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Постановление Европейского суда по правам человека от 08.04.2010 «Дело Умалатов и другие (Umalatov and others) против России» [англ.]



(Application No. 8345/05)


(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 Umalatov 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,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and {Soren} Nielsen, Section Registrar,
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. 8345/05) 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 three Russian nationals, Mr Imran Umalatov, Mrs Roza Khamizayeva and Mr Sharan Durdiyev ("the applicants"), on 17 February 2005.
2. The applicants, who were granted legal aid, were represented by lawyers of the International Protection Centre, a Russian NGO. 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 7 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 applicants were born in 1940, 1969 and 1943 respectively. They live in the Chechen Republic (Chechnya).

A. Disappearance of Usman Umalatov and Shamad Durdiyev

1. The applicants' account

6. The first applicant is the father of Usman Umalatov, born in 1969. The second applicant is his wife. The third applicant is the father of Shamad Durdiyev, born in 1976.
7. The applicants stated that on 15 October 2002 at 7.00 a.m. a joint operation of the Federal Security Service (FSB), the Ministry of the Interior and the military took place in the village of Nagornoye situated in the Grozny district of Chechnya.
8. Usman Umalatov was apprehended in his home in Nagornoye in the presence of his next-of-kin, including the second applicant, and brought to the FSB office for the Nadterechny district in the village of Znamenskoye.
9. Shamad Durdiyev lived in Beno-Yurt and worked as a driver for the Grozny Town Prosecutor's Office. On 15 October 2002 at about 6 a.m. he left his home village and went towards Grozny in his service car, a black "Volga". On the same day he was apprehended during the security operation and brought to the FSB office in Znamenskoye.
10. Two or three days later nine men apprehended on that day in Nagornoye were released, but Usma

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