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Постановление Европейского суда по правам человека от 22.01.2009 «Дело Заурбекова и Заурбекова (Zaurbekova and Zaurbekova) против России» [англ.]





d her brother had been living and the ensuing search had been unlawful and had infringed her and Isa Zaurbekov's right to respect for their home, private and family life, as guaranteed by Article 8 of the Convention. The second applicant further complained that the seizure of her and her brother's belongings during the search on 11 February 2003 had not been justified under Article 1 of Protocol No. 1. Those Articles, in so far as relevant, read as follows:
Article 8
"1. Everyone has the right to respect for his private and family life, his home...
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."
Article 1 of Protocol No. 1
"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties."
108. The second applicant maintained her complaints under Article 8 of the Convention and Article 1 of Protocol No. 1.
109. The Government denied that the State was responsible for the alleged breaches of Article 8 and Article 1 of Protocol No. 1. They stated that representatives of the State had never carried out "a search in accordance with a procedure established by law" in the flat in which the second applicant and her brother had lived, and claimed that therefore "the actions of unidentified persons [who had taken away Isa Zaurbekov and the applicants' property] should be qualified as robbery" and that criminal proceedings had been brought in this connection.
110. The Court has found above that the men who took Isa Zaurbekov away on 11 February 2003 were State agents. It observes that although the Government denied their responsibility for the alleged violations of the second applicant's rights under Article 8 and Article 1 of Protocol No. 1, they conceded that the men who had abducted Isa Zaurbekov had entered the flat in which the second applicant and her brother had been living and taken away the computer central processing unit, compact discs and a family photo album. The Government did not call into question the second applicant's or her brother's ownership of the property in issue, nor disputed the second applicant's argument that the persons referred to had entered the flat against her or her brother's will. The Court is therefore satisfied that the actions of the aforementioned men constituted an interference with the right of the second applicant and her brother to respect for their home secured by Article 8 of the Convention and their property rights under Article 1 of Protocol No. 1. The Court further notes the absence of any justification on the part of the State for its agents' actions in that regard. It accordingly finds that there has been a violation of the right of the second applicant and her brother to respect for their home under Article 8 of the Convention and their property rights under Article 1 of Protocol No. 1.

VI. Alleged violation of Article 13 of the Convention

111. The applicants alleged the absence of any effective remedies in respect of the violations of their rights secured by Articles 2, 3, 5 and 8 of the Conventio



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