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Постановление Европейского суда по правам человека от 17.06.2010 «Дело Батаев и другие (Batayev and others) против России» [англ.]



(Applications Nos. 11354/05 and 32952/06)


(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 Batayev and Others 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,
Dean Spielmann,
Sverre Erik Jebens,
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:


1. The case originated in two applications (Nos. 11354/05 and 32952/06) 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 ten Russian nationals listed below ("the applicants"), on 15 March 2005 and 12 July 2006 respectively.
2. The applicants were represented by Ms L. Khamzayeva and Mr D. Itslayev, lawyers practising in Moscow and in Nazran respectively. The applicants in application No. 11354/05 were granted legal aid. The Russian Government ("the Government") were represented by Mrs V. Milinchuk, the former Representative of the Russian Federation at the European Court of Human Rights, and subsequently by their new representative, Mr G. Matyushkin.
3. The applicants alleged that their seven male relatives had disappeared after their detention by the security forces in Grozny in 2000. They invoked Articles 2, 3, 5 and 13 of the Convention, as well as Article 1 of Protocol No. 1.
4. On 3 October 2007 and on 21 April 2009 respectively the Court decided to apply Rule 41 of the Rules of Court and to grant priority treatment to the applications, and to give notice of the applications to the Government. It also decided to examine the merits of the applications at the same time as their admissibility (Article 29 § 3 of the Convention).
5. The Government objected to the joint examination of the admissibility and merits of application No. 11354/05. Having considered the Government's objection, the Court dismissed it.


I. The circumstances of the case

6. The applicants in application No. 11354/05 are:
1. Mr Khuseyn Batayev,
2. Mr Vakha Batayev,
3. Ms Razet Sambiyeva,
4. Ms Layla Ibragimova, born in 1950,
5. Ms Elisa Ibragimova, born in 1977,
6. Ms Baret Ilyasova,
7. Ms Luiza Temurkayeva, born in 1975,
8. Ms Zura Ismailova, born in 1955, and
9. Ms Briliant Musayeva, born in 1951.
The applicant in application No. 32952/06 is:
10. Ms Zemfira Alayeva, born in 1973.
7. All applicants live in the Chechen Republic (Chechnya), Russia.

A. The applicants' relatives' disappearance

8. The applicants belong to six families. Their seven male relatives were detained in two separate incidents in 2000 in Grozny or the Grozny district and subsequently disappeared. None of the applicants had witnessed the detention of their family members and their account is based on the witnesses' accounts. The first

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