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Постановление Европейского суда по правам человека от 17.06.2010 «Дело Товсултанова (Tovsultanova) против России» [англ.]



EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF TOVSULTANOVA v. RUSSIA
(Application No. 26974/06)

JUDGMENT <*>

(Strasbourg, 17.VI.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 Tovsultanova 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,
Khanlar Hajiyev,
Dean Spielmann,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 27 May 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 26974/06) 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 a Russian national, Ms Liza Tovsultanova ("the applicant"), on 21 May 2006.
2. The applicant was represented by Mr D. Itslayev, a lawyer practising in Nazran. 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 2 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 § 3 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.

THE FACTS

I. The circumstances of the case

5. The applicant was born in 1951. She is the mother of Said-Magamed (also spelled as Said-Magomed) Tovsultanov, who was born in 1970. At the material time she lived in Sleptsovskaya (also known as Ordzhenikidzovskaya), Ingushetia. Currently she lives in Katar-Yurt (also spelled as Katyr-Yurt), Chechnya.

A. Disappearance of the applicant's son

1. The applicant's account

6. The applicant did not witness the disappearance of Said-Magamed Tovsultanov. The account below is based on the anonymous statements of third persons summarised by the applicant and submitted by her to the Court.
7. In September 1999, before the beginning of the large-scale military operations in Chechnya, the applicant and Said-Magamed Tovsultanov moved from Katar-Yurt, Chechnya, to the village of Sleptsovskaya in Ingushetia. The applicant and her son, who were registered as forced migrants in the village, stayed with their relatives, the family of Ms Zh.S. In 2002 the applicant returned to Katar-Yurt, whereas her son Said-Magamed Tovsultanov stayed on in Sleptsovskaya with their relatives.
8. On 14 June 2004 (in the submitted documents the date was also referred to as 13 June 2004) the applicant was at home in Katar-Yurt. At about 3 p.m. a woman came to her house and told her that her son had been abducted in Sleptsovskaya. The applicant immediately went to her relative's home in that village. The applicant and Mrs Zh.S. were in the yard when a woman named Roza, who was from



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