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Постановление Европейского суда по правам человека от 12.05.2010 «Дело Сулейманова (Suleymanova) против России» [англ.]







EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF SULEYMANOVA v. RUSSIA
(Application No. 9191/06)

JUDGMENT <*>

(Strasbourg, 12.V.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 Suleymanova 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,
Giorgio Malinverni, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 22 April 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 9191/06) 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 Zura Suleymanova ("the applicant"), on 6 March 2006.
2. The applicant was 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. The applicant complained of the killing of four of her relatives by military servicemen in May 2000 in Chechnya and of the absence of an adequate investigation into the events. She invoked Articles 2, 13 and 14 of the Convention.
4. On 20 May 2008 the Court decided to apply Rule 41 of the Rules of Court, 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.
5. 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

6. The applicant was born in 1944 and lives in Gekhi, Chechnya. She is the mother of Ramzan Suleymanov, who was born in 1965 and the mother-in-law of Petimat Aydamirova, who was born in 1972. The applicant also is the grandmother of Ibragim Suleymanov, who was born in 1991 and a relative of Aslanbek Aydamirov, who was born in 1970.
7. The facts of the case, as submitted by the parties, may be summarised as follows.

A. The events of 16 - 19 May 2000

1. Information submitted by the applicant

a. Killing of the applicant's relatives
8. At the material time the applicant's son Ramzan Suleymanov lived in the village of Gekhi in the Urus-Martan district of Chechnya with his wife Petimat Aydamirova, who was pregnant, and their son Ibragim Suleymanov. Ramzan Suleymanov worked as a driver of a KAMAZ lorry, transporting goods in the area. The vehicle belonged to his neighbour, Mr R.Dz. At the time Gekhi and the surrounding area were under curfew.
9. On 16 May 2000 Petimat Aydamirova's brother, Aslanbek Aydamirov, came to Gekhi to visit his sister. He told her that their mother, who lived in the village of Roshni-Chu, in the Ur



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