Постановление Европейского суда по правам человека от 28.05.2009 «Дело Хумайдов и Хумайдов (Khumaydov and Khumaydov) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF KHUMAYDOV AND KHUMAYDOV v. RUSSIA
(Application No. 13862/05)

JUDGMENT <*>

(Strasbourg, 28.V.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 Khumaydov and Khumaydov 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,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 7 May 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 13862/05) 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 two Russian nationals, Mr Alaudi Odginovich Khumaydov and Mr Dzhokhar Alaudiyevich Khumaydov ("the applicants"), on 1 April 2005.
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 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 13 June 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.
6. On 26 May 2008 the Court acceded to the Government's request and decided to apply Rule 33 of the Rules of Court.

THE FACTS

I. The circumstances of the case

7. The applicants were born in 1961 and 1995 respectively and live in the village of Chervlennaya, Shelkovskoy District, in the Chechen Republic.
8. The first applicant was married to Ms Khava Aduyevna Magomadova, born in 1956. They are the parents of the second applicant. At the material time Khava Magomadova worked as a manager at Chervlennaya railway station.

A. Disappearance of Khava Magomadova

1. The applicants' account

9. The applicants' family lived at 10 Karl Marx Street in Chervlennaya village. On the morning of 16 December 2002 the applicants' neighbours noticed a white Gazel vehicle parked not far from the applicants' house.
10. At 7.25 a.m. Ms B., Khava Magomadova's colleague, saw two UAZ-469 vehicles parked near the special task force checkpoint located in the railway station and three armed men in camouflage uniforms climbing into them. Then the vehicles drove away towards Karl Marx Street.
11. At about 7.30 a.m. Khava Magomadova went to work. According to her neighbours, as soon as she left the house the white Gazel that had been parked near her house drove off. When Khava Magomadova turned from Karl Marx Street int



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