Постановление Европейского суда по правам человека от 26.02.2009 «Дело Астамирова и другие (Astamirova and others) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF ASTAMIROVA AND OTHERS v. RUSSIA
(Application No. 27256/03)

JUDGMENT <*>

(Strasbourg, 26.II.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 Astamirova 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,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 5 February 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 27256/03) 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 11 July 2003.
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 Mr P. Laptev and Ms V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights.
3. The applicants alleged that their relative had disappeared after being detained by servicemen in Chechnya on 5 August 2002. They complained under Articles 2, 3, 5, 13 and 14.
4. On 29 August 2004 the President of the First Section decided to grant priority to the application under Rule 41 of the Rules of Court.
5. By a decision of 13 March 2008, the Court declared the application partly admissible.
6. 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 relatives. They are:
1. Ms Rumisa Zayndyevna Astamirova, born in 1978;
2. Ms Zoya Khamzatovna Astamirova, born in 1944;
3. Ms Roza Zayndyevna Astamirova, born in 1970;
4. Ms Petimat Shaitovna Algiriyeva, born in 1976;
5. Ms Kheda Aslanbekovna Algiriyeva, born in 2001;
6. Ms Dinara Aslanbekovna Algiriyeva, born in 2003;
7. Ms Raisa Zayndyevna Astamirova, born in 1968.
8. They live in the village of Gekhi, in the Urus-Martan district of Chechnya.

A. The applicants' relative's arrest

9. The first, third and seventh applicants are sisters of Aslanbek Zayndyevich Astamirov (born in 1974). The second applicant is Aslanbek Astamirov's mother. The fourth applicant is his wife, and the fifth and sixth applicants are their daughters (the sixth applicant was born in March 2003). The seventh applicant is deaf mute. The applicants submitted that their relative Aslanbek Astamirov had suffered from TB for the previous seven years and that he had been in need of regular medical assistance.
10. The applicants live in their own six-room house at 45 Sheripova Street in the village of Gekhi, in the Urus-Martan district. In the same courtyard there is anothe



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