Постановление Европейского суда по правам человека от 05.02.2009 «Дело Хайдаева и другие (Khaydayeva and others) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF KHAYDAYEVA AND OTHERS v. RUSSIA
(Application No. 1848/04)

JUDGMENT <*>

(Strasbourg, 5.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 Khaydayeva 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 15 January 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 1848/04) 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 eight Russian nationals, listed below ("the applicants"), on 26 November 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 subsequently by Ms V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights.
3. On 1 September 2005 the Court decided to grant priority treatment to the application (Rule 41 of the Rules of Court).
4. On 9 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. On 15 January 2009 the Court dismissed the Government's objection concerning the application of Article 29 § 3 of the Convention.

THE FACTS

I. The circumstances of the case

6. The applicants are:
1. Ms Polla Usmanovna Malikova, born in 1954,
2. Mr Khamzat Dudayevich Malikov, born in 1950,
3. Ms Yakha Dudushevna Khaydayeva, born in 1951,
4. Mr Alvi Dakayevich Khatuyev, born in 1941,
5. Ms Aset Abdurakhmanovna Akhmatova, born in 1953,
6. Ms Saneta Kirgizbayevna Akhmatova, born in 1981,
7. Ms Malika Akhmarovna Salamkhanova, born in 1951,
8. Mr Luisa Said-Khusinovna Ismailova, born in 1971.
7. The applicants are Russian nationals who live in Duba-Yurt, Shalinskiy District, in the Chechen Republic. They were represented before the Court by lawyers of the Stichting Russian Justice Initiative ("SRJI"), an NGO based in the Netherlands with a representative office in Russia.
8. The first and second applicants are spouses and are the parents of Mr Suliman Khamzatovich Malikov, born in 1975. The third and fourth applicants are spouses and are the parents of Mr Adlan Alviyevich Khatuyev, born in 1977 and Mr Aslan Alviyevich Khatuyev, born in 1983. The fifth and sixth applicants are the mother and sister of Mr Sayd-Salu Kirgizbayevich Akhmatov, born in 1975. The seventh and eighth applicants are the mother and sister of Mr Mansur Sayd-Khusinovich Ismailov, born in 1984.
9. Mr Suliman Malikov, Mr Aslan Khatuyev, Mr Mansur Ismailov and Mr Sayd-Salu Akhmatov had no permane



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