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

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF MESHAYEVA AND OTHERS v. RUSSIA
(Application No. 27248/03)

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 Meshayeva 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,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 22 January 2009,
Delivers the following judgment, which was adopted on the last-mentioned date:

PROCEDURE

1. The case originated in an application (No. 27248/03) 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 16 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 that two of their relatives had disappeared after being detained by servicemen in Chechnya on 17 December 2002. They complained under Articles 2, 3, 5 and 13.
4. On 10 April 2006 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 27 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:
1. Ms Salamat Magomedsaliyevna Meshayeva, born in 1961;
2. Mr Lom-Ali Akhiadovich Meshayev, born in 1950;
3. Ms Ayshat Lom-Aliyevna Meshayeva, born in 1975;
4. Ms Petimat Lemayevna Elmurzayeva, born in 1989;
5. Ms Kheda Leomayevna Meshayeva, born in 1992;
6. Mr Khasan Leomayevich Meshayev, born in 1993;
7. Mr Khuseyn Leomayevich Meshayev, born in 1993;
8. Mr Mokhdan Lom-Aliyevich Meshayev, born in 1974;
9. Mr Mukhtar Suleymanovich Saydayev, born in 1971;
10. Ms Zharman Gazikhadzhiyevna Saydayeva, born in 1940;
11. Mr Aslan Suleymanovich Saydayev, born in 1963;
12. Ms Milana Aslanovna Saydayeva, born in 1997;
13. Ms Rumisa Dzhabrailovna Musayeva, born in 1965;
14. Mr Uvays Suleymanovich Saydayev, born in 1968;
15. Mr Islam Suleymanovich Saydayev, born in 1983;
16. Mr Magomed Uvaysovich Saydayev, born in 2000.
8. They live in the village of Martan-Chu, Urus-Martan district, Chechnya.

A. The applicants' relatives' arrest

9. The applicants represent two families. Two of their relatives were detained on the night of 16 t



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