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





and sister of Umalat Ayubovich Abayev, born in 1978. Shortly before the events of October 2002 the head of the village administration recommended Umalat Abayev for work as a security guard and described him as a good man who had no connection with illegal or extremist groups and had not otherwise discredited himself. Similar recommendation letters were issued to him by the imam of the village mosque in Chechen-Aul and the local policeman.
29. The Abayev family live in their own house at 29 Partizanskaya Street. In the early hours of 23 October 2002 a group of servicemen arrived at their house in an APC and two UAZ vehicles. They were armed and wearing camouflage uniforms and masks. They forcibly entered the Abayev family house and ordered all the men to come out. The women said that there was only one man in the house, and the soldiers went into the room where Umalat Abayev was sleeping. They raised him from his bed and took him out into the street; he was not permitted to get dressed. When the relatives asked where he was being taken, the servicemen said that they could put questions to the Argun military commander's office and that Abayev would be "checked through a computer" and then released.
30. Then the servicemen searched the house, without producing any documents to justify their actions. According to the applicants, they "turned the whole house upside down", checked the documents and took away some valuables.

5. Detention of four other men on 23 October 2002

31. The applicants submitted that four other men had been detained in Chechen-Aul on the same night: S.Yu., R.Z., M.Zh. and A.Zh. (the latter two are spelled in official documents as M.Dzh. and A.Dzh.). Two days later, on 25 October 2002, M.Zh. and A.Zh. were released. According to the applicants, they said that they had been detained in a cellar but could give no other details of their detention because they had been taken around blindfolded.

6. Information from the Government

32. The Government in their observations did not challenge the facts as presented by the applicants. They stated that it had been established that on 23 October 2002, at about 4 a.m., unidentified persons armed with automatic weapons and wearing camouflage uniforms had kidnapped in Chechen-Aul and taken in an unknown direction M. Shakhgiriyev, A. Magomadov, I. Umarov, U. Abayev, R.Z., M.Zh. (M.Dzh.), A.Zh. (A.Dzh.) and S.Yu. The last-mentioned person had sustained a firearm wound. M.Zh. and A.Zh. had been released later.

B. Search for the men detained on 23 October 2002

33. Immediately after the detention of their family members the applicants and other relatives started to look for them. On 23 October 2002 the first applicant wrote a letter to the Chechnya Prosecutor about the detention of her son and seven other men by armed men in an APC. She also complained about the taking of property and money from her house.
34. On the applicants' behalf letters enquiring about the fate of their relatives were forwarded by a member of the State Duma, Mr Igrunov, and by the NGO "Civic Assistance" to the Chechnya Prosecutor's Office and to the Prosecutor General's Office. On 18 November 2002 the Chechnya Prosecutor's Office informed Civic Assistance that on 26 January 2002 (sic) the Grozny District Prosecutor's Office had opened a criminal investigation into the kidnapping of Mr Abayev and others under Article 126 of the Criminal Code, and that at present the investigation had been adjourned for failure to identify the culprits.

C. Disappearance of three persons on 3 November 2002

35. On 3 November 2002 three men from Chechen-Aul went looking for their missing fellow villagers Aslan Israilov, Khasin Yunusov and Adash A. No complaint was brought in relation to the disappearance



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