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





s:
"The case materials reveal the following:
At about 5 p.m. on 30 December 2003 a group of the Chechen Department of the FSB carrying out operational and search activities in connection with the explosion of the House of the Chechen Government arrived at check-point No. 18. Around eight persons arrived in white Gazel and green UAZ vehicles. A slender, not tall woman of thirty or thirty-five years of age with the rank of major of the FSB was in charge of them. The group also included a third-rank captain named Dzhaguba ... [The members of the group] were accompanied by two APCs, which then drove away to a distance of 1 km. Information concerning suspicious persons was radio-transmitted from the check-point to military servicemen in the APCs.
At first the kidnapped were brought to the building in the city centre... possibly to one of the FSB units, where they were not interrogated. Then they were driven to Khankala, to utility buildings of the military intelligence department of the FSB in the North-Caucasus Region, where they were violently interrogated ... about the explosion of the House of the Government. They were kept in a small metal cabin..."
83. The report then summarises witness statements made by officers of the FSB, according to which the FSB had not carried out any operations related to the investigation into the attack on the House of the Government of the Chechen Republic and had not detained Adlan Dovtayev, Sharpuddin Israilov and others. Those interrogated also stated that a woman with the rank of major and a man named Dzhakuba had not been employed by the Chechen Department of the FSB.
84. The report further mentions statements made by other witnesses and victims and lists requests sent to the military prosecutor's office of the Rostov-on-Don garrison. Lastly, it contains information on the identities of those kidnapped.

II. Relevant domestic law

85. For a summary of relevant domestic law see Akhmadova and Sadulayeva v. Russia, No. 40464/02, §§ 67 - 69, 10 May 2007.

THE LAW

I. The Government's objection regarding locus standi

86. The Government suggested that the applicants had probably been unaware of the contents of the application form, which had been signed not by the applicants, but by the lawyers working for SRJI. Moreover, one of the lawyers who had signed the application form had not been mentioned in the powers of attorney issued by the applicants. Referring to the Court's decision in Vasila and Petre Constantin in the name of Mihai Ciobanu v. Romania (No. 52414/99, 16 December 2003), the Government concluded that the applicants lacked locus standi in the present case.
87. The Court observes that the applicants gave the SRJI and its three lawyers powers of attorney, thus duly authorising this NGO to represent their interests in the Strasbourg proceedings, and in particular to sign on their behalf application forms submitted to the Registry. There are no grounds to believe that the applicants issued those powers of attorney against their will. The fact that one of the SRJI lawyers was not named in the powers of attorney does not in itself mean that the applicants lacked locus standi. Accordingly, the Government's objection must be dismissed.

II. The Government's objection
as to non-exhaustion of domestic remedies

A. The parties' submissions

88. The Government contended that the complaint should be declared inadmissible for non-exhaustion of domestic remedies. They submitted that the investigation of the disappearance of Adlan Dovtayev and Sharpuddin Israilov had not yet been completed. The Government further argued that it had been open to the applicants to request the investigators to question particular witnesses, as well as to challenge



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