Постановление Европейского суда по правам человека от 08.01.2009 «Дело Шахгириева и другие (Shakhgiriyeva and others) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF SHAKHGIRIYEVA AND OTHERS v. RUSSIA
(Application No. 27251/03)

JUDGMENT <*>

(Strasbourg, 8.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 Shakhgiriyeva and Others 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 4 December 2008,
Delivers the following judgment, which was adopted on the last-mentioned date:

PROCEDURE

1. The case originated in an application (No. 27251/03) 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 seven 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 their relatives had been detained by servicemen in Chechnya on 23 October and 3 November 2002 and then killed. They complained under Articles 2, 3, 5 and 13 of the Convention.
4. On 1 September 2005 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 28 February 2008 the Court declared the application 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 Asht Khamidovna Shakhgiriyeva, born in 1960;
(2) Ms Zarema Baudinovna Esmurzayeva (Magomadova), born in 1971;
(3) Ms Alpatu Magomadova, born in 1922;
(4) Ms Zarema Kharonovna Umarova, born in 1968;
(5) Ms Ayshat Bibulatovna Gerasiyeva, born in 1985;
(6) Ms Aza Ayubovna Abayeva, born in 1972;
(7) Ms Svetlana Galaniyevna Dakasheva, born in 1961.
8. The applicants are Russian nationals and residents of the village of Chechen-Aul, in the Grozny district of Chechnya. The sixth applicant currently resides outside Russia.
9. The facts of the case are mostly not in dispute between the parties. They may be summarised as follows.

A. Detention of eight persons
and the searches of 23 October 2002

10. The applicants submitted that in the early hours of 23 October 2002 eight persons had been detained in their village by a group of servicemen wearing masks and camouflage uniforms and moving around in a Ural military truck, UAZ all-terrain military vehicles and armoured personnel carriers (APCs) with obscured number plates. Among the eight persons there were four relative



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