Постановление Европейского суда по правам человека от 12.02.2009 «Дело Аюбов (Ayubov) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF AYUBOV v. RUSSIA
(Application No. 7654/02)

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 Ayubov 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,
Sverre Erik Jebens,
Giorgio Malinverni, 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. 7654/02) 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 a Russian national, Mr Dusid Ayubov ("the applicant"), on 31 January 2002.
2. The applicant, who had been granted legal aid, was represented by lawyers of the Memorial Human Rights Centre (Moscow) and the European Human Rights Advocacy Centre (London). The Russian Government ("the Government") were represented first by Mr P. Laptev and then by Ms V. Milinchuk, both former Representatives of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged that his son had disappeared following his unacknowledged detention and that there had been no adequate investigation into the matter. He also complained of the destruction of his property and the lack of effective remedies in respect of those violations. The applicant referred to Articles 2, 5 and 13 of the Convention and Article 1 of Protocol No. 1.
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 5 July 2007, the Court declared the application admissible.
6. The applicant and the Government each filed further written observations (Rule 59 § 1).

THE FACTS

I. The circumstances of the case

7. The applicant was born in 1926 and lived in Grozny, the Chechen Republic. On 9 January 2003 the applicant died and his wife, Ms Ashat Ayubova, expressed her intention to pursue the application before the Court on the applicant's behalf in letters of 31 January and 26 December 2005.

A. The facts

8. The applicant and his wife, Ms Ashat Ayubova, are the parents of Mr Adam Ayubov, born in 1959. They lived in Grozny in their privately owned house at 17 Narvskaya Street with other family members. In the winter of 1999 - 00 the applicant and other members of his family left Grozny because of the hostilities. Adam Ayubov remained in Grozny to guard the house and property. He was married and had two children. Before the unrest in Chechnya he had served in the elite troops of the Ministry of the Interior and had held the highest sport title of the USSR.

1. Events of 19 January 2000

9. On 19 January 2000, during daylight hours, a group of armed men in camouflage uniforms arrived at Narvskaya Street in a Ural military truck. The applicant, who did not witness his son's detention, referred to eyewitness statements of his neighbours to



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