Постановление Европейского суда по правам человека от 14.05.2009 «Дело Турлуева и Хамидова (Turluyeva and Khamidova) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF TURLUYEVA AND KHAMIDOVA v. RUSSIA
(Application No. 12417/05)

JUDGMENT <*>

(Strasbourg, 14.V.2009)

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<*> 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 Turluyeva and Khamidova 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 {Andre} <*> Wampach, Deputy Section Registrar,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Having deliberated in private on 14 April 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 12417/05) 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 Malika Usmanovna Turluyeva and Ms Yakhita Khamidova ("the applicants"), on 25 March 2005.
2. The applicants, who had been granted legal aid, were represented by Ms L. Khamzayeva, a lawyer practising in Moscow. 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 1 September 2005 the Court decided to give the case priority (Rule 41 of the Rules of Court).
4. On 28 September 2007 the Court decided 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.

THE FACTS

I. The circumstances of the case

6. The applicants were born in 1969 and 1940 respectively. They live in the village of Alleroy, the Kurchaloyevskiy District, in the Chechen Republic. The first applicant is the wife of Mr Aslanbek Ilyasovich Khamidov, born in 1965. The second applicant is his mother.

A. Disappearance of Aslanbek Khamidov

1. The applicants' account

7. At about 10 a.m. on 25 October 2000 a group of armed men arrived at the applicants' house at 11 Tolstoy Street, the village of Alleroy, arrested Aslanbek Khamidov and took him away.
8. According to the applicants, Aslanbek Khamidov was arrested in the course of a special "sweeping" operation (зачистка) carried out by the Russian armed forces in the village of Alleroy on 25 October 2000. The servicemen arrested ten other men residing in Alleroy and brought them, together with Aslanbek Khamidov, to a locally based military unit, presumably on the pretence of checking their identities. Later, the ten detainees were released. Aslanbek Khamidov was never seen again.
9. On 15 January 2001 the local administration of the village of Alleroy issued a certificate confirming that on 25 October 2000 Aslanbek Khamidov had been arrested in the course of the "special sweeping operation".

2. Information submitted by the Government

10. On 25 October 2000

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