Постановление Европейского суда по правам человека от 10.06.2010 «Дело Ильясова (ilyasova) против России» [англ.]

Город принятия

EUROPEAN COURT OF HUMAN RIGHTS
FIRST SECTION
CASE OF ILYASOVA v. RUSSIA
(Application No. 26966/06)
JUDGMENT*
(Strasbourg, 10.VI.2010)
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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 Ilyasova v. Russia,

The European Court of Human Rights (First Section), sitting as a Chamber composed of:

Christos Rozakis, President,

Anatoly Kovler,

Khanlar Hajiyev,

Dean Spielmann,

Sverre Erik Jebens,

Giorgio Malinverni,

George Nicolaou, judges,

and {Soren}*Nielsen, Section Registrar,

____________________________
*Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Having deliberated in private on 20 May 2010,

Delivers the following judgment, which was adopted on that date:

PROCEDURE
1. The case originated in an application (No. 26966/06) 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 Ms Dugurkhan Ilyasova, a Russian national, ("the applicant") on 12 May 2006.

2. The applicant was represented by lawyers of the NGO EHRAC/Memorial Human Rights Centre. The Russian Government ("the Government") were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.

3. On 4 July 2008 the Court decided to apply Rule 41 of the Rules of Court and to grant priority treatment to the application and 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.

4. The Government objected to the joint examination of the admissibility and merits of the application and the application of Rule 41 of the Rules of Court. Having considered the Government's objection, the Court dismissed it.

THE FACTS
I. The circumstances of the case
5. The applicant was born in 1944. She lives in the village of Katyr-Yurt, in the Chechen Republic. The applicant is the mother of Magomed-Salekh Ilyasov, born in 1979, and Magomed-Ali Ilyasov, born in 1981.

A. Disappearance of Magomed-Salekh and Magomed-Ali Ilyasov
1. The applicant's account
6. At the material time the applicant lived with her sons Magomed-Salekh and Magomed-Ali Ilyasov and other relatives at 25 Sadovaya Street, Katyr-Yurt, in the Achkhoy-Martanovskiy District in the Chechen Republic. The authorities maintained manned checkpoints at the entry and exit points to and from the village, which was under curfew at the material time.

7. On the night of 12 November 2002 the applicant and her family were sleeping in their house at the above address. At about 4 a.m. two APCs (armoured personnel carriers) and a UAZ vehicle without registration numbers arrived in the applicant's street. One of the APCs pulled over by the applicant's gate and the other one by her neighbour's house. A group of armed men in camouflage uniforms emerged from the vehicles and walked to the applicant's house. Another group consisting of several armed men blocked the perimeter of the applicant's house. They took up their positions at intervals, preventing the applicant's neighbours from getting into the street.

8. At about 4 a.m. the applicant and L.Sh., her daughter-in-law, got up and went into the kitchen to prepare a meal. They had to cook at night because it was Ramadan. The women were in the kitchen when an armed masked man in a camouflage uniform broke into the room. He neither identified himself nor produced any documents. Pointing his assault rifle at the applicant, he asked in unaccented Russian: "Is anybody here?" and without even listening to the applicant's reply he went back outside.

9. The applicant rushed to the room of her son Magomed-Ali. She saw him on the floor, with his hands bound behind his back. He was surrounded by a group of armed masked men in camouflage uniforms. The men spoke Russian without an accent and behaved aggressively. The applicant and her relatives thought that they were Russian servicemen.

10. At about the same moment five or six servicemen burst into the room where the applicant's other son, A.I., was sleeping. They pushed him into another room and ordered to furnish his identity papers. When he asked his relatives in Chechen to fetch those documents, the servicemen ordered him in Russian to remain silent and to lie down. The servicemen spoke unaccented Russian.

11. Shortly thereafter the servicemen took Magomed-Ali to the yard and put him into a shed. The applicant and her daughter-in-law ran outside and started screaming. One of the armed men ordered the applicant to stay quiet and hit her with his rifle butt. The applicant fell to the ground. The applicant's daughter-in-law asked the servicemen if she could help the applicant to get up. In response one of the officers threatened to shoot the applicant's daughter-in-law if she did not get back into the house.

