Case of European Court of Human Rights, January 08, 2009 (case CASE OF DZHAMAYEVA AND OTHERS v. RUSSIA)
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Case of European Court of Human Rights, January 08, 2009 (case CASE OF DZHAMAYEVA AND OTHERS v. RUSSIA)
FIRST SECTIONCASE OF DZHAMAYEVA AND OTHERS v. RUSSIA(Application no. 43170/04)JUDGMENTSTRASBOURG8 January 2009This 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 Dzhamayevy v. Russia, The European Court of Human Rights (First Section), sitting as a Chamber composed of: Christos Rozakis, President, Nina Vajić, Anatoly Kovler, Elisabeth Steiner, Khanlar Hajiyev, Giorgio Malinverni, George Nicolaou, judges,and Søren Nielsen, Section Registrar, Having deliberated in private on 4 December 2008, Delivers the following judgment, which was adopted on that date:PROCEDURE 1. The case originated in an application (no. 43170/04) 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 four Russian nationals, listed below ("the applicants"), on 18 November 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 and subsequently by their new representative, Mr G. Matyushkin. 3. On 1 September 2005 the Court decided to apply Rule 41 of the Rules of Court and to grant priority treatment to the application and on 21 January 2008 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.THE FACTSI. THE CIRCUMSTANCES OF THE CASE 4. The applicants are: 1. Ms Salamat Dudayevna Dzhamayeva, born in 1947; 2. Ms Khedishit Issayevna Dzhamayeva, born in 1974; 3. Ms Kheda Issayevna Dzhamayeva, born in 1971; 4. Mr Magomed Ismailovich Dzhamayev, born in 2001. They live in Staryye Atagi, the Chechen Republic. A. Disappearance of Ismail Dzhamayev 1. The applicants' account 5. The first applicant is the mother, the second and third applicants are the sisters and the fourth applicant is the son of Mr Ismail Issayevich Dzhamayev, born in 1981. They lived together in the village of Stariye Atagi, the Grozny District. Mr Ismail Dzhamayev was a student of mathematics. (a) Sweeping operation in Stariye Atagi 6. According to the applicants, from 6 to 11 March 2002 federal military officers, under the command of General Borisov, conducted a sweeping operation (зачистка) in the village of Stariye Atagi involving around 10,000 servicemen, 50 armoured personnel carriers ("APCs") and several military helicopters. 7. Throughout the said period the military besieged Stariye Atagi and restricted freedom of movement in the village. They organised a filtering point at the poultry-yard and the mill on the outskirts of Stariye Atagi where they kept the residents detained during the operation. 8. In total fifteen men residing in Stariye Atagi were apprehended between 6 and 11 March 2002. Whilst some of them were subsequently released, eleven residents disappeared. Relatives of ten of those who disappeared applied to the Court (see Arzu Akhmadova and Others v. Russia, no. 13670/03). (b) Detention of Mr Ismail Dzhamayev 9. According to the applicants, Mr Ismail Dzhamayev was apprehended in the following circumstances. In the morning of 6 March 2002 the first applicant asked him to go and see his uncle who lived in the same village and buy something for him in the village shop. When Mr Ismail Dzhamayev was in the street apparently on the way from the shop to his uncle's house, he saw two APCs approaching. He got frightened, turned around the corner to Bezymyannaya Street and dropped in at Mr B.'s, his acquaintance. Mr B.'s mother let him in. As soon as he entered, servicemen ran into the yard after him. They said that there was a sweeping operation in the village and that they would check the house. They searched the house. After the search they took Mr B. and Mr Ismail Dzhamayev with them. Mr B.'s mother asked them not to take the children away since they had all their documents with them. The servicemen checked the documents and then put Mr B. and Mr Ismail Dzhamayev in an APC. When Mr B.'s mother tried to intervene, however, the servicemen pushed her aside, hit her against th...See the full content of this document
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