ECHR Cases from the North Caucasus

On 6 February 2000 (in the documents submitted the date was also referred to as 5 February 2000 and 8 November 2000) a group of armed servicemen arrived at the applicants’ house in an APC and took Mr Bislan Dzhabrailov away. On 8 November 2000 the Achkhoy‑Martan district prosecutor’s office opened criminal case no. 26053. The investigation is still pending.

On 3 March 2011, about ninety armed men driving APC, several minibuses, and cars circled the house at Nasyr-Kort, where family of Zarema Tazhieva (applicants) lived. The military searched the house looking for fugitive suspect, member of applicants’ family. After that two of the applicants were ordered to go to a minibus, where they were interrogated by men in civil close. The applicants were forced to admit that they had been in contact with the suspect and that he had provided them with money. When the applicants refused to sign the minutes of interrogation without reading, they were threatened that they could not leave the car alive. One of the applicants then signed the minutes. Later on the house of the applicants was blown up by the military and all their belongings disappeared. Also, two cars in the courtyards were damaged. Despite numerous complaints, the investigation has not been started.

On 1 April 2006 Mr Vakhid Magamedov went fishing with his fellow villagers, Mr Z., Mr D. and Mr Yu., near the village of Sary-Su in the Shelkovskiy district of Chechnya. The four men arrived at the fishing spot in the VAZ-2107 car of Mr Z. Three of them then went to the other side of the pond (in the documents submitted also referred to as a “lake”), while the applicant’s husband fished near the car. Mr Z., Mr D. and Mr Yu. fished about 40 to 60 metres from each other and about two hundred metres or so from Mr Magamedov. 7. At about 9 p.m. Mr Z., Mr D. and Mr Yu. heard gunfire coming from the direction of the car. They went in that direction and saw six or seven men in military camouflage uniforms next to their car and heard them speaking Russian. Those men had arrived in armoured personnel carriers (“APCs”) and were using flashlights. Mr Z., Mr D. and Mr Yu. hid in the bulrushes. Then they saw the servicemen trying to push the car into the pond and, when their attempt failed, set it on fire. Then the perpetrators noticed the three men hiding in the bulrushes and opened gunfire in their direction. Mr Z., Mr D. and Mr Yu. ran to the village of Sary-Su to warn the police. On the way they got lost in the dark and only arrived at the village at about 4 a.m. on 2 April 2006. They knocked at the door of the house of a local resident, Mr Kh.V., and told him about the incident. Mr Kh.V. took them by car to the local police station. Then Mr Z., Mr D. and Mr Yu. returned to the pond, accompanied by the police. They found Vakhid Magamedov’s burnt body in the car. At about the same time three cars and two APCs belonging to the federal military forces arrived at the scene. The servicemen told the police that they were carrying out a special operation in the area. Mr Yu. told to the policemen that he would be able to identify the servicemen who had killed Vakhid Magomedov.

The applicants are close relatives of of Islam Asukhanov  who was allegedly abducted in 2003 by servicemen from home in Chechnya. The event took place in the area under full control of the military forces. The applicants have had no news of their missing relative thereafter. The proceedings, after having been suspended and resumed on several occasions, have been pending for several years without attaining any tangible results. Referring to Article 2 of the Convention, the applicants complain of the violation of the right to life of their relative and submit that the circumstances of his abduction and ensuing disappearance indicate that he had been abducted by State agents. The applicants further complain that no effective investigation was carried out into the incident.

On 13 February 2003 a group of about forty armed servicemen arrived at Mr Zelimkhan Dutayev’s acquaintances’ block of flats in Grozny in two APCs and took Mr Zelimkhan Dutayev away. On 17 February 2003 the Grozny town prosecutor’s office opened criminal case no. 20039. The investigation is still pending.

On the night of 13-14 November 2002 a large group of about one hundred armed servicemen arrived at the applicant’s house and took Mr Lema Magomadov away. On 15 November 2002 the Grozny town prosecutor’s office opened criminal case no. 48212. The investigation is still pending.

The applicants are close relatives of of Vakhab Abubakarov  who was allegedly abducted in 2002 by servicemen from home in Chechnya. The event took place in the area under full control of the military forces. The applicants have had no news of their missing relative thereafter. The proceedings, after having been suspended and resumed on several occasions, have been pending for several years without attaining any tangible results. Referring to Article 2 of the Convention, the applicants complain of the violation of the right to life of their relative and submit that the circumstances of his abduction and ensuing disappearance indicate that he had been abducted by State agents. The applicants further complain that no effective investigation was carried out into the incident.

