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



(Application No. 12463/05)


(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 Khatuyeva 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,
Sverre Erik Jebens, judges,
and {Soren} Nielsen, Section Registrar,
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. 12463/05) 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 Luiza Khatuyeva ("the applicant"), on 28 March 2005.
2. The applicant was represented by lawyers of the NGO EHRAC/Memorial Human Rights Centre. 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. On 15 January 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 1969. A native of Chechnya, from 1996 she lived in the settlement for internally displaced persons from Chechnya in the village of Ordzhonikidzevskaya (also known as Sleptsovskaya), in the Ingush Republic of the Russian Federation (Ingushetia). The applicant later left Russia with her children and sought asylum in another country, where she now resides. She is the wife of Sultan Khatuyev, who allegedly disappeared in 2004 following his arrest by the security forces.

A. Disappearance of Sultan Khatuyev

6. On 2 August 2004 at about 8.00 a.m. an operation was carried out in the Ordzhonikidzevskaya settlement by the security forces with a view to finding members of illegal armed groups. More than one hundred servicemen and numerous vehicles were involved in the operation.
7. The applicant stated that her home had been searched during this operation by two servicemen who neither introduced themselves nor produced any document. They checked Sultan Khatuyev's passport and ordered him to follow them to their car. In response to the applicant's questions, the servicemen told her that her husband would be taken along with some of their neighbours to the Sunzhensky district department of the Interior (ROVD) for an identity check. Six other persons were apprehended and taken to the Sunzhensky ROVD during the same operation. They were all neighbours and knew each other.

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