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





of Adash A.
36. The sixth applicant is the wife of Aslan Ramzanovich Israilov, born in 1972 (she is also the sister of Umalat Abayev, who was detained on 23 October 2002). Aslan Israilov was a graduate of the Teachers' Institute and a teacher in a local sports school. He had three minor children, who in 2002 were aged between 1 and 10, from his marriage to the sixth applicant.
37. The seventh applicant is the sister of Khasin Gelaniyevich Yunusov, born in 1971. Khasin Yunusov was a sub-lieutenant in the police force and served in the Grozny district department of the interior (ROVD).
38. The applicants submitted that Khasin Yunusov as a policeman had obtained information that the detained men might be held in Khankala, the main Russian military base in Chechnya. On 3 November 2002 the three men left in the morning in Khasin Yunusov's Gazel utility vehicle and went to Khankala in order to meet a man named "Ilyas" who had allegedly worked for the Main Military Intelligence Department of the Army (GRU) and who could help them to find the persons detained on 23 October 2002. Later on the same day they met the head of the village administration of Chechen-Aul, Saypudin Ts., in a {cafe} by the roadside. Mr Ts. later recounted to the applicants that the three men had told him that they had not found "Ilyas" in Khankala and had headed to his house in the village of Tolstoy-Yurt, but that they would return to Khankala by 3 p.m. on the same day because they had arranged for a meeting there. The seventh applicant later talked to the women who had served in the {cafe}, who confirmed that the three men had eaten there, that they had said that they were in a hurry and that they were going to Khankala.
39. The applicants submitted that on 3 November 2002 a military helicopter had been downed above Khankala. They submitted a number of press and human rights groups' reports, according to which that day the military, in response to the attack, had detained a large number of people on the road, had blown up three five-storey buildings from where the rocket could have been fired and had shelled the village of Prigorodnoye near the airport.
40. Later the applicants learned from unnamed local residents that their three relatives could have been detained on 3 November 2002 at a roadblock in Minutka Square in Grozny. According to this information, a group of servicemen had arrived at the roadblock in an APC and a GAZ vehicle and had taken three men and a Gazel vehicle away. The applicants did not submit any additional information on this matter.
41. The Government in their observations did not challenge the principal facts as presented by the applicants. They stated that it had been established that on 3 November 2002 Khasin Yunusov had left home in his own Gazel vehicle in an unknown direction, accompanied by his friends Aslan Israilov and Adash A. They had never returned. The Government also stated that the applicants had never informed any State bodies of the fact that their relatives had been detained in Minutka Square.

D. Discovery of five bodies
on 8 November 2002 and the investigation

42. According to the applicants, on 8 November 2002 five male bodies were discovered by the local residents in the forest near the village of Vinogradnoye, in the Grozny district, near the road to Tolstoy-Yurt. The bodies were delivered to the mosque of Tolstoy-Yurt. On 9 November 2002 several relatives of the persons missing since 23 October 2002 travelled there and identified them as the five men who had been detained in Chechen-Aul: Magomed Shakhgiriyev, Ali Magomadov, Ismail Umarov, Umalat Abayev and R.Z. The body of the sixth person detained on that night, S.Yu., has never been found and he is still considered missing. On the same day the five bodies were brought to Chechen-Aul and buried.
43. According to the Government, t



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