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Постановление Европейского суда по правам человека от 22.07.2010 <Дело Ахматхановы (Akhmatkhanovy) против России» [англ.]



(Application No. 20147/07)


(Strasbourg, 22.VII.2010)

<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Akhmatkhanovy v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 1 July 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 20147/07) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by four Russian nationals listed below.
2. The applicants were represented by lawyers of the Stichting Russian Justice Initiative ("SRJI"), an NGO based in the Netherlands with a representative office in Russia. The Russian Government ("the Government") were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
3. On 9 March 2009 the Court decided to apply Rule 41 of the Rules of Court and to grant priority treatment to the application and to give notice of the application to the Government. Under the provisions of Article 29 § 1 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.


I. The circumstances of the case

4. The applicants are:
1) Ms Bilat Akhmatkhanova, who was born in 1956,
2) Mr Sharpudi Akhmatkhanov, who was born in 1952,
3) Ms Toita Akhmatkhanova, who was born in 1989, and
4) Ms Taisa Akhmatova, who was born in 1986.
The applicants live in Shali, Chechnya. The first and the second applicants are the parents of Artur Akhmatkhanov (also spelled Akhmetkhanov), who was born in 1980. The third applicant is his sister and the fourth applicant is his wife.
5. The facts of the case, as submitted by the parties, may be summarised as follows.

A. Disappearance of Artur Akhmatkhanov

1. The applicants' account

6. At the material time Artur Akhmatkhanov was a third-year student at the Grozny Oil Institute; he received positive character references from his neighbours, the head of the Shali district department of the interior (the ROVD) and the imam of the Shali district.
7. At about 9 a.m. on 2 April 2003 the first applicant went with Artur Akhmatkhanov to the Shali town centre to run errands. In the centre the first applicant realised that she had left a document at home. She returned to the family house, situated at 86 Melnichnaya Street in Shali, whereas her son remained in the town centre as he was going to talk to his cousin Mr A.A., who worked in the ROVD.
8. About ten minutes after the applicant returned home she heard shooting coming from the former medical storehouse located about 250 metres from her house. The first applicant thought the Russian military were conducting a special operation to catch one of their neighbours, Mr

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