On 14 June 2003 twelve to fifteen armed servicemen in balaclavas and camouflage uniforms in white Niva car and in armoured UAZ vehicles without registration numbers arrived at the flat of Mr Alikhan Satuyev in Grozny and took him away to an unknown location. On 24 June 2003 the Zavodskoy district prosecutor’s office opened criminal case no. 30097. The investigation is currently pending.

On 8 November 2006 a group of armed servicemen arrested Mr Rustam Gaysumov and Mr Khuseyn Elderkhanov on a street in Grozny and took them away. On 27 January 2007 the Zavodskoy district prosecutor’s office in Grozny opened criminal case no. 11006. The investigation is still pending.

On 15 March 2005 a group of armed servicemen arrested Mr Supyan Mukayev on a street in Shali and took him away. On 7 July 2005 the Shali district prosecutor’s office opened criminal case no. 46073. The investigation is still pending.

On 20 June 2003 Mr Vakha Nauzov was stopped at checkpoint no. 75 near Druzhba village on the highway Rostov-Baku and taken away. On 31 November 2005 the Gudermes prosecutor’s office opened criminal case no. 45129. The investigation is currently pending.

On 4 January 2003 Mr Ismail Makhmudov was forced by ten armed servicemen in camouflage uniforms into grey UAZ minivan (“tabletka”), and taken away. On 21 January 2003 the Gudermes district prosecutor’s office opened criminal case no. 32004. The investigation is currently pending.

On 30 January 2002 Mr Ismail Dashtayev was stopped on the highway at the entrance to Noviye Atagi by servicemen who had blocked the road in APCs. Then Mr Ismail Dashtayev was forced into a grey UAZ minivan without registration number and taken away. On 31 May 2002 the Shali district prosecutor’s office opened criminal case no.59116. The investigation is currently pending.

Ruslan Yunusov killed on 4 January 2002, in Grozny. Criminal case no. 54001 (in the documents submitted also stated as no. 5 ПР-01) opened on 4 January 2002 by the Grozny prosecutor’s office. The proceedings are pending. The applicants complain under Article 2 of the Convention that Ruslan was killed by State agents and that the ensuing investigation was ineffective.

Dzhabrail Atabayev and Alkhazur Atabayev were killed on 26 January 2005 in Grozny. On 26 January 2005 the Staropromyslovskiy district prosecutor’s office opened criminal case no. 43015. The proceedings are pending.

In the afternoon of 28 March 2004 Mr Demelkhanov was at the junction of P. Musorova Street and 8 Marta Street in Grozny, Chechnya, when a group of armed servicemen in camouflage uniforms arrived in armoured personnel carriers (APCs), arrested him and took him away to an unknown destination. The whereabouts of Mr Abdula Demelkhanov have remained unknown ever since.

On 16 March 2003 a group of armed servicemen detained Mr Rizvan Isayev and Mr Anzor Isayev at checkpoint “Kavkaz” located at the administrative border between the Chechen Republic and the Republic of Ingushetia and took them away in a UAZ vehicle. On 12 June 2003 the Achkhoy-Martan inter-district prosecutor’s office opened criminal case no. 44046. Subsequently, the case was given the number 04600053. The investigation is still pending.

On 2 October 2004 a group of armed servicemen arrested Mr Mayr-Khadzhi Gerikhanov on a motorway between Noviye Atagi and Shali, Chechnya, and took him away in an UAZ (“таблетка”) vehicle. On 24 December 2004 the Shai district prosecutor’s office in Chechnya opened criminal case no. 36149. The investigation is still pending.

On 30 July 2002 a group of armed servicemen arrested Mr Umar Ozdamirov in the centre of Grozny and took him away. On 8 August 2002 the Grozny town prosecutor’s office opened criminal case no. 50116. The investigation is still pending.

During the early hours of 31 March 2004 a group of armed servicemen in camouflage uniforms arrived in the village of Elistanzhi, Chechnya, in armoured personnel carriers (APCs) without registration numbers. The servicemen spoke unaccented Russian and were of Slavic appearance. Between midnight and 1.15 a.m. on that date they made a forced entry into the applicants’ houses, arrested Mr Bashkuyev and Mr Arsayev, put them in the military vehicles, and drove off to an unknown destination. The whereabouts of Mr Bashkuyev and Mr Arsayev have remained unknown ever since. Their abduction took place in the presence of the applicants and several of their neighbours.