Постановление Европейского суда по правам человека от 28.05.2009 «Дело Басаева и другие (Basayeva and others) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF BASAYEVA AND OTHERS v. RUSSIA
(Applications Nos. 15441/05 and 20731/04)

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 Basayeva 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,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni, judges,
and {Andre} Wampach, Deputy 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 two applications (No. 20731/04 and No. 15441/05) against the Russian Federation lodged with the Court on 30 April 2004 and 9 April 2005 respectively under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by eleven Russian nationals listed below. The second applicant died on 7 December 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, the former Representative of the Russian Federation at the European Court of Human Rights and subsequently by their new representative, Mr G. Matyushkin.
3. On 1 September 2005 the Court decided to apply Rule 41 of the Rules of Court and to grant priority treatment to both applications.
4. On 2 April 2007 and 7 March 2008 the Court decided to give notice of the applications to the Government.
5. Under the provisions of Article 29 § 3 of the Convention, the Court decided to examine the merits of the applications at the same time as their admissibility.
6. The Government objected to the joint examination of the admissibility and merits of the applications. Having considered the Government's objection, the Court dismissed it.

THE FACTS

I. The circumstances of the case

7. The applicants in case No. 15441/05 are:
1) Ms Malayka (also spelled as Malika) Adamovna Basayeva, born in 1956,
2) Ms Nura Basayeva, born in 1937,
3) Ms Limon Lechayevna Basayeva, born in 1979,
4) Ms Kheda Lechayevna Basayeva, born in 1990,
5) Mr Khasan Khavazhovich Basayev, born in 2002,
6) Mr Khoza Salmanovich Basayev, born in 1960,
The applicants in case No. 20731/04 are:
7) Ms Tatyana Aliyevna Dikayeva, born in 1969,
8) Mr Ali Dautovich Dikayev, born in 1932,
9) Ms Dagman Osmanovna Dautmirzayeva (also known as Dikayeva), born in 1977,
10) Ms Makka Dikayeva, born in 1997, and
11) Ms Madina Dikayeva, born in 1999.
8. The applicants live in Martan-Chu, in Urus-Martan district, Chechnya. Prior to her death in December 2005 the second applicant also lived there. Applicants one to six are relatives of Mr Lecha Basayev, who was born in 1955. The first applicant is his wife; the second applicant was his mother; the third and the fourth applicants are his daughters; the fifth applicant is his grandson and the sixth applicant is his brother. The applicants



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