Постановление Европейского суда по правам человека от 08.01.2009 «Дело Дангаева и Тарамова (Dangayeva and Taramova) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF DANGAYEVA AND TARAMOVA v. RUSSIA
(Application No. 1896/04)

JUDGMENT <*>

(Strasbourg, 8.I.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 Dangayeva and Taramova 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,
Elisabeth Steiner,
Khanlar Hajiyev,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 4 December 2008,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 1896/04) 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 Madina Dangayeva, who was born in 1952 and Ms Aina Khasmagometovna Taramova, who was born in 1943 ("the applicants"), on 26 November 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, the former Representative of the Russian Federation at the European Court of Human Rights.
3. On 1 September 2005 the Court decided to apply Rule 41 of the Rules of Court.
4. On 5 April 2007 the Court decided to give notice of the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

I. The circumstances of the case

5. The applicants live in Grozny, Chechnya. The first applicant was married to the second applicant's brother, Mr Saidkhasan Khasmagamedovich Dangayev, who was born in 1948. The couple had two children. At the material time Saidkhasan Dangayev was a senior bailiff and held an officer's identity card (No. 028814) and a gun licence. He had positive references from his superior.

A. Killing of Saidkhasan Dangayev

6. On 23 October 2002 Saidkhasan Dangayev and the first applicant together with Mr Dangayev's nephew and his wife were at the Dangayevs' family house at 14 Pogranichnaya Street in the Staropromyslovskiy district of Grozny. The town was under curfew; checkpoints manned by Russian federal forces were located on the main roads leading to and from the town.

1. The applicants' version of the events

7. At about 9.45 p.m. a UAZ military vehicle arrived at the Dangayevs' house. Nine or ten tall men in camouflage uniforms and masks descended from it. They were armed with machine-guns equipped with silencers and spoke unaccented Russian. The men told the first applicant that they were from the military commander's office and ordered her to open the gates. When she did so, they entered the courtyard. The applicants thought that the men were Russian servicemen.
8. The servicemen asked the first applicant whether there were any weapons in the house. Saidkhasan Dangayev came

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