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Постановление Европейского суда по правам человека от 15.07.2010 <Дело Гелаевы (Gelayevy) против России» [англ.]



(Application No. 20216/07)


(Strasbourg, 15.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 Gelayevy v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} <*> Nielsen, Section Registrar,
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Having deliberated in private on 24 June 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 20216/07) 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 six Russian nationals listed below ("the applicants"), on 24 April 2007.
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 5 June 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.
4. The Government objected to the joint examination of the admissibility and merits of the application. Having considered the Government's objection, the Court dismissed it.


I. The circumstances of the case

5. The applicants are:
(1) Mr Vakhit Gelayev, born in 1949,
(2) Ms Amint (also spelled as Aminat) Gelayeva, born in 1952,
(3) Ms Zarema Gelayeva, born in 1983,
(4) Ms Pakanat Gelayeva, born in 1928,
(5) Mr Shakhit Gelayev, born in 1925 and
(6) Mr Akhmat Gelayev, born in 1951.
6. The applicants live in Gikalo, Chechnya. The first and second applicants are the parents of Murad Gelayev (also known as Murat or Edik Gelayev), who was born in 1976. The third applicant is his sister, the fourth applicant is his grandmother, the fifth applicant is his grandfather and the sixth applicant is his uncle.
7. The facts of the case, as submitted by the parties, may be summarised as follows.

A. Abduction of Murad Gelayev and subsequent events

1. The applicants' account

(a) Events in Gikalo on 27 February 2000
8. At the material time the settlement of Gikalo in the Grozny district of Chechnya was under the full control of the Russian federal forces; checkpoints of the Russian military were located on the roads leading to and from the village. On 26 - 27 February 2000 the Russian federal forces conducted a special operation in the village. The operation was carried out with APCs (armoured personnel carriers) and Ural vehicles.
9. In the morning of 27 February 2000 Murad Gelayev and the second and third appli

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