Постановление Европейского суда по правам человека от 11.06.2009 «Дело Хасуева (Khasuyeva) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF KHASUYEVA v. RUSSIA
(Application No. 28159/03)

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 Khasuyeva v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou,
and {Soren} <*> Nielsen, Section Registrar,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

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. 28159/03) 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, Mrs Zura Abdullayevna Khasuyeva ("the applicant"), on 29 July 2003.
2. The applicant, who had been granted legal aid, was 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 their Agent, Mr P. Laptev, the former Representative of the Russian Federation at the European Court of Human Rights and subsequently by their new representative, Mr G. Matyushkin.
3. The applicant alleged that her son had disappeared after being detained by servicemen in Chechnya on 30 August 2001. She complained under Articles 2, 3, 5 and 13.
4. By a decision of 25 September 2008, the Court declared the application partially admissible.
5. The President of the Chamber acceded to the Government's request not to make publicly accessible the documents from the criminal investigation file deposited with the Registry in connection with the application (Rule 33 of Rules of Court).
6. The Chamber having decided, after consulting the parties, that no hearing on the merits was required (Rule 59 § 3 in fine), the parties replied in writing to each other's observations.

THE FACTS

I. The circumstances of the case

7. The applicant was born in 1955 and lives in Urus-Martan. The applicant is the mother of Abu Khasuyev, who was born in 1978.

A. The disappearance of the applicant's son

1. General background information

8. At the material time the applicant lived with her son, Abu Khasuyev, his wife and his minor daughter. Abu Khasuyev worked as a physical training teacher. The family lived in a flat in a two-storey block of flats at 20 Sovetskaya Street, Urus-Martan, Chechnya. The applicant submitted a copy of Abu Khasuyev's passport with the official registration of his domicile at 20 Sovetskaya Street in Urus-Martan. According to the applicant, houses in the street were renumbered at some point later, after the events, and their address was changed to 18 Sovetskaya Street. According to the Government, at the material time the applicant and her family resided at 18 Sovetskaya Street.
9. The Russian federal forces had had full control over the town of Urus-Martan since December 1999. Numerous military units were stationed in the town and on its outskirts. The v



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