- Chronicle. March 2010. North Caucasus. Human rights violations

Presenting new Chronicles of Violence (in Russian) covering March 2010. Find HRC Memorial account of human rights violations in the North Caucasus in 2010 (in Russian) online: http://www.memo.ru/2009/03/19/1903091.htm.

- Abaeva and Others v. Russia. European Court Rules the Case

On Arpil 8, 2010, European Court of human rights (ECHR) ruled the case "Abaeva and others v. Russia" (37542/05). The application was lodged on September 9, 2005 by the relatives of Magomed-Ali Abaev, DOB1970 and Anvar Shaipov, DOB 1976, who were illegally arrested and now are missing in action (MIA).

The applicants were represented by the lawyers of Human Rights Center Memorial and European Human Rights Advocacy Centre (London).

On September 13, 2000, ’’siloviki" arrested Magomed-Ali Abaev and Anvar Shaipov at roadblock station situated in 50 meters of Abaev’s house at Lenin Street in Urus-Martan (the Republic of Chechnya). The "siloviki" were in uniform and armed. The arrested were brought to the unit of the state federal forces based in clothes factory. Two Urus-Martan residents, living close by, witnessed the arrest. They informed Abaev’s relatives of the arrest. The relatives went to the roadblock station and asked the soldiers why Magomed-Ali and Anvar had been arrested. The soldiers answered that they were being checked the IDs and would be soon released. As the relatives were waiting for the Abaev’s and Shaipov’s release, a grey UAZ car without tags came to the fabric. Soldiers let the car in and then in some time it left the territory of the fabric. The soldiers announced that the arrested were released and went out of the other exit of the fabric. But there were also people waiting for the released and they didn’t see anyone.

Magomed-Ali and Anvar didn’t return home, they are still MIA.

The day of Abaev’s and Shaipov’s disappearance their relatives met with deputy head of the Urus-Martan region administration Lechi Mamacuev, who is responsible for the ties with law-enforcement structures. According to Mamacuev Abaev and Shaipov were taken to the federal forces alignment "West" situated near the village of Tangi-chu of Urus-Martanovsky region. He promised that the next day, on September 14, the arrested would be brought to Urus-Martan.

But the arrested were not released. Mamacuev said that there was the changing of the soldiers and he was not able to tell where the arrested were taken to. He supposed that they might have been taken to the main military base of the federal forces in Hankala in the suburbs of Grozny or to the investigative isolation ward in Chernokozovo.

The relatives continued the search of the missed. But they haven’t received any information from the official sources.

Approximately in two weeks after the arrest a young Chechen came to the relatives’ house and said that he had seen Anvar Sharipov (he named himself) in the disposition of 245th motorized infantry regiment within federal forces alignment "West". This Chechen was also detained there but was released.

Only in two weeks, on February 6, 2003, prosecutor’s office of Urus-Martan region initiated a criminal case relating to abduction. On March 11, 2004 the investigation was suspended. On November 22, 2004 the court of Urus-Martan acknowledged this decision valid. On February 8, 2005 the Supreme Court of Chechnya admitted this decision. On September 9, 2005 the relatives applied to the European court.

European Court of human rights (ECHR) ruled the case "Abaeva and others v. Russia" only five years after, on February 8 2010.

ECHR admitted that the state officials are responsible for the abduction and possible killing of applicants’ relatives and that the authorities had not investigated the crime effectively.

ECHR ascertained that articles 2 (right for life), 5 (right for freedom and privacy) and 13 (right for effective investigation) together with article 2 of the European Convention of human rights were violated.

ECHR has also ascertained that article 3 (prohibition of tortures) of the Convention was violated.

ECHR decided that Russian government has to pay the aggrieved party 60 thousand euro as compensation for moral damage and 12 thousand euro as compensation for material damage. ECHR also committed Russian authorities to pay the representatives of the applicants 2 115 euro for legal costs and expenses.

- Sadulayeva v. Russia, ECHR Rules the Case

On April 8, 2010 European Court of Human Rights (ECHR) ruled the case “Sadulayeva v. Russia” (38570/05). The application was submitted on September 16, 2005 by Chovka Sadulayeva, mother of Aslan Sadulayev, DOB 1978, who had been illegally detained by the members of Russian law enforcement authorities and is still missing.

