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Постановление Европейского суда по правам человека от 08.01.2009 «Дело Шахгириева и другие (Shakhgiriyeva and others) против России» [англ.]





atus. On an unspecified date M.Zh. was also questioned and granted victim status. He stated that on that date a group of about 30 armed men had entered their courtyard, checked their documents and ordered them to lie on the ground in the courtyard. Then he had been blindfolded and placed in a car, together with some other fellow villagers, including his neighbour Ali Magomadov. He, Ali Magomadov and four other persons from their village had been kept in a former bath house for two days. Then everyone except for himself and A.Zh. had been taken away and he and A.Zh. had been released and had returned home. Later he had learnt that other persons who had been kidnapped had been found dead. On 11 January 2006 M.Zh. brought a civil claim, in the same proceedings, relating to the theft of his property.
96. A.Zh. was questioned on 9 November 2002 and granted victim status. He was again questioned on 1 December 2005. He stated that in the evening of 23 October 2002 he had been coming home and had been stopped in the street by unknown armed persons. He had been taken to an unknown location, where he had stayed for three days. He had not been ill-treated.
97. According to the Government, the investigators also questioned relatives and neighbours of S.Yu., who had also been kidnapped on 23 October 2002 and whose whereabouts had not been established. Some of the witnesses referred to the UAZ vehicles used by the perpetrators. His relatives explained that a large group of armed men in camouflage uniforms had entered their house, asked if they had any weapons, beaten up three brothers from the Yu. family and when one of them, S.Yu., had tried to escape, had shot at him and wounded him. He had been dragged into the UAZ vehicle and driven away. The same men, who had spoken Russian and Chechen among themselves, had taken 500 United States dollars from their house. His mother had been granted victim status on 25 December 2002.
98. Furthermore, the Government stated that the identity and place of residence of the eighth person kidnapped on that day, R.Z., could not be established. No one had applied to the law-enforcement authorities in relation to his kidnapping and his relatives could not be identified.
99. Among the documents submitted by the Government, one witness statement made in April 2006 by a neighbour of the Shakhgiriyevs, I.S., contained the following information:
"At about 2 - 3 a.m. on 23 October 2002 I was at home and heard noise in the street. I looked outside and saw men running around wearing camouflage uniforms. I didn't go out, because we are afraid of the military. In the morning I learnt that during the night masked men in military camouflage uniforms had come to the Shakhgiriyevs' house. They came in one APC and two or three UAZ cars. The military broke the gates with the APC and entered into the courtyard. They did not let anyone enter. There were more than 25 of them, all armed with automatic weapons. They took away [seven men] from our village. They collected them from all over Chechen-Aul.... The men in camouflage uniforms carried out their operation in ten or 15 minutes, i.e. they broke the gates, took the men and left. They spoke Russian among themselves. I did not note the numbers on the cars and vehicles...."
100. From the documents submitted by the Government and from their observations, it follows that in 2006, within the same set of criminal proceedings, the investigators questioned and granted victim status to other persons whose property had been damaged on 23 October 2002. On 10 January 2006 the Grozny District Prosecutor's Office granted victim status and the status of civil claimant to Zhabrail Kh. on the following grounds:
"It has been established that on 23 October 2002 at about 3 a.m. in the village of Chechen-Aul in the Grozny district, in the course of a special operation being carried out in the said village, the serv



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