Постановление Европейского суда по правам человека от 23.04.2009 «Дело Гакиев и Гакиева (Gakiyev and Gakiyeva) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF GAKIYEV AND GAKIYEVA v. RUSSIA
(Application No. 3179/05)

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 Gakiyev and Gakiyeva 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 {Soren} <*> Nielsen, 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 2 April 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 3179/05) 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 Khalid Baykhayevich Gakiyev and Ms Malkan Shatayevna Gakiyeva ("the applicants"), on 14 January 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 24 October 2007 the President of the First Section decided to give the application priority (Rule 41 of the Rules of Court) and to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3 of the Convention).
4. 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.

THE FACTS

I. The circumstances of the case

5. The applicants were born in 1952 and 1960 respectively. They live in the town of Argun, in the Shali District of the Chechen Republic.
6. The applicants are the parents of Mr Idris Khalidovich Gakiyev, born in 1980. At the material time the applicants and their son lived at 33 the Eighth of March Lane, in the town of Argun.

A. Events of 30 November 2003

1. The applicants' account

(a) Abduction of Idris Gakiyev
7. At about 2 a.m. on 30 November 2003 three armoured personnel carriers ("APCs") arrived at the applicants' house. A group of armed men wearing camouflage uniforms got off the vehicles and burst inside. The men wore no masks and had Slavic features; they did not identify themselves but the applicants inferred that they belonged to the Russian special task forces.
8. The servicemen severely beat the first applicant with the butts of their machine guns; when he lost consciousness, they left him lying on the floor. At some point they poured petrol over the first applicant's body. Then they seized Idris Gakiyev, took him outside and placed him in one of the APCs. Before leaving, the servicemen set the applicants' house on fire. Then they climbed into the APCs and drove away.
9. The second applicant went out into the street and cried. The first applicant some



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