Cases 281 - 300 of 707

Sharpuddi Israilov against Russia, (21882/09; 6189/10)

Communicated: 09/02/2016
Lodged: 14/04/2009
Date of violations: 13/01/2009
Location: Austria
Representative: No representative
Violation: Killing

The applicant complains of a number of violations in respect of his son, Mr Umar Israilov. In particular, he complains that his son was subjected to ill-treatment while in detention in breach of Article 3 of the Convention, that his detention was in violation of Article 5 of the Convention and that he had no effective remedies under Article 13 of the Convention in respect of those violations. The applicant alleges that there is an arguable claim that his son’s murder was organised with the connivance of the Russian State authorities, namely the President of Chechnya or people under his direct command. The Russian Government were thus in breach of their obligation under Article 2 of the Convention to investigate those allegations. In respect of his own situation, the applicant complains of a violation of Article 3 of the Convention on account of the ill-treatment to which he was subjected during the first days of his detention, which amounted to torture. He further complains that the conditions of his detention in the course of eleven months amounted to inhuman and degrading treatment. The applicant further alleges that the Russian Government failed to conduct an investigation into his credible allegations of torture and ill-treatment. In addition, the applicant complains that his unlawful detention violated Article 5 as a whole. The applicant alleges that the search carried out at his apartment in Grozny on the day of his detention was unlawful and did not follow the procedure prescribed by law, in breach of Article 8 of the Convention. He further alleges that in the course of that search he was deprived of his property in violation of Article 1 of Protocol No. 1 to the Convention and that his attempts to get his money and documents back were futile. The applicant claimed that he had no effective remedies against the above violations, in breach of Article 13 of the Convention.

 

Alkhotova v. Russia, (64270/11)

Judgement date: 09/02/2016
Communicated: 06/02/2012
Lodged: 14/09/2011
Date of violations: 16/08/2003
Location: Chechnya, Grozny
Representative: Said Mushayev
Violation: Disappearance
Non-pecuniary damage: 60000 €

At the material time Grozny was under curfew. At about 1 a.m. on 16 August 2003 a group of about ten to fifteen armed servicemen in camouflage uniforms and masks arrived at the applicant’s block of flats in three grey UAZ vehicles. They broke into the applicant’s flat, quickly searched it, took Ayndi Diniyev outside, forced him in one of their vehicles and drove away. The applicant has not seen her husband since his abduction on 16 August 2003.

 

Kagermanov and Yakhayeva v. Russia, (64811/09)

Judgement date: 09/02/2016
Communicated: 07/09/2011
Lodged: 24/11/2009
Date of violations: 04/02/2002
Location: Chechnya, Gekhi
Representative: SRJI
Violation: Disappearance
Non-pecuniary damage: 60000 €

In the night of 3 to 4 February 2002 the town of Gekhi was under curfew. At around 4 a.m. the 1st applicant learnt from his relative that Mr Ruslan Kagermanov had been abducted from home earlier on same night by a group of armed servicemen who had arrived at his house in a URAL lorry and broken down the door. The neighbours had heard the abductors driving away in the direction of Urus-Martan. The applicant understood that his brother had been taken away by Russian servicemen as at the material time many young men were kidnapped in the same manner during curfew hours. In addition, other witnesses saw servicemen riding APCs in vicinity that night.  Later in the morning the applicants found the URAL trails and footprints of military boots left on the snow by the house. At around 10 a.m. on same morning some 50 to 60 Russian servicemen on several APCs and URAL lorries arrived at the Kagermanov’s house. There was a small oil refinery in their backyard. They searched the premises, threatening to blow up the house. The applicants claimed that the servicemen had carried out a sweeping-up operation in the area and searched other houses with oil refineries. The applicants have not seen Mr Ruslan Kagermanov since his abduction.