12. The applicant remained in the yard. She got up and saw her second son, Magomed-Salekh, in the yard, surrounded by a large group of the servicemen. His hands were bound behind his back; his head was covered with his T-shirt. The applicant saw an APC parked next to her gate and the other one parked nearby, next to her neighbours' house. The applicant ran up to Magomed-Salekh and stood up next to him. At this moment she saw the servicemen taking her fourth son, M.I., from the house into the yard. The applicant fainted.

13. Meanwhile the servicemen took Magomed-Salekh and Magomed-Ali into the street and put them into the APC at the gate. They let the applicant's fourth son, M.I., go and told him to calm his mother down. The vehicles drove away towards the centre of Katyr-Yurt. A number of the applicant's neighbours witnessed the abduction of the applicant's sons.

14. After the APCs had driven away, relatives carried the applicant from the yard into the house. On the way there she regained consciousness and saw two servicemen taking away her chainsaw, a bucket of garlic and Magomed-Salekh's training shoes. The men got into the remaining vehicle and drove away towards the village centre.

15. The description of the events of the night of 12 November 2002 is based on the following accounts provided to the applicant's representatives: the applicant's account, given on 20 August 2007; an account by witness A.I., given on 22 August 2007; an account by witness N.A., given on 20 August 2007, and an account by witness A.P., given on 22 August 2007.

16. The applicant has had no news of Magomed-Salekh and Magomed-Ali Ilyasov since 12 November 2002.

2. Information submitted by the Government
17. The Government submitted that Magomed-Salekh and Magomed-Ali Ilyasov had been abducted on 12 November 2002 by unidentified persons.

B. The search for Magomed-Salekh and Magomed-Ali Ilyasov
and the investigation
1. The applicant's account
(a) The applicant's search for Magomed-Salekh and Magomed-Ali Ilyasov
18. Early in the morning of 12 November 2002 the applicant's relatives complained about the abduction of Magomed-Salekh and Magomed-Ali Ilyasov to E., the head of the village administration.

19. On the same date the applicant was informed that on the night of 12 November 2002 another resident of Katyr-Yurt had been abducted by the servicemen. She did not remember his name.

20. On the afternoon of 12 November 2002 E. told the applicant that representatives of a federal agency from Khankala (the main base of the Russian military forces in Chechnya) would visit her house. On the evening of 12 November 2002, a group of Russians and Chechens in civilian clothing arrived at the applicant's gate in two cars. Without providing any documents or explaining reasons for their actions they conducted a search of the applicant's house. They did not find anything of interest to them and left.

21. In the mid-November 2002 the applicant's relatives were informed that Magomed-Salekh and Magomed-Ali Ilyasov were detained at the Achkhoy-Martanovskiy District Department of the Interior (the ROVD). When at some point later the applicant's relatives arrived at the ROVD to pass on some food and clothing to the brothers, they were told by the officers that Magomed-Salekh and Magomed-Ali Ilyasov were not detained there.

22. In the end of November 2002 G., a resident of Achkhoy-Martan who allegedly had some connections in the Federal Security Service ("the FSB"), told the applicant that her sons had been detained in the basement of the ROVD. According to G., the brothers had confessed to unlawful possession of arms. A couple of days later G. informed the applicant that her sons had been transferred to another detention centre and that no information was available about their whereabouts.

23. In the middle of December 2002 representatives of the prosecutor's office of the Achkhoy-Martanovskiy district ("the district prosecutor's office") arrived at the applicant's house. They interviewed the applicant, her family members and neighbours and left.

24. Approximately in the end of January 2003 Ye., an operational-search officer of the ROVD, informed E., the head of the village administration, that after being detained for some time in Khankala, at the main military base of the Russian federal forces in Chechnya, the applicant's sons had been transferred to the department of the interior of the Staropromyslovskiy district of Grozny (the Staropromyslovskiy ROVD). According to Ye., Magomed-Salekh and Magomed-Ali Ilyasov had been charged with unlawful possession of firearms. Thereafter Ye. told the applicant that she would be able to visit her sons if she managed to obtain a special permit from the military commander of Grozny. The applicant was unable to obtain the permit.