The applicants were represented by the lawyers of Human Rights Center Memorial and European Human Rights Advocacy Centre (EHRAC, London).

On December 9, 2002 when Aslan Sadulayev’s friend was driving Aslan and a young girl on a car VAZ-2109, Russian militants on two armored troop carriers stopped them at the turn from the road Urus-Martan – Alkhazurovo to the village of Komsomolskoe (Urus-Martan district, Chechen Republic).

At the same time the bus going from Urus-Martan to Alkhazurovo approached the turn. The militants stopped it, checked two passengers’ documents. People in the bus saw two militants checking the documents of three people from the violet car VAZ-2109 belonging to Sadulayev’s friend. Witnesses recognized Aslan Sadulayev among them. One of the witnesses often saw him in Alkhazurovo where he used to come to see his grandmother living by. Another recognized Aslan because he often visited her house.

Then, the militants let the girl go, pushed the young men into the carrier. One of the militants got into the Sadulayev’s friend’s car. All of them left for Urus-Martan. Sadulayev’s friend was released soon. According to his words, the militants said that they would only question the young men and then let them go. The detained were taken to the Urus-Martan district military commandant’s office. When they were being taken into the building Sadulayev’s friend saw his acquaintance member of the commandant’s office. He recognized the young man and asked to let him go. Where Aslan was taken and where he is now nobody knows.

On January 31, 2003 Public prosecutor’s office of Urus-Martan district initiated a case regarding the kidnapping. Two months later the case was suspended.

On May 22, acting head of the village of Martan-Chu issued to Sadulayev’s mother a certificate that her son had not participated in the warfare.

On May 14, 2004 the city court of Urus-Martan partly satisfied the Sadulayeva’s application. The court confirmed that the investigation relating to the kidnapping of her son had not been carried out in corpore. However, the court did not allow Sadulayeva to become familiar to the materials of the case.

On October 28, the investigation was resumed. Nevertheless the effective measures to investigate the case were not taken again.

On March 3, 2005 Sadulayeva applied to the Urus-Martan city court. She asked the court to make public prosecutor’s office carry out an effective investigation.

On March 22, the court refused to satisfy the appeal.

On June 15, the panel of judges on criminal cases of the Supreme Court of Chechnya left the decision of the city court without changes.

On September 16, Sadulayeva applied to the ECHR.

Four and a half years later, on April 8, 2010 the Court ruled the case.

ECHR admitted that the representatives of the government were responsible for the kidnapping and possible killing of Aslan Sadulayev and that the authorities had not carried out the effective investigation of the crime. ECHR admitted that articles 2 (right to life), 5 (right to freedom and privacy) and article 13 (right to effective measures of legal protection) with article 2 of the European Convention of human rights. ECHR also decided that article 3 (prohibition of tortures) was violated as to the aplicant. ECHR decided that the Russian government had to pay 60 thousand euro as compensation for moral damage. ECHR obliged the government to pay 1.100 euro to the representatives of the applicant for legal costs and expenses.

- "We will treat you the same way"

As a reaction to the explosions in Moscow underground Chechen authorities use terrorist methods.

On April 7, 2010 a report about the meeting of the Republic’s officials with the people whose children according to the assumption of the security officials joined the boyeviks was shown on the Chechen television. In the report the mayor (the head of the administration) of Grozny Muslim Khuchiev promised in public to treat the parents of the supposed boyeviks the same way as their children treat civil citizens. The mayor and the prefect of the Staropromyslovsky district of Grozny Zelimkhan Istamulov said: “If you think that after our talk you will leave and sit at home quietly, you are deeply wrong”; “If you think that from this moment you will be able to live free, to walk around, it is not true”. The Chechen ombudsman Nurdi Nukhajiev (to the left from the mayor on the picture) did not react on these words.

The video: http://www.youtube.com/watch?v=jQhGvcIDJ_w

Earlier we have reported about such threats and the realization of them: taking relatives of the supposed boyeviks hostages, burning the houses belonging to their families in the Chechen Republic. Human Rights Center Memorial is deeply indignant at the fact that the Chechen officials declare that they are ready to use the principal of collective responsibility (that is a terrorist method) to fight terrorism. We draw the attention of the Russian and international public and to the Russian authorities once again to the inadmissibility of using methods of governmental terror. Memorial is going to send a request to the governmental bodies of Russia regarding the case.

