Постановление Европейского суда по правам человека от 02.04.2009 «Дело Сайдалиева и другие (Saydaliyeva and others) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF SAYDALIYEVA AND OTHERS v. RUSSIA
(Application No. 41498/04)

JUDGMENT <*>

(Strasbourg, 2.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 Saydaliyeva 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,
Khanlar Hajiyev,
Dean Spielmann,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 12 March 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 41498/04) 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 three Russian nationals, namely Ms Erist Adamovna Saydaliyeva, Ms Nakhapu Yakubovna Dautkhadzhiyeva and Ms Khavra Khasanovna Saydaliyeva, ("the applicants"), on 2 November 2004.
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 13 June 2007 the Court decided to apply Rule 41 of the Rules of Court and to grant priority treatment to the application, as well as 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.
4. 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

5. The applicants were born in 1954, 1974 and 1979 respectively. They live in the village of Serzhen-Yurt, the Shali District, in the Chechen Republic.
6. The first applicant is the mother of the third applicant, Ms Luisa Saydaliyeva and of Mr Vakha Khasanovich Saydaliyev, born in 1976. At the material time Vakha Saydaliyev lived with the second applicant and had three children with her. Vakha Saydaliyev was disabled: he had had a leg amputated as a result of a trauma.

A. Disappearance of Vakha Saydaliyev

1. The applicants' account

(a) Abduction of Vakha Saydaliyev
7. On 16 April 2002 the Saydaliyevs gathered their relatives and acquaintances in their house at 50 Sheripov Street, the village of Serzhen-Yurt, for the funeral of a family member. At some point Vakha Saydaliyev absented himself from home for a while and went to visit his neighbours.
8. At about 1 p.m. two armoured personnel carriers ("APCs") and three Ural vehicles arrived at the Sandaliyevs' house; around fifty or sixty armed men who wore camouflage uniforms and spoke Russian without an accent got out of them. The applicants believed the men to be Russian military servicemen.
9. The servicemen proceeded to the courtyard and blocked the gates to



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