file on the abduction of Ruslan Askhabov, Isa Dubayev and Isa Dokayev, the Government did not produce any of the documents from the file. The Government referred to Article 161 of the Code of Criminal Procedure. The Court observes that in previous cases it has already found this explanation insufficient to justify the withholding of key information requested by the Court (see Imakayeva v. Russia, No. 7615/02, § 123, ECHR 2006-... (extracts)).
69. In view of this and bearing in mind the principles referred to above, the Court finds that it can draw inferences from the Government's conduct in respect of the well-foundedness of the applicants' allegations. The Court will thus proceed to examine crucial elements in the present case that should be taken into account when deciding whether the applicants' relatives can be presumed dead and whether their deaths can be attributed to the authorities.
70. The applicants alleged that the persons who had taken Ruslan Askhabov, Isa Dubayev and Isa Dokayev away on 10 December 2002 and then killed them were State agents.
71. The Government suggested in their submission that the persons who had detained Ruslan Askhabov, Isa Dubayev and Isa Dokayev could be members of paramilitary groups or criminals pursuing a blood feud. However, this allegation was not specific and they did not submit any material to support it. The Court would stress in this regard that the evaluation of the evidence and the establishment of the facts is a matter for the Court, and it is incumbent on it to decide on the evidentiary value of the documents submitted to it (see {Celikbilek} v. Turkey, No. 27693/95, § 71, 31 May 2005).
72. The Court notes that the applicants' allegation is supported by the witness statements produced by them and collected by the investigation. It finds that the fact that a group of armed men in uniform, possibly equipped with military vehicles, was able to move freely through military roadblocks during curfew hours and that they proceeded to check identity documents and take away three persons strongly supports the applicants' allegation that these were State servicemen conducting a security operation. In their application to the authorities the applicants consistently maintained that Ruslan Askhabov, Isa Dubayev and Isa Dokayev had been detained by unknown servicemen and requested the investigation to look into that possibility (see paragraphs 22, 30, 39, 42 above). The domestic investigation also accepted factual assumptions as presented by the applicants and took steps to check whether law enforcement agencies were involved in the kidnapping, but it does not appear that any serious steps were taken in that direction.
73. The Government seemed to question the credibility of the applicants' statements concerning the factual circumstances of the abduction of Ruslan Askhabov, Isa Dubayev and Isa Dokayev (see paragraph 66 above). The Court notes in this respect that no other elements underlying the applicants' submissions of facts have been disputed by the Government. The Government did not provide to the Court the witness statements to which they referred in their submissions. It should also be noted that the Government's allegations regarding the inconsistency of the applicants' accounts about the shooting on the night of the abduction are themselves contradictory (see, for example, paragraphs 45 and 66). The Court also finds that the alleged inconsistencies pointed out by the Government are so insignificant that they cannot cast doubt on the overall credibility of the applicants'



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