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

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF DOKAYEV AND OTHERS v. RUSSIA
(Application No. 16629/05)

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 case of Dokayev 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. 16629/05) 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 eleven Russian nationals listed below ("the applicants"), on 29 April 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, 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 1 September 2005 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 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) Mr Balaudy Dokayev, born in 1945,
2) Ms Koku Khamidovna Dokayeva, born in 1953,
3) Ms Rosa Talkhigova, born in 1974,
4) Ms Razet Dokayeva, born in 1996,
5) Ms Dinara Dokayeva, born in 2003,
6) Mr Timur Dokayev, born in 2000,
7) Ms Maymont (also spelled as Maymut) Askhabova, born in 1933,
8) Ms Maryam Bakarayeva, born in 1963,
9) Mr Khalid Askhabov, born in 1956,
10) Mr Leytche Dubayev, born in 1953,
11) Ms Aysara Dubayeva, born in 1957.
The applicants are three families who live in Grozny, Chechnya. The first applicant family consists of six persons (applicants 1 - 6). The first applicant is married to the second applicant. They are the father and the stepmother of Isa Dokayev (also spelled Dakayev), who was born in 1969. The third applicant is his wife; the fourth and fifth applicants are his daughters and the sixth applicant is his son. The second applicant family consists of three persons (applicants 7 - 9). The seventh applicant is the mother of Ruslan Askhabov, who was born in 1962. The eighth applicant is his wife and the ninth applicant is his brother. The third applicant family consists of two persons (applicants 10 - 11). They are married and are the parents of Isa



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