Постановление Европейского суда по правам человека от 02.04.2009 «Дело Докуев и другие (Dokuyev and others) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF DOKUYEV AND OTHERS v. RUSSIA
(Application No. 6704/03)

JUDGMENT <*>

(Strasbourg, 2.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 Dokuyev and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Khanlar Hajiyev,
Dean Spielmann,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 12 March 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 6704/03) 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 seven Russian nationals, listed below ("the applicants"), on 14 February 2003.
2. The applicants, who had been granted legal aid, 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 Mr P. Laptev and Ms V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights.
3. The applicants alleged that their relative had disappeared after being detained by servicemen in Chechnya on 14 February 2001. They complained under Articles 2, 3, 5, 6, 8, 13 and 34.
4. By a decision of 29 November 2007, the Court declared the application admissible.
5. The Chamber having decided, after consulting the parties, that no hearing on the merits was required (Rule 59 § 3 in fine), the parties replied in writing to each other's observations.

THE FACTS

I. The circumstances of the case

6. The applicants are:
1) Mr Vakhit Abdurashidovich Dokuyev, born in 1947;
2) Mrs Zina Abdulayevna Dokuyeva, born in 1952;
3) Mrs Imani Ramzanovna Makayeva, born in 1983;
4) Mrs Rukiyat Vakhitovna Dokuyeva, born in 1972;
5) Mrs Makka Vakhitovna Dokuyeva, born in 1983;
6) Mr Khavazh Abdurashidovich Dokuyev, born in 1951;
7) Mrs Kheda Khavazhovna Dokuyeva, born in 1978.
They live in the village of Novye Atagi, the Chechen Republic.
7. The first and second applicants are the parents of Mr Magomed Dokuyev, born in 1977. The third applicant is the wife of Mr Magomed Dokuyev, with whom she had a son born in 2000. The fourth and the fifth applicants are sisters of Mr Magomed Dokuyev, and the sixth and the seventh applicants are his uncle and cousin.
8. The Dokuyev family live in the village of Novye Atagi at 4 Podgornaya Street in a household composed of two houses and a common courtyard. The first five applicants and Mr Magomed Dokuyev lived in one house. The other house belongs to the sixth applicant and his family.
9. Mr Magomed Dokuyev finished school in 1994 and studied to become a translator from English and Arabic. His higher education was interrupted by the first and the second periods of hostilities in Chechnya. He never had a full-time job.

A. Arrest and detention of Mr Magomed Dokuyev

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