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Постановление Европейского суда по правам человека от 05.02.2009 «Дело Идалова и Идалов (Idalova and Idalov) против России» [англ.]



(Application No. 41515/04)


(Strasbourg, 5.II.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 Idalova and Idalov 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,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 15 January 2009,
Delivers the following judgment, which was adopted on the last-mentioned date:


1. The case originated in an application (No. 41515/04) 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 two Russian nationals, Ms Adeni Abumuslinovna Idalova and Mr Agdulmusum Abdulkhalimovich Idalov ("the applicants"), on 6 October 2004.
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, former Representative of the Russian Federation at the European Court of Human Rights.
3. On 12 June 2007 the Court decided to apply Rule 41 of the Rules of Court and to give notice of the application to the Government. It also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).
4. 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

5. The applicants were born in 1952 and 1949 respectively. At the material time they lived in the village of Akhkinchu-Borzoy, in the Kurchaloy District of the Chechen Republic. They are currently residing in the village of Noyber, in the Gudermes District of the Chechen Republic.
6. The applicants are the parents of Mr Marvan Agdulmusumovich Idalov, born in 1985. They also have three other sons: Khizir, Vakhid and Alikhan Idalov.

A. Disappearance of Marvan Idalov

1. The applicants' account

7. At the material time Marvan Idalov was a student at a secondary school. A certificate issued by the local authorities confirmed that Marvan Idalov had not participated in any illegal armed groups.
8. According to inhabitants of Akhkinchu-Borzoy, special military unit No. 24 of the Russian Ministry of the Defence ("24-е стрелковое спецподразделение МО РФ", hereinafter "military unit No. 24") was based near their village in 2002.
9. On the night of 21 to 22 November 2002 the applicants and Marvan Idalov were sleeping at their family home. Early in the morning the first applicant went outside the house to perform an ablution.
10. At about 6 a.m. an armoured personnel carrier ("APC"), an infantry battle vehicle ("IBV") and a Ural vehicle arrived at the Idalovs' house; a group of armed men wearing camouflage uniforms and masks descended from them.

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