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Постановление Европейского суда по правам человека от 22.01.2009 «Дело Долсаев и другие (Dolsayev and others) против России» [англ.]





d the end of November 2002, in the morning, the second and fourth applicants were together at a market in Urus-Martan. There they saw a Russian soldier holding the knife which had been taken away by the abductors of their relatives. The applicants recognised the knife by its shape and the black handle. They followed the soldier to the town's central square. There they met the first applicant and told him about the soldier. The latter was standing next to a group of parked APCs and military Ural vehicles. At that moment the first applicant saw an acquaintance of his who was a police officer, Captain T.Sh. The first applicant told him about his sons' abduction and asked whether he could arrest the soldier. Mr T.Sh. told the applicant that the police did not have the jurisdiction to arrest military personnel.
19. According to the second applicant, in August 2003 she provided this information to the authorities investigating her sons' abduction. She did not mention to them that she had been together with her younger son when she had seen the soldier as she feared for her son's safety. The first applicant also provided the investigators with a statement concerning the events in question.
20. In support of their application the applicants submitted a number of documents, including the following: witness statements provided by the first applicant on 20 May 2003, 13 July 2003 and on an unspecified date; witness statements provided by the second applicant on 20 May 2003 and on an unspecified date; a witness statement by the applicants' neighbour Mr S.A., provided on an unspecified date; a witness statement by the applicants' neighbour Mr A.S., provided on an unspecified date; a witness statement by the applicants' relative Ms Z.G., provided on 20 May 2003; four character references for Beslan Dolsayev, provided by the Zavodskoy ROVD, the Urus-Martan ROVD and the Martan-Chu village administration on 25 July 2002 and on unspecified dates; a copy of the newspaper announcement introducing a curfew in the Urus-Martan district as of 25 September 2001; four statements certifying that Beslan, Rizvan, Rizavdi and Shuddi Dolsayev did not participate in military clashes in Chechnya, all dated 22 May 2003; character references for Rizvan, Rizavdi and Shuddi Dolsayev, all undated; three hand-drawn maps of the premises of the applicants' house; and copies of documents received by the applicants from the investigating authorities.

2. Information submitted by the Government

(a) Abduction of the Dolsayev brothers
21. The Government did not challenge most of the facts as submitted by the applicants. According to the Government, "at about 4 a.m. on 21 October 2002 unidentified persons armed with automatic weapons arrived at the village of Martan-Chu in the Urus-Martan district of Chechnya and took Beslan, Rizvan, Rizavdi and Shuddi Dolsayev away from their house".
22. At the same time the Government contended that the applicants' statement of facts was unreliable. In particular, they pointed out that according to the first applicant's witness statement of 2 November 2002, the abductors had locked him in a room with his younger son Adam. However, several years later the applicant changed his testimony. In his witness statement provided on 16 May 2007 the applicant stated that he had been locked by the abductors in a room with his son Shamil and that he had heard one of the intruders saying to the others in Russian: "The commander said to leave Shamil [here] as he is an invalid".
23. The Government further pointed out that the applicants had not been sure about the precise number of intruders who had broken into their house on 21 October 2002 as in their statements the number varied from 10 to 25. In addition, the applicants had been inconsistent in their descriptions of the abductors' behaviour: the first appli



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