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Постановление Европейского суда по правам человека от 22.01.2009 «Дело Долсаев и другие (Dolsayev and others) против России» [англ.]







EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF DOLSAYEV AND OTHERS v. RUSSIA
(Application No. 10700/04)

JUDGMENT <*>

(Strasbourg, 22.I.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 Dolsayev and Others 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 {Andre} Wampach, Deputy Section Registrar,
Having deliberated in private on 16 December 2008,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 10700/04) against the Russian Federation lodged with the Court on 5 February 2004 under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by five Russian nationals, listed below.
2. The applicants were represented by lawyers of the Stichting Russian Justice Initiative ("the SRJI"), an NGO based in the Netherlands with a representative office in Russia. The second applicant died on 14 June 2007 and the other applicants expressed their wish to pursue the application on her behalf. The Russian Government ("the Government") were represented by Mrs V. Milinchuk, the former Representative of the Russian Federation at the European Court of Human Rights.
3. On 2 May 2007 the Court decided to apply Rule 41 of the Rules of Court and to grant priority treatment to the application.
4. On 2 May 2007 the Court decided 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 of the Convention).
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) Mr Kursolt Biboltovich Dolsayev, born in 1949;
(2) Ms Mak (also spelled as Makka) Isayevna Dolsayeva, born in 1953;
(3) Ms Madina Kursoltovna Dolsayeva, born in 1982;
(4) Mr Shamil (also known as Adam) Kursoltovich Dolsayev, born in 1984; and
(5) Mr Baysongur Kursoltovich Dolsayev, born in 1995.
The first, third, fourth and fifth applicants live in the village of Martan-Chu, in the Urus-Martan district of Chechnya. Prior to her death in June 2007 the second applicant also lived there.
7. The facts of the case, as submitted by the parties, may be summarised as follows.

A. Disappearance of Beslan, Rizvan, Rizavdi
and Shuddi Dolsayev

1. The applicants' account

(a) Abduction of the Dolsayev brothers
8. The first and second applicants were married. They were the parents of Beslan Kursoltovich Dolsayev, born in 1974, Mr Rizvan Kursoltovich Dolsayev, born in 1977, Mr Rizavdi Kursoltovich Dolsayev, born in 1978, and Mr Shuddi Kursoltovich Dolsayev, born in 1980, as well as the third, fourth and the fifth applicants.
9. At the material time Beslan Dolsayev worked as a police officer of the department



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