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





to account. The Government have not given any version of events differing from the one presented by the applicants.
152. The Court finds that the facts of the present case strongly suggest that the deaths of these detainees were part of the same sequence of events as their apprehension and support the assumption that they were extrajudicially executed by State agents. In these circumstances, the Court finds that the State bears the responsibility for the deaths of the applicants' four relatives.
153. For the above reasons the Court considers that it has been established beyond reasonable doubt that Magomed Shakhgiriyev, Ali Magomadov, Ismail Umarov and Umalat Abayev were killed following their unacknowledged detention by State servicemen.

2. As regards Aslan Israilov and Khasin Yunusov

154. The applicants likewise submitted that Aslan Israilov and Khasin Yunusov had been unlawfully detained by State servicemen on 3 November 2002, allegedly in Grozny. They had later been killed by the same servicemen and their bodies had been found in the vicinity of the Khankala military base. The Government regarded this version as unfounded. They reiterated that the applicants had not given this information to the investigation and that Khasin Yunusov's death had been found to be linked to his professional activities as a member of the police force.
155. The Court observes that it has found the Russian State authorities responsible for extrajudicial executions or disappearances of civilians in the Chechen Republic in a number of cases, even in the absence of final conclusions from the domestic investigation (see, among other examples, Bazorkina, cited above; Imakayeva, cited above; Luluyev and Others v. Russia, No. 69480/01, ECHR 2006-XIII; Baysayeva v. Russia, No. 74237/01, 5 April 2007; Akhmadova and Sadulayeva v. Russia, cited above; and Alikhadzhiyeva v. Russia, No. 68007/01, 5 July 2007). It has done so primarily on the basis of witness statements and other documents attesting to the presence of military or security personnel in the area concerned at the relevant time. It has relied on references to military vehicles and equipment, on other information on security operations and on the undisputed effective control of the areas in question by the Russian military. On that basis, it has concluded that the areas in question were "within the exclusive control of the authorities of the State" in view of the military or security operations being conducted there and the presence of servicemen (see, mutatis mutandis, Akkum and Others, cited above, § 211, and Zubayrayev v. Russia, No. 67797/01, § 82, 10 January 2008).
156. However, in the present case the Court has little evidence on which to draw such conclusions. The only verifiable information about the applicant's two relatives indicates that they were last seen in the afternoon of 3 November 2002 on the road between Grozny and Tolstoy-Yurt. The exact circumstances or the timing of their alleged abduction and death have not been elucidated.
157. The Court notes that some information about the alleged detention of the applicants' two relatives on 3 November 2002 was indeed communicated by them to the authorities. In particular, the undated letter from the village authorities and the letter of 7 November 2002 from the seventh applicant stated that the three men had been illegally arrested in Minutka Square in Grozny and that they had been detained in the Khankala military base (see paragraphs 66 and 67 above). However, the applicants could not point to any more specific information concerning the alleged kidnapping. They themselves were not eyewitnesses to the events, and no witnesses were ever identified by them or by the investigation. The seventh applicant's letter referred to "rumours" as the basis of her suspicion that her husband had been detained in the Khankala military



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