 

Babuyeva v. Russia, (63620/09)

Judgement date: 09/02/2016
Communicated: 16/06/2011
Lodged: 18/01/2009
Date of violations: 30/08/2002
Location: Chechnya
Representative: SRJI
Violation: Disappearance
Pecuniary damage: 10000 €
Non-pecuniary damage: 60000 €

The husband of the applicant Muma Babuyev worked as a driver on the main military base of the Russian federal forces in Khankala, Chechnya.  От 30 August 2002 the couple went to the military base for getting the salary of Muma. He entered inside while the applicant was waiting for him at the checkpoint outside. Her husband did not return from the territory of the base. The applicant has not seen Muma Babuyev since 30 August 2002. It is unclear whether the criminal proceedings in respect him disappearance are currently pending.

 

Khachukayeva and Others v. Russia, (34576/08)

Judgement date: 09/02/2016
Communicated: 03/12/2012
Lodged: 02/07/2008
Date of violations: 22/11/2000
Location: Chechnya, Urus-Martan
Representative: SRJI
Violation: Disappearance
Pecuniary damage: 19000 €
Non-pecuniary damage: 60000 €

The Court examined the circumstances of the detention of Mr Islam Deniyev, who was last seen on 24 November 2000 at the “Chernorechensky” checkpoint along the Kavkaz military highway between Alkhan-Yurt and Grozny. Witnesses had seen Mr Deniyev and two others standing outside of their car, surrounded by military men. A short time later, the car he had been driving in, with the same license plate, was spotted in a military convoy. A year after the abduction, the blown-up remains of the car were found as well as the remains of the bodies of the three men, which were identified by relatives. A criminal case was opened only in February 2001 by the Grozny Prosecutor’s office, and although a number of key witnesses were questioned early on, the investigation was soon suspended for a failure to identify the perpetrators. Subsequently the investigation was re-opened and suspended nine times over a period of seven years.

 

Nazyrova v. Russia, (21126/09)

Judgement date: 09/02/2016
Communicated: 07/09/2011
Lodged: 26/02/2009
Date of violations: 20/04/2000
Location: Chechnya, Gekhy
Representative: Said Mushayev
Violation: Disappearance
Non-pecuniary damage: 60000 €

On 20 April 2000, during the day, Mr Badrudi Nazyrov and his friend, Mr Said-Selim A., were at the applicant's house in Gekhi when a group of 30 to 40 armed servicemen of the Police Special Task Unit (OMON) arrived in the town in several cars. Some of them were masked. They cordoned off the area and ordered the dwellers to stay inside. About 15 armed servicemen broke into the applicant's house and searched it. Then they beat up Mr Badrudi Nazyrov and his friend, pulled their T-shirts over their heads, put them in a UAZ-"tabletka" vehicle and took them to the Urus-Martan military commander's office. On the following day the military commander's office accepted food package for detained Badrudi Nazyrov; but on the next day the servicemen denied that he had ever been brought to their office. The applicant has not seen Mr Badrudi Nazyrov since the abduction

 

Salikhova and Magomedova v. Russia, (63689/13)

Judgement date: 26/01/2016
Communicated: 06/04/2014
Lodged: 23/09/2013
Date of violations: 20/05/2013
Location: Dagestan
Representative: D. Itslayev
Violation: Disappearance

The applicants alleged that their relative Sakhrab Abakargadzhiyev had been abducted by State agents in Dagestan, Russia, and had subsequently disappeared and that the authorities had failed to effectively investigate the matter.

 

Bakayevy v. Russia, (67744/11)

Communicated: 25/01/2016
Lodged: 06/10/2011
Date of violations: 29/07/2002
Location: Chechnya
Representative: Materi Chechni
Violation: Disappearance

On 29 July 2002 a group of men in military uniforms seized Mr Akhmed Bakayev on a street in Kirova settlement, Chechnya, and took him away. On 9 July 2003 the Zavodskoy district prosecutor’s office in Grozny opened criminal case no. 30111. The investigation is still pending.

