Постановление Европейского суда по правам человека от 08.10.2009 «Дело Шемилова и Шемилов (Shemilova and Shemilov) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF SHEMILOVA AND SHEMILOV v. RUSSIA
(Application No. 42439/02)

JUDGMENT <*>
(Striking out)

(Strasbourg, 8.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 Shemilova and Shemilov v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Nina {Vajic} <*>, President,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Andre} Wampach, Deputy Section Registrar,
Having deliberated in private on 17 September 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 42439/02) 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 Selikhat Shemilova and Mr Magomed Ayubovich Shemilov ("the applicants"), on 15 June 2002.
2. The applicants were represented by Mr R. Malsagov, a lawyer practising in St Petersburg. The Russian Government ("the Government") were initially represented by Mr P. Laptev and Ms V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights, and subsequently by their Representative, Mr G. Matyushkin.
3. The applicants complained, in particular, that their property had been destroyed by representatives of the State and that they had no access to court to have their claim for compensation examined. They relied on Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention.
4. On 29 August 2004 the President of the First Section decided to grant priority to the application under Rule 41 of the Rules of Court.
5. By a decision of 11 December 2008, the Court declared the application partly admissible.
6. The Government, but not the applicants, submitted further written observations (Rule 59 § 1).

THE FACTS

The circumstances of the case

7. The applicants, who are relatives, were born in 1912 and 1966 respectively. Their place of residence is unknown.
8. At the material time the applicants lived in a privately owned house at 167 Ulyanova Street in the Oktyabrskiy District of Grozny.
9. According to the applicants, on 29 March 2000 a group of federal servicemen in two armoured personnel carriers with obscured hull numbers approached the applicants' house. The servicemen were masked and had the Russian Armed Forces emblem on their sleeves. One of them pointed his machine gun at the second applicant, who was standing near the gate, and ordered him not to move. The soldiers then entered the courtyard of the applicant's house and one of them asked the first applicant whether she was of Chechen origin. When the first applicant said that she was, the servicemen further asked her whether Chechen rebel fighters (boyeviki) were living in the house. The first applicant replied that no fighters had ever lived in her house, that she lived there with the second applicant, and that they had never been involved in military activities.
10. The servicemen then broke the door down and entered and searched the house. They remarked,



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