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

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF NENKAYEV AND OTHERS v. RUSSIA
(Application No. 13737/03)

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 Nenkayev 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,
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. 13737/03) 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 ten Russian nationals listed below ("the applicants"), on 24 March 2003.
2. The applicants, who had been granted legal aid, 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 Mr P. Laptev and Ms V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights.
3. The applicants alleged, in particular, that their relative, Muslim Nenkayev, had disappeared after having been unlawfully detained by Russian servicemen and that the domestic authorities had failed to carry out an effective investigation into the matter; that Muslim Nenkayev had probably been ill-treated; that they had had no access to court; that the servicemen had unlawfully searched their home; that Muslim Nenkayev's disappearance had caused them profound mental suffering; and that they had been deprived of effective remedies in respect of the aforementioned violations. The third applicant also complained about his unlawful detention and lack of compensation for it.
4. On 24 October 2005 the Court decided to apply Rule 41 of the Rules of Court.
5. By a decision of 20 March 2008, the Court declared the application partly admissible.
6. The applicants and the Government each submitted further written observations (Rule 59 § 1). 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 applicants are:
1) Mr Moldi Nazhmudinovich Nenkayev, born in 1952;
2) Ms Zura Vakhayevna Nenkayeva, born in 1955;
3) Mr Isa Moldiyevich Nenkayev, born in 1977;
4) Mr Musa Moldiyevich Nenkayev, born in 1976;
5) Mr Ruslan Moldiyevich Nenkayev, born in 1984;
6) Mr Apti Moldiyevich Nenkayev, born in 1986;
7) Mr Sulim Moldiyevich Nenkayev, born in 1990;
8) Mr Islam Moldiyevich Nenkayev, born in 1993;
9) Ms Iman Moldiyevna Nenkayeva, born in 1996; and
10) Ms Aminat Khasanovna Nenkayeva, born in 1982.
They live in the town of Urus-Martan, in the Chechen Republic.
8. The first two applicants are spouses and the parents of eight childre



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