of the fight were also outlined in certain decisions and letters by the prosecuting authorities, made available to the Court in relation to the case of Arzu Akhmadova and Others v. Russia, No. 13670/03, but not in much more detail. However, no documents pertaining to the conduct of the special operation as a whole and of this fight in particular have been submitted to the Court. No military reports on the conduct of the fight with a detailed description of the circumstances which warranted the use of lethal force, orders made in this respect and actions of the servicemen have been made available to the Court. No records of questioning of servicemen who took part in the fight, if such questioning ever took place, have been presented either. Such scarce information on the circumstances in which, according to the Government, Mr Ismail Dzhamayev was killed clearly could not constitute sufficient justification for the use of lethal force.
91. In particular, the Government submitted that on 9 March 2002 a group of servicemen was fired at from a car that was approaching a checkpoint within three kilometres of Stariye Atagi. As the servicemen fired back, the car was set on fire and the three members of illegal armed groups in it were killed. The letter of the Prosecutor's Office of the Chechen Republic of 7 April 2002 stated in this respect that on 9 March 2002 a VAZ 21099 car had approached a checkpoint of military unit No. 3179 situated about 4 km away from the outskirts of Stariye Atagi on the road between Chechen-Aul and Stariye Atagi. In response to the order to stop the car and produce identity papers, shots had been fired from the car. During the shoot-out four passengers had been killed and the car had been burnt. In the course of the subsequent examination of the car the remains of an AKM machine gun, a hand grenade launcher and RGD-5 grenades without fuses had been found and seized. According to the letter of the military prosecutor of military unit No. 20102 of 21 August 2002, at around 3 p.m. on the date in question a VAZ 21099 car had approached the servicemen of military unit No. 3228. In reply to their order to stop, machine-gun fire had been opened from the car. The servicemen had opened return fire which had set the car on fire. Subsequently three burnt corpses of unidentified persons had been found in it. The decision of the Military Prosecutor's Office of the UGA to suspend the investigation of 19 March 2004 stated, inter alia, that at around 4 p.m. on 9 March 2002 in Stariye Atagi servicemen of the unit 1 pSpN had killed three members of the illegal armed group who had been in a car and resisted with arms. In the decision of the Military Prosecutor's Office of the UGA of 9 September 2006 to conduct a forensic examination it was noted that in the course of the special operation conducted in Stariye Atagi a red VAZ 21099 car with members of an illegal armed group in it had been burnt and crushed by an APC.
92. The Court notes the discrepancies contained in the Government's submissions and the letters and decisions of the prosecuting authorities concerning the number of persons killed in the car on 9 March 2002. It further observes that, as can be seen from the information submitted, the fire was opened from the car which disregarded the servicemen's order to stop and present identity papers. The Court accepts that the opened fire must have posed a danger to the lives of the servicemen at the checkpoint and might have warranted the use of arms in response. However, the information available does not permit it to establish conclusively which weapons were used by the servicemen and which particular actions led to the death of Mr Ismail Dzhamayev, thus precluding the Court from finding that the use of lethal force was in compliance with Article 2 of the Convention. It notes, in particular, that it follows from the decision of the Military Prosecutor's Office of the UGA of
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