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Постановление Европейского суда по правам человека от 08.04.2010 «Дело Тасатаевы (Tasatayevy) против России» [англ.]



(Application No. 37541/05)


(Strasbourg, 8.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 Tasatayevy 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 18 March 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 37541/05) 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 two Russian nationals, Ms Khadishat Tasatayeva and Ms Amena (also spelled Amina) Tasatayeva ("the applicants"), on 11 August 2005.
2. The applicants were represented by Mr D. Itslayev, a lawyer practising in Nazran, 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. On 5 May 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 applicants were born in 1950 and 1949 respectively. They live in Urus-Martan, Chechnya. The applicants are sisters-in-law; they are married to two brothers. The first applicant is the mother of Aslan Tasatayev, who was born in 1975, and the second applicant is the mother of Aslanbek Tasatayev, who was born in 1979. Aslan Tasatayev and Aslanbek Tasatayev are cousins.

A. The abduction of Aslan Tasatayev and Aslanbek Tasatayev
and the subsequent events

1. The applicants' account

a. The abduction of the applicants' relatives
6. At the material time the applicants, their sons Aslan and Aslanbek Tasatayev and other relatives lived in a household situated at 5 Shvernika Street, Urus-Martan, Chechnya. At some point later the number of the house was changed to 7 Shvernika Street. The applicants' household consisted of several dwellings occupied by eight related families and was located in the town centre, in the vicinity of the local law enforcement agencies. At the time the town of Urus-Martan was under curfew. Military checkpoints were situated on the roads leading to and from the town. In addition, two watch posts set up by local residents were situated in the vicinity of the applicants' household. One of the posts was a hundred metres from the applicants' household; the other one was sixty or seventy metres from it.
7. On the night of 31 May to 1 June 2001

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