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Постановление Европейского суда по правам человека от 02.07.2009 «Дело Пухигова (Pukhigova) против России» [англ.]







EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF PUKHIGOVA v. RUSSIA
(Application No. 15440/05)

JUDGMENT <*>

(Strasbourg, 2.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 Pukhigova 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 {Andre} Wampach, Deputy Section Registrar,
Having deliberated in private on 11 June 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 15440/05) 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 Zina Pukhigova ("the applicant"), on 10 February 2005.
2. The applicant, who had been granted legal aid, was represented by Mr D. Itslayev, a lawyer practising in Nazran. The Russian Government ("the Government") were represented by Ms V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights.
3. On 16 November 2007 the Court decided to apply Rule 41 of the Rules of Court and to grant priority treatment to the application, as well as 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.

THE FACTS

I. The circumstances of the case

5. The applicant was born in 1944 and lives in the village of Goyty, the Urus-Martan District, in the Chechen Republic.
6. The applicant was married to Mr Salman Abdulazizov, born in 1950. Salman Abdulazizov was a Category 1 disabled person. The couple are the parents of six children.

A. Disappearance of Salman Abdulazizov

1. The applicant's account

7. At about 2 a.m. on 12 February 2001 an armoured personnel carrier ("APC") and several UAZ vehicles with illegible registration numbers arrived at the applicant's house. Around twenty men armed with machine guns and sniper rifles got out of the vehicles and burst in. They did not identify themselves but the applicant believed that they belonged to the Russian military.
8. The servicemen searched the house without producing any warrant. Then they took Salman Abdulazizov away and put him into a Ural vehicle. There were also a red Niva car with no rear window, a Volga car and several UAZ vehicles parked nearby; the servicemen got into those vehicles and drove away. The applicant has not seen her husband since then.
9. On the night of 12 February 2001 five other inhabitants of the village of Goyty - Mr E., Mr I., Mr V. and two brothers, Mr D.M. and Mr V.M. - were abducted under similar circumstances. Later they were released and told the applicant that they had been kept together with her husband at the military commander's office of t



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