Постановление Европейского суда по правам человека от 29.10.2009 «Дело Хантиева и другие (Khantiyeva and others) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF KHANTIYEVA AND OTHERS v. RUSSIA
(Application No. 43398/06)

JUDGMENT <*>

(Strasbourg, 29.X.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 Khantiyeva 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,
Khanlar Hajiyev,
Dean Spielmann,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 8 October 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 43398/06) 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 four Russian nationals, listed in paragraph 5 below ("the applicants"), on 18 October 2006.
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 Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
3. On 16 June 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 Ayna Khantiyeva, born in 1951;
2) Mr Alaudin Khantiyev, born in 1940;
3) Ms Kulsum Baysultanova, born in 1972, and
4) Mr Adam Khantiyev, born in 1991.
The applicants live in Grozny, in the Chechen Republic.
6. The first and second applicants are the parents of Mr Mayrudin Khantiyev, born in 1972. The third and fourth applicants are Mayrudin Khatntiyev's wife and son.

A. The background to the case

7. According to a certificate issued on 12 March 2002 by the head of the Grozny SIZO-I remand prison, from 1998 to 1999 Mayrudin Khantiyev was employed as a junior inspector in the security department of that facility; he left his job in 1999 because of the hostilities. According to the applicants, Mayrudin Khantiyev subsequently worked as a mechanic and then as a construction worker on the construction site of a school.
8. In December 2000 the city of Grozny was under curfew. The applicants and Mayrudin Khantiyev lived in the same five-storey block of flats at No. 269 Ugolnaya Street in Grozny ("house No. 269"). The flat of Mayrudin Khantiyev's family was on the ground floor; his parents' flat was on the first floor. Two guard posts of the Russian military forces were stationed on the roof of house No. 269 on a perm



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