Постановление Европейского суда по правам человека от 11.06.2009 «Дело Халитова и другие (Khalitova and others) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF KHALITOVA AND OTHERS v. RUSSIA
(Application No. 33264/04)

JUDGMENT <*>

(Strasbourg, 11.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 Khalitova 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 {Soren} Nielsen, Section Registrar,
Having deliberated in private on 19 May 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 33264/04) 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 four Russian nationals listed below ("the applicants"), on 7 September 2004.
2. The applicants, who had been granted legal aid, were represented by lawyers of the International Protection Centre, an NGO based in Moscow. The Russian Government ("the Government") were represented by Ms V. Milinchuk, 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 26 March 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.
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 applicants are:
1) Ms Nebist Khalitova, born in 1959;
2) Ms Zarema Almurzayeva, born in 1971;
3) Ms Zalina Chapayeva, born in 1982; and
4) Mr Maulat Achkhanov, born in 1929.
The first applicant lives in the village of Raduzhnoe. The second, third and fourth applicants live in the village of Pobedinskoe. The two villages are located a short distance one from another in the Groznenskiy District of the Chechen Republic.
7. The first applicant is the wife of Mr Ali Uspayev and the mother of Mr Amir Magomedov. The second applicant is the sister of Mr Aslan Dokayev. Aslan Dokayev was married to the third applicant. The fourth applicant is the father of Mr Rustam Achkhanov.

A. Disappearance of Amir Magomedov, Ali Uspayev,
Aslan Dokayev and Rustam Achkhanov

1. The applicants' account

(a) Amir Magomedov and Ali Uspayev
8. On the night of 18 July 2001 the first applicant, her son and husband were sleeping in their house in Raduzhnoe. At about 5 a.m. around thirty unidentified armed men wearing camouflage uniforms broke into it. The men did not identify themselves. They had Slavic features and spoke Russian without an accent.
9. The first applicant looked out of the window and saw the armed men dragging Amir Magomedov, who had his legs in a plaster cast because of a previous trauma, to the gates. Ali Uspayev



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