Постановление Европейского суда по правам человека от 01.04.2010 «Дело Муцолгова и другие (Mutsolgova and others) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF MUTSOLGOVA AND OTHERS v. RUSSIA
(Application No. 2952/06)

JUDGMENT <*>

(Strasbourg, 1.IV.2010)

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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 Mutsolgova 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,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and {Andre} Wampach, Deputy Section Registrar,
Having deliberated in private on 11 March 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 2952/06) 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 five Russian nationals, listed in paragraph 5 below ("the applicants"), on 13 January 2006.
2. The applicants were represented by lawyers of the NGO EHRAC/Memorial Human Rights Centre. The Russian Government ("the Government") were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
3. On 7 May 2008 the Court decided to apply Rule 41 of the Rules of Court and to grant priority treatment to the application, and 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.
4. The Government objected to the joint examination of the admissibility and merits of the application and to the application of Rule 41 of the Rules of Court. Having considered the Government's objection, the Court dismissed it.

THE FACTS

I. The circumstances of the case

5. The applicants are:
1) Ms Zakhidat Mutsolgova, born in 1946;
2) Mr Adam Mutsolgov, born in 1943;
3) Mr Magomed Mutsolgov, born in 1973;
4) Ms Aminat Buzurtanova, born in 1982, and
5) Ms Dzhannat Mutsolgova, born in August 2003.
6. The applicants live in the town of Karabulak, in the Ingushetiya Republic. The first and second applicants are the parents of Mr Bashir Mutsolgov, born in 1975. The third applicant is his brother. The fourth and fifth applicants are Bashir Mutsolgov's wife and daughter.

A. Apprehension and disappearance of Bashir Mutsolgov

1. The applicants' account

7. At the material time the fourth and the fifth applicants together with Bashir Mutsolgov lived at 83 Oskanova Street in the town of Karabulak, Ingushetia. The first and second applicants lived in a house nearby, about 50 metres away.
8. The applicants were not eyewitnesses to Bashir Mutsolgov's abduction and the following account of events is based on the witness statements collected by them after his disappearance and on other documents furnished by them to the Court.
9. At about 3.20 p.m. on 18 December 2003 Bashir Mutsolgov, who was heading from the grocery store to his home, met a neighbour, Kh.Kh. The men were talking next to Bashir Mutsolgov's house when a white VAZ-2121 ("Niva") vehicle with



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