Постановление Европейского суда по правам человека от 09.04.2009 «Дело Газиева и другие (Gaziyeva and others) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF GAZIYEVA AND OTHERS v. RUSSIA
(Application No. 15439/05)

JUDGMENT <*>

(Strasbourg, 9.IV.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 Gaziyeva and Others 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,
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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 19 March 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 15439/05) 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 29 March 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 Ms 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 1 September 2005 the Court decided to apply Rule 41 of the Rules of Court and to grant priority treatment to the application
4. On 7 March 2008 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 are:
1) Ms Zareta Khamidovna Gazieyeva, born in 1973,
2) Ms Radima Abdul-Malikovna Shakhmurzayeva, born in 2001 and
3) Mr Rakhim Abdul-Malikovich Shakhmurzayev, born in 1999.
7. The applicants live in the village of Chechen-Aul, in the Grozny district of Chechnya. The first applicant is the wife of Abdul-Malik Shakhmurzayev, born in 1968. The second applicant is his daughter and the third applicant is his son.

A. Disappearance of Abdul-Malik Shakhmurzayev
and subsequent events

1. The applicants' account

8. At the material time the village of Chechen-Aul and its premises were under full control of the Russian military; checkpoints manned by military servicemen were located on roads leading to and from the settlement.
9. In the afternoon of 8 February 2001 three APCs (armoured personnel carriers) blocked the road between the village of Chechen-Aul and the Grozny-Shatoy motorway. The APCs' registration numbers were covered with mud. The men who had arrived in the APCs were stopping every car driving by on the road. They were wearing black masks and uniforms and were carrying portable radios. They behaved like an organised group with a chain of command. It appears that

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