Постановление Европейского суда по правам человека от 23.04.2009 «Дело Исраилова и другие (Israilova and others) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF ISRAILOVA AND OTHERS v. RUSSIA
(Application No. 4571/04)

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 Israilova 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,
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. 4571/04) 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 sixteen Russian nationals listed in paragraph 6 below ("the applicants") on 4 December 2003.
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 1 September 2005 the Court decided to give the case priority (Rule 41 of the Rules of Court).
4. On 13 June 2007 the Court decided to give notice of the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.
5. 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

6. The applicants are:
1) Ms Tabarik Tagirovna Israilova, born in 1953;
2) Mr Shirvan Mikhaylovich Israilov, born in 1940;
3) Mr Tagir Atiyevich Gikhayev, born in 1924;
4) Ms Avlaz Akhmayevna Gikhayeva, born in 1929;
5) Mr Alikhan Shirvanyevich Israilov, born in 1976;
6) Ms Petimat Shirvanovna Israilova, born in 1975;
7) Mr Magomed Shirvanyevich Israilov, born in 1993;
8) Ms Roza Abdulkhamidovna Dovtayeva, born in 1951;
9) Ms Fatima Saidselimovna Ismailova, born in 1970;
10) Ms Aminat Adlanovna Dovtayeva, born in 2000;
11) Ms Iman Adlanovna Dovtayeva, born in 1995;
12) Mr Magomed-Khasan Adlanovich Dovtayev, born in 1993;
13) Mr Aslan Dzhunidovich Dovtayev;
14) Ms Roza Dzhunaidovna Aydamirova, born in 1963;
15) Ms Raisa Dzhunaidovna Dovtayeva, born in 1965; and
16) Ms Madina Dzhunaidovna Talkhigova, born in 1979.
The applicants live in the villages of Gekhi and Kulary, in the Urus-Martan District of the Chechen Republic.
7. The first and second applicants are the parents of the fifth, sixth and seventh applicants, as well as of Mr Sharpuddin (also spelled "Sharpudi") Shirvaniyevich Israilov, born in 1973. The third and fourth applicants are the parents of the first applicant.
8. The eighth applicant is the mothe



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