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Постановление Европейского суда по правам человека от 09.07.2009 «Дело Юсупова и другие (Yusupova and others) против России» [англ.]



(Application No. 5428/05)


(Strasbourg, 9.VII.2009)

<*> 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 Yusupova 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,
George Nicolaou, judges,
{Andre} Wampach, Deputy Section Registrar,
Having deliberated in private on 18 June 2009,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 5428/05) 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 listed below ("the applicants"), on 3 February 2005.
2. The applicants were 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 Mrs V. Milinchuk, the former Representative of the Russian Federation at the European Court of Human Rights.
3. The applicants complained that their relative had disappeared in November 2002 and that the authorities had failed to investigate it adequately. The complaint was brought under Article 2 (procedural obligation), and Articles 3 and 13 of the Convention.
4. On 5 December 2007 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.
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.


I. The circumstances of the case

6. The applicants are:
1. Lyubov Musayevna Yusupova, born in 1958;
2. Luiza Suleymanovna Yusupova, born in 1982;
3. Lezina Khasanovna Yusupova, born in 2002.
They live in Achkhoy-Martan, the Chechen Republic.

A. Disappearance of Khasan Yusupov on 15 November 2002

1. The applicants' account

7. The applicants are respectively the mother, wife and daughter of Khasan Vakhidovich Yusupov, born in 1979. At the material time they lived together at 25 Budennogo Street, Achkhoy-Martan. Khasan Yusupov served as a private in the military commandant's office of Achkhoy-Martan (the district military commander's office).
8. In the morning of 15 November 2002 Khasan Yusupov went from Achkhoy-Martan to Khankala by car. Two other servicemen from the military commandant's office of Achkhoy-Martan travelled with him: commander of platoon A.A. and private A.M. They had an appointment at the military prosecutor's office of military unit No. 20102. The three servicemen had been summoned to the military prosecutor's office in relation to a crimi

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