Постановление Европейского суда по правам человека от 09.04.2009 «Дело Джабраилова (Dzhabrailova) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF DZHABRAILOVA v. RUSSIA
(Application No. 1586/05)

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 Dzhabrailova 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. 1586/05) 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 Yakhita Abdul-Khamidovna Dzhabrailova ("the applicant"), on 1 November 2004.
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, the former Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, in particular, that her son had disappeared following his unacknowledged detention and that there had been no adequate investigation into the matter. She also complained of her mental suffering on account of these events. The applicant referred to Articles 2, 3, 5, 6 and 15 of the Convention.
4. On 1 September 2005 the President of the First Section decided to grant priority to the application under Rule 41 of the Rules of Court.
5. On 13 September 2007 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).
6. 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

7. The applicant was born in 1944 and lives in the village of Goyty in Urus-Martan District in the Chechen Republic.
8. The applicant is the mother of Mr Khanpasha Lechayevich Dzhabrailov, born in 1976. At the material time the applicant, Mr Khanpasha Dzhabrailov, his wife and their three children lived at 24 Shamov Street, Goyty village.

A. The facts

1. Abduction of Mr Khanpasha Dzhabrailov

(a) The applicant's account of events
9. The account below is based on eyewitness statements of the applicant and her daughter, Ms Raisa Dzhabrailova.
10. According to the applicant, the village of Goyty was under the federal forces' control from December 1999. The road leading to and from the village was blocked by federal checkpoints.
11. On 10 April 2003 at around 4 a.m. a khaki UAZ vehicle, a grey UAZ off-road vehicle ("таблетка") and a grey bus with a blue stripe arrived at the Dzhabrailovs' house. Around twenty armed men in masks and camouflage uniforms got out of the vehicles; the

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