Постановление Европейского суда по правам человека от 15.01.2009 «Дело Абдурзакова и Абдурзаков (Abdurzakova and Abdurzakov) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF ABDURZAKOVA AND ABDURZAKOV v. RUSSIA
(Application No. 35080/04)

JUDGMENT <*>

(Strasbourg, 15.I.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 Abdurzakova and Abdurzakov v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} <*> Nielsen, Section Registrar,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Having deliberated in private on 11 December 2008,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 35080/04) 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 two Russian nationals, Ms Taisa Sayd Aliyevna Abdurzakova and Mr Khavazh Khozh-Akhmedovich Abdurzakov ("the applicants"), on 19 August 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 Ms V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights.
3. On 1 September 2005 the Court decided to apply Rule 41 of the Rules of Court.
4. On 13 June 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 were born in 1962 and 1949 respectively. They live in Urus-Martan in the Chechen Republic.
7. The applicants are married. They are the parents of Mr Vakha Khavazhovich Abdurzakov, born in 1981.

A. Disappearance of Vakha Abdurzakov

1. The applicants' account

(a) Abduction of Vakha Abdurzakov
8. On the night of 24 to 25 October 2002 the Abdurzakovs were sleeping in their family house at 234 Sheripov Street, Urus-Martan.
9. At about 3 a.m. on 25 October 2002 barking dogs woke the applicants. The second applicant heard human voices, looked out of the window and saw four armed men wearing camouflage uniforms and masks.
10. The second applicant stepped outside the house and saw in the courtyard around thirty armed men who ordered him in Russian to stop. He also heard the engine of an armoured personnel carrier ("APC").
11. The armed men ordered the second applicant to raise his hands and entered the house. There they forced him to his knees and searched the house without producing any warrant. Some of them pointed their machine guns at the first applicant.
12. Meanwhile several armed men entered Vakha Abdurzakov's room and ordered him to identify himself. The first applicant produced her son's identi



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