Постановление Европейского суда по правам человека от 12.02.2009 «Дело Бантаева и другие (Bantayeva and others) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF BANTAYEVA AND OTHERS v. RUSSIA
(Application No. 20727/04)

JUDGMENT <*>

(Strasbourg, 12.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 Bantayeva 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 22 January 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 20727/04) 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 eleven Russian nationals, listed below ("the applicants"), on 18 May 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 the former Representative of the Russian Federation at the European Court of Human Rights Ms V. Milinchuk.
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 23 May 2007 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) Ms Dagman Bantayeva, born in 1932,
2) Ms Kometa Mauladiyevna Manayeva, born in 1966,
3) Ms Zina Rashedovna Bantayeva, born in 1970,
4) Ms Khava Abubakarovna Bantayeva, born in 1988,
5) Ms Petimat Salmanovna Bantayeva, born in 1991,
6) Mr Islam Abubakarovich Manayev, born in 1998,
7) Ms Amnat Abubakarovna Bantayeva, born in 1996,
8) Mr Magomed Salmanovich Bantayev, born in 1989,
9) Ms Rayana Salmanovna Bantayeva, born in 2003,
10) Mr Dzhokhar Salmanovich Bantayev, born in 1998, and
11) Ms Amina Abubakarovna Manayeva, born in 1993.
7. The applicants are Russian nationals who live in the village of Komsomolskoye, in the Gudermes district of Chechnya.
8. The applicants are relatives. The first applicant is the mother of Mr Abubakar Aliyevich Bantayev (also known as Bakra Manayev), born in 1957, and Mr Salman Aliyevich Bantayev, born in 1962. Abubakar Bantayev is married to the second applicant; they are the parents of the fourth, sixth, seventh and the eleventh applicants. Salman Bantayev is married to the third applicant; they are the parents of the fifth, eighth, ninth and tenth applicants. The first applicant has two other children, Ms Madina Bantayeva and Mr Shamil Bantayev, who are not applicants in this case.
9.



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