Постановление Европейского суда по правам человека от 18.06.2009 «Дело Магомадова (Magomadova) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF MAGOMADOVA v. RUSSIA
(Application No. 2393/05)

JUDGMENT <*>

(Strasbourg, 18.VI.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 Magomadova 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 {Soren} Nielsen, Section Registrar,
Having deliberated in private on 28 May 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 2393/05) 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 a Russian national, Ms Sabigat (also spelled as Sebigat and Sebikat, also known as Rosa) Saidovna Magomadova ("the applicant"), on 25 November 2004.
2. The applicant was represented by lawyers of the NGO EHRAC/Memorial Human Rights Centre. The Russian Government ("the Government") were represented by their Agent, Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
3. On 23 April 2008 the Court decided to apply Rule 41 of the Rules of Court and to grant priority treatment to the application.
4. On the same date 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.
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 applicant was born in 1956 and lives in Urus-Martan, Chechnya. The applicant is the mother of Ibragim Uruskhanov (in the submitted documents also spelled as Ustarkhanov and Usturkhanov), who was born in 1973.
7. The facts of the case, as submitted by the parties, may be summarised as follows.

A. Disappearance of Ibragim Uruskhanov

1. The applicant's account

8. At the material time the town of Urus-Martan was under curfew. The applicant's house was located in the eastern part of the town, in the vicinity of a Russian military checkpoint.
9. On the night of 12 April 2002 the applicant, her son Ibragim Uruskhanov and other relatives were sleeping in their flat, No. 7, located on the second floor of a block of flats at 56 Lenina Street, Urus-Martan, Chechnya.
10. At about 3 a.m. the applicant heard a group of people going up the stairs to the second floor of the building. The applicant got up and looked out of the window. By the light of a street lamp she saw that the building and a nearby garage were surrounded by forty to fifty armed men in camouflage uniforms.
11. The applicant approached the entrance door and heard someone's order in Russian: "No noise. Let nobody out of the building". After that a group of seven or eight armed men broke down the door of the applicant's flat. Two



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