Главная страницаZaki.ru законы и право Поиск законов поиск по сайту Каталог документов каталог документов Добавить в избранное добавить сайт Zaki.ru в избранное




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





Chechen-Aul his vehicle was stopped by a group of military servicemen in two APCs. When the lorry stopped one of Abdul-Malik Shakhmurzayev's passengers tried to run away. However, he was caught by the servicemen, who took all three men to Gikalo. From there the men were taken to another place. The lorry was returned to the Shakhmurzayevs. Three days after the arrest Abdul-Malik Shakhmurzayev and his two passengers were handed over to the Urus-Martan FSB. However, when the applicants and their relatives visited the Urus-Martan FSB, an officer had told them that the three men had never been transferred to their department. In August 2001 a man who had been detained in the Urus-Martan FSB at some point prior to August 2001 had told the applicants that he had seen Abdul-Malik Shakhmurzayev in a cell at the Urus-Martan FSB and had even spoken to him.
28. On an unspecified date the investigators questioned Mrs Z.A., Abdul-Malik Shakhmurzayev's sister, who stated that her brother A.-M. Shakhmurzayev had been working as a driver and transporting oil waste products in a ZIL-131 lorry. On 8 February 2001 he went to work. On the same day she found out from residents of Chechen-Aul that he and two other men from their village had been detained by unidentified men in camouflage uniform who were driving around in three APCs. Eyewitnesses had told her that they had seen a group of men in camouflage uniform who had stopped her brother's lorry at the entrance to the village. One of the men had tried to escape, but he was wounded in the leg and caught. The men in APCs put Abdul-Malik Shakhmurzayev, Malik Z. and Gilani M. into one of the APCs and drove away in the direction of the military commander's office in Gikalo, which was in a former canning factory.
29. On an unspecified date the investigators questioned Mrs L.Ya, Mrs M.A. and Mr I.I., all of whom stated that at the beginning of 2001 on the outskirt of Chechen-Aul unidentified persons in camouflage uniform had taken away three of their fellow villagers, Abdul-Malik Shakhmurzayev, Malik Z. and Gilani M.
30. Referring to the report of an officer of the Grozny district department of the interior (the ROVD) the Government submitted that "in 2001 on the premises of the former canning factory [in Gikalo] a unit of the Internal Troops of the Ministry of the Interior had been stationed for some time".
31. The Government also pointed out that the applicants had never informed the domestic authorities about the eyewitnesses to the detention and the alleged beating of Abdul-Malik Shakhmurzayev.

B. The search for Abdul-Malik Shakhmurzayev
and the official investigation into his abduction

1. The applicants' account

32. The first applicant was assisted in the search for her husband by Abdul-Malik Shakhmurzayev's sister. They contacted, both in person and in writing, various official bodies, such as the Chechen administration, military commanders' offices and prosecutors' offices at different levels, describing in detail the circumstances of their relative's abduction and asking for help in establishing his whereabouts. The applicants retained copies of a number of their complaints and submitted them to the Court. The relevant information is summarised below.
33. On 9 June 2001 the district prosecutor's office instituted an investigation into the disappearance of Abdul-Malik Shakhmurzayev under Article 126 § 2 of the Russian Criminal Code (aggravated kidnapping). The case file was assigned No. 19074 (in the submitted documents it is also stated as No. 19127).
34. On 16 and 25 July 2001 the Chechnya prosecutor's office forwarded to the district prosecutor's office letters from the applicants' relative requesting assistance in the search for Abdul-Malik Shakhmurzayev.
35. On 21 March 2003 the militar



> 1 2 ... 3 4 5 6 ... 17 18 19

Поделиться:

Опубликовать в своем блоге livejournal.com
0.1594 с