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Постановление Европейского суда по правам человека от 22.04.2010 «Дело Тупчиева (Tupchiyeva) против России» [англ.]



(Application No. 37461/05)


(Strasbourg, 22.IV.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 Tupchiyeva 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 25 March 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 37461/05) 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 Eru Tupchiyeva (also known as Dzhabrailova) ("the applicant"), on 29 September 2005.
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 the Deputy Minister of Justice Mr A. Savenkov and subsequently by the Representative of the Russian Federation at the European Court of Human Rights Mr G. Matyushkin.
3. On 18 March 2008 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.


I. The circumstances of the case

5. The applicant was born in 1948 and lives in Shali, Chechnya. She is the mother of Vakhit (also known as Akhmed) Dzhabrailov, who was born in 1976.

A. Disappearance of Vakhit Dzhabrailov

1. The applicant's account

6. At the material time the town of Shali was under the full control of Russian federal forces. Military checkpoints were located on the roads leading to and from the town. The area was under curfew.
7. The applicant's house at 56 Kirova Street, Shali, Chechnya, consisted of three dwellings. One of the applicant's sons, Vakhit, lived with her in one dwelling; two other sons of the applicant lived with their families in the others.
8. On the night of 2 - 3 January 2003 the applicant, Vakhit Dzhabrailov and their relatives were at home. At about 5.30 a.m. a group of fifteen to twenty armed men in camouflage uniforms arrived at their house in a white GAZ minivan with tented body ("Газель") and a grey UAZ minivan ("Таблетка"). The vehicles did not have registration numbers. The men unloaded a ladder and used it to climb over the fence into the applicant's yard.
9. The men neither identified themselves nor produced any documents. They had Slavic appearance and spoke Russian without accent. The applicant and her relatives thought th

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