Постановление Европейского суда по правам человека от 14.05.2009 «Дело Тайсумов и другие (Taysumov and others) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF TAYSUMOV AND OTHERS v. RUSSIA
(Application No. 21810/03)

JUDGMENT <*>

(Strasbourg, 14.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 Taysumov and Others 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, judges,
and {Andre} <*> Wampach, Deputy 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 14 April 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 21810/03) 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 three Russian nationals, Mr Supyan Yusupovich Taysumov, Ms Roza Shomsuyevna Idrisova and Ms Kheda Kazbekovna Taysumova ("the applicants"), on 16 June 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, and subsequently by their Acting Representative, Mr A. Savenkov.
3. The applicants alleged that their close relatives had died in an artillery attack by Russian military forces at their family house, that there had been no effective investigation into the deaths, that the applicants themselves had been left with severe mental suffering and that they had no effective domestic remedies at their disposal.
4. On 29 August 2004 the Court decided to apply Rule 41 of the Rules of Court.
5. By a decision of 27 March 2008, the Court declared the application admissible.
6. The applicants and the Government each filed 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 first applicant was born in 1942, the second applicant was born in 1944 and the third applicant was born in 2002. They live in the village of Chechen-Aul, the Groznenskiy District, in the Chechen Republic.
8. The first and second applicants are spouses and the parents of Mr Kazbek Taysumov, born in 1972. Kazbek Taysumov was married to Ms Zulpat Eskirkhanova, born in 1978; the couple had two daughters - Ms Ayshat Eskirkhanova, born in 1999, and the third applicant. They all lived in a private house at Molodezhnaya Street, Chechen-Aul.

A. Attack of 7 September 2002
and death of the applicants' relatives

1. The applicants' account

9. At about 10.10 p.m. on 7 September 2002 Kazbek Taysumov, Zulpat Eskirkhanova and their elder daughter Ayshat were having dinner in the courtyard of the Taysumovs' house. Their neighbour, Mr D., who had come to



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