European Court Condemns Russia for Killings and Disappearance in Two Cases from Chechnya

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SRJI Russian Justice Initiative

Feb 10, 2011, 7:48:12 AM2/10/11
European Court Condemns Russia for Killings and Disappearance in Two
Cases from Chechnya
Thursday, February 10, 2011

The European Court of Human Rights has found Russia responsible for
deaths of two Chechen civilians and disappearance of one Chechen man
in 2002, Russian Justice Initiative reported today.

The applicants in Nasukhanovy v Russia (no. 1572/07) are the parents
and brother of Movsar and Movladi Nasukhanov who were killed in a
course of a special operation carried out by the Russian military
forces in the village of Starye Atagi, Chechnya. On 14 February 2002
Russian servicemen started carrying out checks of houses in an area
close to where insurgents had been killed shortly before. The
applicants’ house was searched three times by different groups of
armed servicemen. The last group took away Movsar, Movladi and their
brother Vakha to a military filtration point near a mill in Starye
Atagi. Vakha was released two days later and had to be carried home;
he could not walk due to being severely beaten during his time in
detention. Six days after the detention, the parents went to the
village of Mesker-Yurt where they identified the corpses of Movsar and
Movladi, which had been burnt from head to waist, from their shoes and
trousers. The investigation into the brothers’ deaths yielded no
results, although the Grozny district Prosecutor’s Office found
grounds to assume that the circumstances of the brothers death could
have been “staged” in order to “hide evidence of a murder.”

The applicants in Dudarovy v Russia (no. 5382/07) are the parents of
Magomed Dudarov who was apprehended on the night of 18 November 2002
in the village of Ken-Yurt, Chechnya. Around 2 a.m. on 18 November
2002 armed men in military uniform broke into the applicants’ house,
and without producing any warrants or identification, took Magomed
outside and put him into an Ural truck. They fired two shots in the
air and drove off, accompanied by an armored reconnaissance vehicle
(ARV). Magomed was never seen again and the investigation into his
disappearance produced no results, despite crucial evidence being
handed over to investigators at the scene.

In its unanimous judgments, the European Court found that:

* The right to life has been violated in respect of Movsar and
Movladi Nasukhanov (Nasukhanovy), Magomed Dudarov (Dudarovy) [Article
2 of the European Convention on Human Rights];
* The Russian authorities have failed to conduct an effective
investigation into the above violations [Article 2];
* The manner in which the applicants’ complaints were dealt with
by the Russian authorities in both cases constituted inhuman treatment
[Article 3];
* Movsar and Movladi Nasukhanov (Nasukhanovy), Magomed Dudarov
(Dudarovy) were unlawfully deprived of their liberty [Article 5];
* The applicants did not have access to an effective remedy before
the Russian authorities for the violations [Article 13 in conjunction
with Article 2 of the Convention].

The applicants in both cases were awarded 160,000 euro in moral
damages and were represented by the Russian Justice Initiative before
the ECtHR.

For more information,

In Moscow,

Vanessa Kogan: + 7 (495) 915-0869; +7 (925) 863-5111

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