The transcript of the report - April 7, 2010 - TV channel “VAINAKH” / VESTI/ 10:45 pm (Moscow time)

The mayor of Grozny Muslim Khuchiev and the ombudsman Nurdi Nukhajiev at the meeting with the relatives of the members of illegal armed groups

TV announcer: “From now on for the residents of the republic whose relatives participate in illegal armed bands all the doors are closed, ” - announced today the mayor of Grozny. Muslim Khuchiev met the residents of Staropromyslovsky district. Movsar Kherikhanov is here with the details.

The commentary of the correspondent: “The relatives of the members of the underground from now on are deprived of all rights while their relatives commit inhuman actions against civil population,” - Khuchiev applied with such a tough statement to the residents of Staropromyslovsky district whose children participate in the armed groups of different leaders.

Khuchiev (in Chechen): “We will treat you the same way as your children treat civil residents. Keep it in mind. We are sitting here now. If you think that after the talk you will leave and sit at home quietly, you are deeply wrong.”

The commentary of the correspondent: “Department of Internal Affairs says that in the district eight people participate in the illegal armed bands. There is a girl, DOB 1986, among them. Her mother confessed that nobody knew about her destiny. The prefect said that he was waiting for the people gathered in the administration. ”

Istamulov (in Chechen): “You live on my territory, your children, brothers, sisters who joined illegal armed bands. If you think that from this moment you will be able to live free, to walk around, it is not true. ” The commentary of the correspondent: “At the end of the meeting Valid Kuruyev (first deputy mufti) told about the value of mother in Islam. He said that those who make suffer not only the parents but also the whole nation are far away from the truth. ”

- ECHR Requested the Russian Government Where the Relatives of Maksharip Aushev Are

On April 5, 2010 a Memorial lawyer Olga Zeitlina applied to the European Court of Human Rights regarding the case of kidnapping and disappearance of the relatives of Fatima Dzhanieva, widow of a famous public figure, leader of the opposition Maksharip Aushev. Yusup Dobriyev, DOB 1968, Yunus Dobriyev, DOB 1971, Ali Dzhaniyev, DOB 1992, and Magomed Adzhiyev, DOB 1989, disappeared in Saint-Petersburg on the eve of December 26, 2009 (see Memorial’s message about the kidnapping: http://www.memo.ru/eng/news/2010/04/13/1304101.htm).

Haven’t seen the results of the official investigation the victims and their relatives held their own investigation. In March they found four witnesses of the crime together with the representatives of HRC "Memorial". They told in details that the special operation on the arrest of passengers of the car of the same brand that belonged to the kidnapped took place at night on December 25-26, 2009. The participants of the operation were armed, in masks and in black uniform without service decorations.

On April 7, 2010, ECHR submitted to the Russian government an urgent notification regarding the application “Dobriyeva and others v. Russia” (18407/10) in accordance with the rule 40 of the Court Regulations. However, before deciding to apply the rules 39 and 41 the Court submitted the following questions to the Russian Government:

1. What measures have been taken to establish Yusup Dobriyev, Yunus Dobriyev, Magomed Adzhiyev and Ali Dzhaniyev’s whereabouts and have the applicants been informed of them?

2. Do the authorities know the whereabouts of Yusup Dobriyev, Yunus Dobriyev, Magomed Adzhiyev and Ali Dzhaniyev and, if so, can this information be disclosed to the applicants and/or to the Court?

3. Were Yusup Dobriyev, Yunus Dobriyev, Magomed Adzhiyev and Ali Dzhaniyev apprehended by State agents? If so:

(a) What are the reasons and legal grounds for their arrest and detention?

(b) What are the conditions of their detention?

(c) What arrangements have been made to ensure their access to legal assistance?

(d) Does their condition require medical aid and, if so, is it being provided to them?

The Government are requested to provide the Court with copies of all the documents related to measures taken to establish whereabouts of Yusup Dobriyev, Yunus Dobriyev, Magomed Adzhiyev and Ali Dzhaniyev, and their detention, if they are in State custody by 19 May 2010.

For the notification visit Memorial’s web-site: http://www.memo.ru/2010/04/13/ECHR.pdf.

For further information: Memorial