 

SALAMOV v. RUSSIA, (5063/05)

Judgement date: 12/01/2016
Communicated: 25/11/2008
Lodged: 31/12/2004
Date of violations: 21/08/2003
Location: Chechnya
Representative: Others
Violation: Property

The case concerned the seizure of Mr Salamov’s truck during a counter-terrorist operation in Chechnya. During an identity check in December 1999 military servicemen seized a truck from Mr Salamov’s home in Shali (Chechnya). The truck was eventually returned to him in April 2000, but it was damaged. He thus attempted to submit complaints to the local and military prosecutors, but was advised in August 2003 to seek damages in civil proceedings. He therefore went on to sue the military unit concerned for unlawful seizure of his truck, claiming compensation for missing parts and the cost of repairs. He notably submitted eyewitness statements of the truck’s seizure, two letters issued by military commanders confirming the seizure and return of the vehicle and findings reached by a local administration commission confirming his account of the circumstances of his 10 case. However, in July 2004 the domestic courts, relying on the statements of two servicemen from the military unit in question (who denied having seen the truck) as well as the military unit’s log book (which had no record of the seizure), found that the State could not be held responsible for the damage to Mr Salamov’s truck. This decision was upheld on appeal in September 2004. An internal inquiry was subsequently conducted by the military prosecutor in 2009, during which the military unit stated that it had not conducted any special operations in Shali in December 1999 and that their
archives had no trace of any complaints by Mr Salamov regarding the seizure of his truck. Four servicemen in the military unit in question also signed affidavits confirming that they could not recall a truck seized by a local inhabitant having been used by their unit. Relying on Article 1 of Protocol No. 1 (protection of property), Mr Salamov complained that the seizure of and damage to his truck had breached his property rights.

 

Kudusov and Others v. Russia, (1978/13)

Communicated: 07/01/2016
Lodged: 21/12/2012
Date of violations: 24/09/2001
Location: Chechnya
Representative: Materi Chechni
Violation: Disappearance

On 24 September 2001 a group of armed servicemen arrived at the applicants’ house in two APCs and took Mr Alikhan Kudusov away.
On 6 February 2004 the Argun town prosecutor’s office opened criminal case no. 48003 (in the documents submitted the number was also referred to as 37062 and 59185). The investigation is still pending.

 

Orlov and Memorial v. RUSSIA, (48557/10)

Communicated: 07/01/2016
Lodged: 21/07/2010
Date of violations: 13/08/2009
Location: Chechnya
Representative: EHRAC/Memorial
Violation: Freedom of expression

The first applicant, Mr Oleg Petrovich Orlov, is a Russian national who was born in 1953 and lives in Moscow. The second applicant is the Memorial Human Rights Centre, a non-governmental organisation registered in Russia. The applicants complain under Article 10 of the Convention that their right to freedom of expression was violated. They claim, in particular, that the interference was not lawful, because Article 152 of the Civil Code of Russia made no distinction between statements of fact and value judgments. They also claim that the interference was not “necessary in a democratic society” because the domestic courts failed to examine the case in line with the requirements of Article 10 of the Convention and because the interference was disproportional to the legitimate aim pursued.

 

Dudayeva v. Russia, (67437/09)

Judgement date: 08/12/2015
Communicated: 19/06/2013
Lodged: 18/11/2009
Date of violations: 09/07/2002
Location: Chechnya
Representative: D. Itslayev
Violation: Killing

The applicant alleged that in July 2002 federal servicemen had killed her son, Mr Aslan Dudayev, during an attack on her house and had abducted and subsequently killed her husband, Mr Ali Dudayev, and that the authorities had failed to carry out an effective investigation into the matter.

