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Постановление Европейского суда по правам человека от 05.03.2009 «Дело Халитова (Khalitova) против России» [англ.]



(Application No. 39166/04)


(Strasbourg, 5.III.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 Khalitova 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 {Soren} Nielsen, Section Registrar,
Having deliberated in private on 12 February 2009,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 39166/04) 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 Luiza Dungalovna Khalitova ("the applicant"), on 20 October 2004.
2. The applicant was represented by lawyers of the Memorial Human Rights Centre (Moscow) and the European Human Rights Advocacy Centre (London). 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 complained that her husband had been killed by State agents, that the authorities had failed to carry out an adequate investigation into the matter, and that there were no effective remedies in respect of those violations. She relied on Articles 2 and 13 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 3 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.


I. The circumstances of the case

7. The applicant was born in 1966 and lives in the village of Goyskoye in the Urus-Martan District of the Chechen Republic.

A. The facts

1. Killing of the applicant's husband

8. The applicant did not witness the killing of her husband and the account of events given below is based on witness statements by the applicant's fellow villagers. She submitted statements by a Mr A. and a Mr K.
9. On 11 September 2000 Mr A. and Mr K. were guarding agricultural fields to the north of the village of Goyskoye near the Goitinka River in the Urus-Martan District of the Chechen Republic. At about 3 p.m. they met the applicant's husband, Mr Lecha Adamovich Khazhmuradov, born in 1964, and Mr D., who had come to get some wood in the nearby forest area.
10. Some time later a number of armed men arrived in two armoured personnel carriers. According to the witnesses, they were servicemen of the Russian armed forces. Without any prior warning the servicemen opened indiscriminate fire across the field. The witnesses hid so that they co

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