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Постановление Европейского суда по правам человека от 08.01.2009 «Дело Дангаева и Тарамова (Dangayeva and Taramova) против России» [англ.]





out to the courtyard and requested the servicemen to produce identification. The men replied that they were from the military commander's office and were performing an identity check.
9. Saidkhasan Dangayev produced his bailiff's identity card and his service pistol. The servicemen took his card and the gun. While they were examining the identity document, one of them shouted and swore at the first applicant. Saidkhasan Dangayev asked him to mind his language in the presence of women, but received a kick from one of the servicemen. He then rushed into the house and reappeared on the porch with his service machine-gun. One of the servicemen then shot Saidkhasan Dangayev in the arm and chest, whereupon the servicemen ran out of the courtyard with Saidkhasan Dangayev's identity card and pistol.
10. Saidkhasan Dangayev fell to the ground bleeding. The first applicant was unable to transport him to the doctor's because of the curfew. After a few minutes Saidkhasan Dangayev died from blood loss in the courtyard of his house.
11. According to the first applicant, her neighbours had seen her husband's killers arrive at the applicants' house on board UAZ military vehicles. However, they refused to give witness statements as they feared for their safety.
12. The applicants also submitted that either before or after the killing of Saidkhasan Dangayev, the same group of armed men had visited the house of their neighbour, Mr M.
13. In support of their account the applicants submitted two witness statements by the first applicant and copies of the documents received by the applicants from the investigation into Saidkhasan Dangayev's death.

2. Information submitted by the Government

14. The Government submitted that "at about 10.00 p.m. on 23 October 2002 unidentified persons in camouflage uniform and masks, armed with automatic weapons arrived on board a UAZ vehicle at 14 Pogranichnaya Street, Grozny, and committed the murder of S.Kh. Dangayev".
15. Referring to the witness statement the first applicant had given in the investigation into her husband's death the Government noted that on the evening of 23 October 2002 she and her husband had been at home. From the window she had seen several men speaking loudly and using swear words. They had told her that they were from the military commander's office and were conducting an identity check. After she opened the gate seven or eight armed masked men had entered the courtyard. The first applicant's husband had come out of the house carrying a pistol. He had introduced himself to the armed men, showed his bailiff's identity card and asked the men about their identity and the reasons for their visit. In response one of them had kicked him between the legs. He had then gone back into the house before returning with a machine-gun. One of the armed men had shot him. As she had not heard the sound of gunfire, the first applicant thought that the weapon must have been equipped with a silencer. Immediately afterwards the applicant's husband had fallen to the ground and the armed men had left with his bailiff's identity card and service pistol. Meanwhile, the applicant's nephew, Mr Isa D., had picked up the machine-gun and fired a number of shots in the direction of the departing men who had not responded. The first applicant had not heard the noise of car engines or see any cars.
16. The Government noted that the first applicant had failed to inform the investigators that she had been prevented by the curfew from taking her husband to hospital.
17. According to the Government, at about 9.30 p.m. on the same date (23 October 2002) a group of unidentified armed men in camouflage uniforms and masks had broken into the yard of Mr T.M., an engineer from the operational communications unit of the department of the inte



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