 

Mukayevy v. Russia, (31189/11)

Judgement date: 08/12/2015
Communicated: 21/11/2011
Lodged: 12/05/2011
Date of violations: 03/12/2004
Location: Chechnya, Duba-Yurt
Representative: SRJI
Violation: Disappearance
Pecuniary damage: 20000 €
Non-pecuniary damage: 60000 €

Since 1995 Mr Rasul Mukayev has been suffering from a disability. In 2001 and 2002 he was detained in sweeping-up operations in Duba-Yurt and subsequently released since no charges were brought against him. At the material time the village was surrounded by numerous checkpoints. Two checkpoints were located in the vicinity of the applicants’ house. On 3 December 2004 at around 5 a.m. an APC arrived at the applicants’ house in Duba-Yurt. Another APC and two UAZ “tabletka” vehicles remained waiting in a neighbouring street. A group of eight to ten armed servicemen who were masked and in camouflage uniforms broke into the house. Threatening the applicants in unaccented Russian, they searched the house for valuables, arms and ammunition and took some items. The servicemen handcuffed Rasul, pulled his T-shirt over his head and forced him outside, where one of them reported to someone via portable radio: “The object is taken. We are leaving”. The servicemen told the applicants that they were taking Rasul to the ROVD and then drove away in the direction of Khankala. The applicants subsequently learnt from anonymous witnesses that their son had been taken to the Main Federal Military Base in Khankala.The applicants have not seen Mr Rasul Mukayev since his abduction on 3 December 2004.

 

Sagayeva v. Russia, (22698/09)

Judgement date: 08/12/2015
Communicated: 21/11/2011
Lodged: 17/04/2009
Date of violations: 08/08/2000
Location: Chechnya, Urus-Martan
Representative: SRJI
Violation: Disappearance
Non-pecuniary damage: 60000 €

On 8 August 2000 at around noon a group of more than twenty five masked and armed servicemen in camouflage uniforms arrived at the applicant’s house in two APCs and several UAZ “tabletka” cars. They broke inside and quickly searched the premises, taking away all documents and family pictures. They arrested Khasan Sagayev, put him in APC no. 802 and drove away in the direction of the Rostov-Baku highway. There they joined a convoy of APCs and UAZ cars. Other Alkhan-Yurt residents were arrested on that day. Later in the morning Mr Supyan Mokhchayev, the Grozny mayor, contacted a military commander, who reported that APC no. 802 belonged to a Russian regiment stationed on the premises of the Main Federal Military Base in Khankala. However, Khankala servicemen denied this. Mr Mokhchayev also learnt from anonymous witnesses that Khasan had been brought to Khankala and questioned by three investigators. Later on Mr Muni Akhmadov, a resident of Alkhan-Yurt, told the applicant that Khasan’s name was listed in one of the secret databases in Khankala. The applicant has not seen Mr Khasan Sagayev since his abduction on 8 August 2000.

 

Bimuradova v. Russia, (3769/11)

Judgement date: 12/11/2015
Communicated: 15/09/2011
Lodged: 02/12/2010
Date of violations: 27/05/2002
Location: Chechnya, the village of Gordaly
Representative: No representative
Violation: Disappearance

In the aftemoon on 27 May 2002 Magomed Bimuradov was abducted from the street next to his house in the village of Gordaly, Chechnya, by a group of armed masked men in a car. In the presence of a number of witnesses he was forced in the car which drove away in the direction of the Shuani village in the Nozhy-Yurt district. According to the applicant, the abductors belonged to the federal forces. Magomed Bimaradov has gone missing since.  It is unclear whether the investigation into the murder and/or the disappearance of the applicant’s brother has been completed.

 

Nagmetov v. Russia, (35589/08)

Judgement date: 05/11/2015
Communicated: 13/01/2012
Lodged: 11/07/2008
Date of violations: 25/04/2006
Location: Dagestan
Violation: Right to life

