European Court Condemns Russian Authorities for the
Disappearance of an Inhabitant of Chechnya in the Complex of
Governmental Buildings in Grozny in 2006
On April, 19 2011, the European Court of Human Rights issued a
judgement in the case of Matayeva and Dadayeva v. Russia
(application №49076/06). The case is about the disppearance, in
June, 2006 of the applicants' relative in the complex of
governmental buildings of the Chechen Republic and about the
officials' failure in carrying out an effective investigation of the
matter. The European Court satisfied the applicants' requests in its
decision and recognized the violations by Russian authorities of
Articles 2, 3, 5 and 13 of the European Convention for the
Protection of Human Rights and Fundamental Freedoms.
The applicants were represented by lawyers of the European Human
Rights Advocacy Center (EHRAC, London) and Human Rights Centre
''Memorial'' (Moscow).
In the years 2000 – 2003, Khamzat Tushayev, together with his
brother, living in the village of Duba-Yurt in the Shalinskyi
district of Chechnya, took part of the second Chechen war on the
side of illegal armed groups. In summer 2003, after the federal
authorities' declaration of amnesty for rebels surrendering their
arms, Khamzat surrendered to the authorities with his arms and war
equipment. He was handed to the Chechen department of the FSB and
his case was investigated by the FSB. However, his right to freedom
of movement was not restricted and he could move to Groznyi in 2003.
In March 2006 Khamzat was arrested by law enforcement officials of
the Shalinskiy district of Chechnya. He was kept for some time in
the Shalinskiy police department, as a criminal case had been opened
against him on suspicion of participation in illegal armed groups.
He was then released on an undertaking not to leave his place of
residence.
In June 2006 Tushayev was asked to report to the Leninskiy district
prosecutor’s office in Groznyi to present explanations in connection
with the criminal case. On June, 8 Khamzat went with his wife to the
complex of governmental buildings where the Leninskiy district
prosecutor' office was located. The grounds were highly secured and
the entrance was possible after a registration at the check-point.
Khamzat went through the first check-point but did not reach the
prosecutor's office. Tushayev disappeared without a trace on fenced
premises guarded by law enforcement bodies.
On the next day, June, 9 Muradov, the acting prosecutor of the
Leninskiy district, informed Tushayev's wife that no one in the
Leninskiy district prosecutor's office had ever called Tushayev and
said that such a disappearance on the guarded government complex was
impossible without the knowledge of law enforcement agencies.
On June, 26 a criminal case was launched for the disappearance of
Khamzat. After that, during the investigation process, Tushayev's
wife learned that FSB officials were suspected for the disappearance
of her husband. However, the criminal case was repeatedly stopped
and resumed and so far, the identity of those responsibles for
Tushaev's abduction and disappearance has not been established and
no one has been handed to justice.
In December 2006, an application was sent to the European Court of
Human Rights. The Court declared the application admissible with
priority treatment.
The Court referred to its practice, according which in cases of
deaths or abductions happening under the authorities' full control,
the government has to present a plausible explanation. The Court
asserts that in such situations the government is presumed
responsible as long as it does not prove its non implication.
Therefore, given the lack of plausible explanation from the
authorities about Khamzat's disappearence, the Court declared the
authorities of Russian Federation responsible for the disappearance
and death of Tushayev. The Court also pointed to several substantial
proceeding deficiencies made by investigative institutions during
the investigation of the disappearance and concluded that there had
been a violation of the applicants' right to an effective
investigation.
Moreover, taking into account the involvement of governement
officials in the disappearance of Khamzat and the authorities'
refusal to recognize his arrest, the Court ruled that Tushayev was
deprived of all procedural guarantees as a result of the
authorities' lawlessness, that he had been victim of the violation
of the Article 5 (right to liberty and security of person) of the
Convention. Eventually the Court recognized that the applicants had
no possibilities to address to a national authority to restore their
rights regarding the involvement of government officials into the
disappearance of their relative and uneffective investigation of the
crime, in virtue of Article 13 of the Convention.
The Court held that the applicants were to be paid a total sum of 60
000 euros in respect of non-pecuniary damage and that 1 215 euros
were to be paid to the applicants' representatives in respect of
costs and expenses for addressing to the European Court.
It is to be noted that the decision in the case ''Matayeva and
Dadayeva v. Russia'' was made unanimously by the European Court.
Therefore, the remarks made by the Court regarding the circumstances
of the disappearance and the following death of Khamzat are not
subject to any doubts. ''Memorial'' welcomes this Court's decision
and launches an appeal to the authorities of the Russian Federation
to eliminate the investigation deficiencies pointed out by the
Court, to establish the identity of the law enforcement officials
responsible for Khamzat's adbuction and to punish them according to
Russian laws.
April 20, 2011