25. About a week later, in the beginning of February 2003, Ye. informed one of the applicant's relatives that Magomed-Salekh and Magomed-Ali Ilyasov had been transferred from the Staropromyslovskiy ROVD to a detention centre in Pyatigorsk, in the Stavropol region. No information has been available concerning the whereabouts of the applicant's sons ever since.

26. The applicant also contacted, both in person and in writing, various official bodies, such as the Russian President, the Chechen administration, military commanders' offices and prosecutors' offices at different levels, describing in detail the circumstances of her sons' abduction and asking for help in establishing their whereabouts. The applicant retained copies of a number of those letters and submitted them to the Court. An official investigation was opened by the local prosecutor's office. The relevant information is summarised below.

(b) The official investigation
27. On 29 January 2003 the district prosecutor's office opened an investigation into the abduction of Magomed-Salekh Ilyasov and Magomed-Ali Ilyasov under Article 126 § 2 of the Criminal Code (aggravated kidnapping). The criminal case file was given number 44016. The decision stated that at about 4 a.m. on 12 November 2002 a group of unidentified masked individuals in camouflage uniforms, who had arrived in two APCs and a grey UAZ vehicle without registration plates, had abducted Magomed-Salekh and Magomed-Ali Ilyasov and taken them to an unknown destination.

28. On 29 January 2003 the district prosecutor's office forwarded a copy of the decision concerning the opening of the criminal proceedings to the prosecutor's office of the Chechen Republic ("the republican prosecutor's office").

29. On 1 February 2003 the department of the Prosecutor General's office in the Southern Federal Circuit informed the applicant that her request for assistance in the search for her sons had been forwarded to the republican prosecutor's office for examination.

30. On 12 February 2003 the district prosecutor's office informed the applicant that on 29 January 2003 they had opened criminal case No. 44016; operational-search measures aimed at solving the crime were under way.

31. On 5 March 2003 the Chechen department of the Federal Security Service (the Chechen department of the FSB) informed the applicant that they had no information concerning the whereabouts of her sons. The letter stated that Magomed-Salekh Ilyasov and Magomed-Ali Ilyasov were not on the authorities' wanted list.

32. On 19 March 2003 the district prosecutor's office informed the applicant that they had been taking measures aimed at establishing her sons' whereabouts.

33. On 29 March 2003 the district prosecutor's office informed the applicant that on 29 March 2003 they had suspended the investigation in criminal case No. 44016 owing to the failure to establish the identity of the perpetrators.

34. On 3 October 2003 the national public commission on investigation of human rights violations in the Northern Caucasus informed the applicant that they had forwarded her complaint about her sons' abduction to the military prosecutor's office of military unit No. 20102.

35. On 29 March 2004 the republican prosecutor's office informed the applicant that her complaint about her sons' abduction had been examined; the investigation in criminal case concerning the abduction of Magomed-Salekh and Magomed-Ali Ilyasov was under way.

36. On 12 September 2004 the ROVD informed the applicant that the investigation in criminal case No. 44016 had failed to produce any results. The operational-search measures aimed at solving the crime were under way.

37. On 20 May 2005 the military commander of the Chechen Republic forwarded the applicant's complaint concerning the abduction of her sons by armed men in camouflage uniforms to the military commander's office of the Achkhoy-Martanovskiy district and directed the latter body to organise a search for the missing persons.

38. On 14 June 2005 the district prosecutor's office informed the applicant that on 29 March 2003 they had suspended the investigation in criminal case No. 44016. Operational-search measures aimed at solving the crime were under way.

39. On 21 June 2005 the military commander of the Chechen Republic forwarded the applicant's complaint about abduction of her sons by armed men in camouflage uniforms to the military commander's office of the Achkhoy-Martan district for organisation of a search.

40. On 27 June 2005 the republican prosecutor's office informed the applicant that in connection with the abduction of Magomed-Salekh and Magomed-Ali Ilyasov criminal case No.