Постановление Европейского суда по правам человека от 23.04.2009 «Дело Хачукаев (Khachukayev) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF KHACHUKAYEV v. RUSSIA
(Application No. 28148/03)

JUDGMENT <*>

(Strasbourg, 23.IV.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 Khachukayev 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,
Elisabeth Steiner,
Khanlar Hajiyev,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 2 April 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 28148/03) 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, Saydamin Mumadovich Khachukayev ("the applicant"), on 25 July 2003.
2. The applicant, who had been granted legal aid, was represented by Mr D. Itslayev, a lawyer practising in Nazran. The Russian Government ("the Government") were represented by 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 his son been killed following his detention by Russian servicemen in Chechnya. He referred to Articles 2, 5, 13 and 38 of the Convention.
4. By a decision of 18 September 2008, the Court declared the application partly admissible.
5. 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

6. The applicant was born in 1927 and lives in Goyty, Urus-Martan district, Chechnya.
7. The facts of the case, as submitted by the parties, may be summarised as follows.
8. The applicant is the father of Murad Khachukayev, born in 1974. At the material time they lived, along with the applicant's daughter and other two sons and their family members, in a private household comprising two houses at 141 Kirova Street in the village of Goyty (in the submitted documents the village is also referred to as Goyskoye), in the Urus-Martan District, Chechnya. The village was under curfew.

A. Abduction of Murad Khachukayev

1. Information submitted by the applicant

9. The applicant's account of events was based on his statements as well as on eyewitness statements from his daughter, two daughters-in-law and youngest son.
10. On the night of 4 - 5 February 2003 the applicant, his elder son with his wife and their two children, the applicant's daughter and daughter-in-law were sleeping in one of their houses, while Murad Khachukayev and the applicant's youngest son were sleeping in the other one, situated in the same courtyard.
11. Around 2.30 a.m. a group of about fifteen masked men in camouflage uniform broke into the applicant's house. The intruders had machine-guns, ammunition belts ("разгрузка"), sniper rifles and torches. They did not produce identity pape



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