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Постановление Европейского суда по правам человека от 22.01.2009 «Дело Заурбекова и Заурбекова (Zaurbekova and Zaurbekova) против России» [англ.]





e hole at the second applicant, who had been awakened by the noise, and ordered her to let them in. As soon as the second applicant opened the door, the men pushed her aside and about 15 of them entered the flat. They were wearing camouflage uniforms and one of them was masked. The men had sniper rifles with optic sights and silencers. According to the second applicant, the men who raided her flat belonged to the Russian federal troops, since they spoke Russian without an accent, had a Slavic appearance, were equipped with military vehicles and were able to circulate freely in Grozny during the curfew.
10. One of the men ordered another one to get the second applicant "out of the way", and the latter put his gun into her mouth. Then he covered the second applicant's mouth with a rag and tied her hands with a rope.
11. The intruders did not introduce themselves or produce any documents to authorise their actions and searched the flat. They forced Isa Zaurbekov, who was asleep in his room, out of bed and ordered him to lie down. The men tied his hands and covered his mouth with adhesive tape. They then ordered the second applicant's brother to produce his identity papers, and the latter indicated that his passport was in his jacket. One of the servicemen showed Isa Zaurbekov's passport to the masked man and asked if that was him. The masked man shook his head in the negative. The former servicemen stated that they would "take [Isa Zaurbekov] away anyway and then find out". Although Isa Zaurbekov was only wearing trousers and a shirt and was barefoot, the men did not allow him to take his overcoat.
12. Before leaving the flat one of the men ordered the second applicant to stay immobile for half an hour if she "wanted to live". However, the one who had tied her up told her quietly that he had made the knot loose so that she could free herself easily. After the men had left, the second applicant managed to untie her hands. She then went out on the balcony and saw about 40 servicemen in the street. There were also three armoured personnel carriers ("APCs"), a white VAZ-2106 Zhiguli car and a UAZ vehicle. They left in the direction of the federal military base in Khankala. The applicants have had no news of Isa Zaurbekov since that date. The second applicant also examined the flat and found out that a computer central processing unit, a number of compact discs and a family photo album were missing.
13. The applicants corroborated their account of events of 11 February 2003 with two eyewitness statements, notably those of Ms M.-M. and Ms D., the second applicant's neighbours. Both women confirmed that on the night of the incident they had seen a group of about 40 men in camouflage uniforms and masks armed with machine guns and that those men had taken away Isa Zaurbekov. Ms M.-M. stated that she had also seen, and Ms D. stated that she had heard the noise of, military vehicles.
(b) The Government's account
14. In the Government's submission, on 11 February 2003, at around 3 a.m., "unidentified persons in camouflage uniforms armed with automatic firearms" had taken Isa Zaurbekov away in an unknown direction from flat No. 49 of the block of flats at 1 Kirov Street. The same persons had "committed a theft" of the Zaurbekovs' property, notably a computer central processing unit, compact discs and a family photo album.

2. The applicants' search for Isa Zaurbekov

15. According to the applicants, on 12 February 2003 they complained in writing about their relative's detention to the Khankala military prosecutor but received no reply. The applicants did not furnish the Court with a copy of their complaint.
16. Following Isa Zaurbekov's detention, the applicants repeatedly applied in person and in writing to various public bodies, including prosecutors at various levels, administrative



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