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

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF ALAUDINOVA v. RUSSIA
(Application No. 32297/05)

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 Alaudinova 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. 32297/05) 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 a Russian national, Ms Lipa Aliyevna Alaudinova ("the applicant"), on 5 August 2005.
2. The applicant was represented by lawyers of EHRAC/Memorial, a non-governmental organisation with offices in Moscow and London. The Russian Government "the Government" were represented by Mrs V. Milinchuk, the former Representative of the Russian Federation at the European Court of Human Rights and subsequently by their new representative, Mr G. Matyushkin.
3. On 7 March 2008 the Court decided to apply Rule 41 of the Rules of Court and to grant priority treatment to the application.
4. On 7 March 2008 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 priority treatment of the application and to the joint examination of its admissibility and merits. Having considered the Government's objection, the Court dismissed it.

THE FACTS

I. The circumstances of the case

6. The applicant was born in 1942 and lives in Urus-Martan, Chechnya. She is the mother of Bekkhan Alaudinov, who was born in 1976.
7. The facts of the case, as submitted by the parties, may be summarised as follows.

A. Disappearance of Bekkhan Alaudinov and subsequent events

1. The applicant's account

8. In November 2001 the town of Urus-Martan, Chechnya, was under the full control of the Russian military forces. A curfew was imposed in the area. All roads to and from the town were blocked by Russian military checkpoints.
9. On the night of 8 November 2001 the applicant and her sons Bekkhan and Aslanbek Alaudinov were in their house at 30 Proletarskaya Street, in Urus-Martan, Chechnya.
10. At about 4.30 a.m. someone knocked at the door of the applicant's house. When the applicant asked who was there, she was told that it was the police. After she opened the door, three armed men in camouflage uniform entered the house. Two of them were wearing masks; the third one did not have a mask and had a Slavic appearance. The men neither introduced themselves nor produced any documents. They spoke Russian without an accent and behaved like an organised group with a chain of command. The applicant thought that they were Russian military servicemen.


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