The applicant, Yarmet Nagmetov, is a Russian national who was born in 1949 and lives in Makhachkala (Republic of Dagestan, Russia).
5. The case concerned the death of his son, Murad Nagmetov, as a result of a tear gas grenade fired during a demonstration. On 25 April 2006, Murad Nagmetov took part in a public gathering of several hundred people in Makhachkala alleging corruption of local public officials. The gathering was dispersed by the authorities with the use of firearms and Murad Nagmetov died of injuries sustained by a tear gas grenade. On the same day a criminal investigation into murder and the illegal handling of firearms was opened. In February 2007, the investigating authority suspended the investigation. In December 2009 the investigation was resumed and then suspended again on 16 January 2010. In February 2011, the acting prosecutor determined that the decision of 16 January 2010 was unlawful and
ordered a resumption of the investigation. In particular, he noted that the investigation had not exhausted the measures aimed at establishing the circumstances of the crime, the collection of evidence or the identification of the rifle used to cause the victim’s death. The prosecutor did not believe that it was impossible to identify the rifle, as reported by an expert, if the cartridges of the relevant type were provided. Most recently, in April 2011, the investigation was once again suspended. Relying on Article 2 (right to life), Mr Nagmetov complained that his son had died as a result of excessive use of force by the state and that the investigation into his son’s death had been ineffective. In particular, he complained about the quality of the expert reports.

 

BUZURTANOVA AND ZARKHMATOVA v. RUSSIA, (78633/12)

Judgement date: 05/11/2015
Communicated: 03/08/2013
Lodged: 11/12/2012
Date of violations: 06/12/2012
Location: Ingushetia, Nazran
Representative: International Protection Centre
Violation: Disappearance

Akhmed Buzurtanov was a trainer in a sports club “Kaloy” in Nazran. The applicants alleged that at night on 6 December 2012 at a 200 to 300 meters distance from his home Akhmed had been stopped by unknown masked men in military uniforms who had previously chased him in three cars. They had forced him into one of their cars and taken him away to unknown destination. The applicants have had no news of Akhmed Buzurtanov since his disappearance. The applicants complain, among other matters, under Article 2 of the Convention about the violation of the right to life of Akhmed Buzurtanov.

 

S.M. v. Russia, (75863/11)

Judgement date: 22/10/2015
Communicated: 12/05/2014
Lodged: 26/11/2011
Date of violations: 17/07/2009
Location: Dagestan, Derbent
Representative: No representative
Violation: Torture

On 10 July 2009 an official of the Derbent town administration hired the applicant as his personal assistant for minor tasks such as making tea and cleaning up the office. On 17 July 2009 Mr R. and Mr A. locked the door to Mr R.’s office at the end of the working day and raped the applicant. The pre-investigation inquiry into the applicant’s allegations of rape was pending from July 2009 until June 2014; the means employed during the investigation were not capable of leading to identification and punishment of those responsible. The applicant complained, relying on Articles 6, 7, 13, 14 and 17 of the Convention, about the lack of an effective investigation by the domestic authorities into the reported rape.

 

Svetlana ESTEMIROVA against Russia, (42705/11)

Communicated: 16/10/2015
Lodged: 21/06/2011
Date of violations: 15/07/2009
Location: Chechnya
Representative: EHRAC/Memorial
Violation: Killing

The applicant was a sister of Ms Natalia Estemirova, now deceased, a prominent human rights activist and campaigner in Russia working in the North Caucasus, including documenting cases of human rights violations in the Chechen Republic. The applicant complained under Articles 2 and 13 of the Convention of the murder of her sister and the authorities’ failure to thoroughly, effectively and speedily investigate her death.

 

Akhmed TSADAYEV against Russia, (3773/11)

Communicated: 16/10/2015
Lodged: 02/12/2010
Date of violations: 05/07/2010
Location: Chechnya
Representative: No representative
Violation: Property

The applicant owned flat no. 12 in an apartment block at 53, Kavkazskaya Street, Grozny. The building was destroyed during the hostilities in 1999 - 2000. In November 2004 the applicant applied to the Commission and his file was assigned number 02/13975.
In 2008 the applicant was registered as a person eligible for social housing because his flat had been destroyed during the hostilities. He was assigned number 1569 in the waiting list; in 2010 his number was 1689. In April 2010 he was informed that his application was not considered by the Commission since the building in question has not been included into the register of destroyed buildings. The applicant complained to a court. On 5 July 2010 the Staropromyslovskiy District Court of Grozny rejected his complaint since the Commission was unable to proceed in the absence of the technical group’s register.

 
Cases 281 - 300 of 707