Постановление Европейского суда по правам человека от 09.04.2009 «Дело Малсагова и другие (Malsagova and others) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF MALSAGOVA AND OTHERS v. RUSSIA
(Application No. 27244/03)

JUDGMENT <*>

(Strasbourg, 9.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 Malsagova and Others 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 19 March 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 27244/03) 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 seven Russian nationals listed below ("the applicants"), on 9 July 2003.
2. The applicants, who had been granted legal aid, 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 Mr P. Laptev and Ms V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights.
3. The applicants alleged, in particular, that their relative, Saydi Malsagov, had disappeared after having been unlawfully detained by Russian servicemen and that the domestic authorities had failed to carry out an effective investigation into the matter; that the disappearance had caused their profound mental suffering; and that they had been deprived of effective remedies in respect of the aforementioned violations.
4. On 29 August 2004 the Court decided to apply Rule 41 of the Rules of Court.
5. By a decision of 6 March 2008, the Court declared the application partly admissible.
6. The applicants and the Government each submitted further written observations (Rule 59 § 1). 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

7. The applicants are:
1) Ms Tabarik Malsagova, born in 1952;
2) Ms Zulikhan Mayrsoltovna Malsagova, born in 1978;
3) Ms Shovda Mayrsoltovna Malsagova, born in 1987;
4) Ms Tamila Mayrsoltovna Malsagova, born in 1983;
5) Ms Yakha Mayrsoltovna Malsagova, born in 1974;
6) Mrs Kometa Mayrsoltovna Malsagova, born in 1973; and
7) Mr Tamerlan Mayrsoltovich Malsagov, born in 1983.
They live in the town of Urus-Martan, in the Chechen Republic.
8. The first applicant is the mother of Mr Saydi Mayrsoltovich Malsagov, born in 1980. The other applicants are the first applicant's children and siblings of Saydi Malsagov. The applicants live in their family house at 22 Shvernika Street, Urus-Martan.

A. Disappearance of Saydi Malsagov

1. The applicants' account

9. At about 2 a.m. on 7 November 2002 a group of about twenty-five or thirty masked men in camou



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