checkpoints without being noticed.
93. The Court observes that the first applicant informed the investigators that she had seen Vakha Saydaliyev being placed by armed men inside an Ural vehicle (see paragraph 51 above). Several witnesses confirmed her account of events (see paragraph 55 above).
94. Furthermore, the ROVD officer confirmed in writing that the applicants' relative had been taken away by the Russian military (see paragraph 27 above). The Court is not persuaded that the applicants in any manner forced Mr S. to do so. It takes note of the Government's explanation that Mr S. was not entitled to issue the certificate of 24 April 2003 (see paragraph 79 above). Nonetheless, it considers this document valid evidence in support of the applicants' allegations.
95. The Court also notes that the applicants' neighbour informed the investigators that he had been abducted by armed men on the following day after Vakha Saydaliyev's kidnapping and asked questions about insurgents, which could support the hypothesis that a special security operation had been carried out in the village of Serzhen-Yurt (see paragraph 61 above).
96. The domestic investigation accepted factual assumptions as presented by the applicants and took steps to check whether law-enforcement agencies were involved in the kidnapping (see paragraphs 26, 39 - 40 and 58 above).
97. The Court finds therefore that the fact that a large group of armed men in uniform travelling in the APCs and the Ural vehicle in broad daylight was able to circulate throughout the village and to arrive at the house in which a considerable number of villagers were gathered strongly supports the applicants' allegation that these were State servicemen conducting a security operation.
98. The Court observes that where the applicants make out a prima facie case and the Court is prevented from reaching factual conclusions owing to a lack of documents, it is for the Government to argue conclusively why the documents in question cannot serve to corroborate the allegations made by the applicants, or to provide a satisfactory and convincing explanation of how the events in question occurred. The burden of proof is thus shifted to the Government and if they fail in their arguments, issues will arise under Article 2 and/or Article 3 (see {Togcu} v. Turkey, No. 27601/95, § 95, 31 May 2005, and Akkum and Others v. Turkey, No. 21894/93, § 211, ECHR 2005-II).
99. Taking into account the above elements, the Court is satisfied that the applicants have made a prima facie case that their relative was abducted by State servicemen. The Government's statement that the investigation did not find any evidence to support the involvement of the special forces in the kidnapping is insufficient to discharge them from the above-mentioned burden of proof. Drawing inferences from the Government's failure to submit the documents which were in their exclusive possession or to provide another plausible explanation of the events in question, the Court considers that Vakha Saydaliyev was abducted on 16 April 2002 by State servicemen during an unacknowledged security operation.
100. There has been no reliable news of Vakha Saydaliyev since the date of the kidnapping. His name has not been found in any official detention facilities' records. Finally, the Government did not submit any explanation as to what had happened to him after his abduction.
101. Having regard to the previous cases concerning disappearances of persons in the Chechen Republic which have come before the Court (see, among others, Imakayeva, cited above; Luluyev and Others v. Russia, No. 69480/01, ECHR 2006-... (extracts); Baysayeva v. Russia, No. 74237/01, 5 April 2007; Akhmadova and Sadulayeva, cited above; and Alikhadzhiyeva v. Russia, No. 68007/01, 5 July 2007), the Court considers that in the context of the conflict i
> 1 2 3 ... 9 10 11 ... 18 19 20
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
