Patimat ARZHIYEVA against Russia, (66590/10)
|Date of violations:||12/08/2000|
The applicant’s flat was damaged during the hostilities in 1994 -1995, and then destroyed in 1999-2000. It was situated in a 70-flat apartment block at 21, Tereshkova Street in Grozny, Chechnya. In March 2005 the applicant submitted an application for administrative compensation to the Compensation Commission (Комиссия по рассмотрению заявлений граждан о компенсационных выплатах за утраченное жилье и имущество, thereafter “the Commission”). She received acknowledgment of receipt of documents no. 22/9777. n 2011 she was informed by the Commission’s secretariat that the technical group has not been operational since 2005 and that the Commission was not aware whether and when it would restart its work.
The applicant instituted civil proceedings, seeking damages for the destroyed property directly from the Government of Chechnya. On 21 March 2013 the Leninskiy District Court of Grozny rejected the applicant’s claim, referring to the expiration of the time-limit and lack of legal grounds for such claims. On 28 May 2013 the Supreme Court of Chechnya upheld the decision, except the reliance on the prescription term. The Supreme Court stressed that the compensation could not be paid because the new procedure for the payment of compensations was being developed.
Davletbayeva and Others v. Russia, (22170/11)
|Date of violations:||17/05/2005|
On 17 May 2005 a group of armed servicemen arrested Mr Khizir Galtakov on a street in Znamenskoye, Chechnya, and took him away in an UAZ (“таблетка”) vehicle without registration numbers. On 28 May 2005 the Nadterechnyy district prosecutor’s office in Chechnya opened criminal case no. 49007. The investigation is still pending.
Abakarova v. Russia, (16664/07)
|Date of violations:||04/02/2000|
In the early hours of 4 February 2000 the village of Katyr-Yurt, a so-called ''safe zone'', came under aerial attack without any warning. Taisa Abakarova and her family hid in the cellar under their house as the shelling continued throughout the day. Later Taisa's father said that it was too dangerous to stay in Katyr-Yurt and that they would go to Achkhoy-Martan. As Taisa and her family got into their "Volga" car, there were several explosions. At some point Taisa lost here memory of the events, and regained consciousness when she was lying on the road. Their car was on fire, and as a result of the air-strike her father Mansur Abakarov, her mother Khava Zaumayeva, her brothers Ruslan and Magomed Abakarov, and her sister Madina Zaumayeva were killed. An official criminal investigation was initiated but later closed as no criminal acts could be established. The facts of the case are connected to Isayeva v. Russia, no. 57950/00, decided on 24 February 2005.
Tsumayevy v. Russia, (67743/11)
|Date of violations:||06/04/2000|
On 6 April 2000 a group of police officers detained Mr Alu Tsumayev at checkpoint “Chernorechye” in the Zavodskoy District of Grozny and took him to the Zavodskoy district department of the interior in Grozny. On 10 August 2000 the Grozny town prosecutor’s office opened criminal case no. 12115. The investigation is still pending.
ABDURAKHMANOVA AND ABDULGAMIDOVA v. RUSSIA, (41437/10)
|Date of violations:||25/06/2010|
On 25 June 2010 the second applicant and her husband Mr Abdurakhman Abdurakhmanov were visiting their relative Ms F.Sh. in Kaspiysk. At about 9 p. m. there arrived a group of five to seven men, some of whom were in black masks. One of them told the second applicant that they were from the police. The men abducted Mr Abdurakhman Abdurakhmanov next to the house, in the street. The applicants complained under Article 2 of the Convention that their relative Mr Abdurakhman Abdurakhmanov had been abducted and subsequently deprived of his life by State agents, and that the domestic authorities had failed to carry out an effective investigation of the matter.
OOO Memo v. Russia, (2840/10)
|Date of violations:||02/10/2008|
|Violation:||Freedom of expression|
On 2 October 2008 the Regional Administration brought a defamation claim against the applicant company and the editorial board of “the Caucasian Knot” seeking the publication of a disclaimer against expressions saying that “the Regional Administration [had] lobbied the Volzhanin factory to win the tender” and that “the suspension of allocation of subsidies to the Town of Volgograd from the regional budget [had been] an act of revenge for the lost tender”. The Ostankinskiy District Court of Moscow ordered the applicant company to publish on “the Caucasian Knot” website a disclaimer stating that the extracts were false and damaging to the business reputation of the Administration of the Volgograd Region, as well as to publish the operative part of the present judgment. The Moscow City Court, endorsing the reasoning of the first instance court, upheld the judgment on appeal. The applicant company complains under Article 10 of the Convention about an unjustified interference with its freedom of expression.
Saydulkhanova v. Russia, (25521/10)
|Date of violations:||13/01/2004|
|Non-pecuniary damage:||20000 €|
Muslim Saydulkhanov worked as a security guard for the Argun district department of the interior ("the ROVD") in the building of the Vedeno district pension fund. In the evening of 13 January 2004 Muslim Saydulkhanov disappeared from the place of his work. In February 2004 officers from the Vedeno ROVD who were working there on mission from the Perm region of Russia provided the applicant with information about her son's abduction. According to the officers, on 13 January 2004 servicemen from 'Vostok' battalion in an UAZ minivan) had arrested Muslim Saydulkhanov on the street and taken him to the military commander's office where he had been detained between 13 and 16 January 2004. Two officers from the Vedeno ROVD, Mr V.St, and Mr P.K., had also participated in the arrest. At some point later a servicemen from 'Vostok' battalion visited the applicant's fellow villager Ms R.V. and told her that he had been detained in a basement in Gudermes together with Muslim Saydulkhanov. He had never been seen since. The investigation about this case has not given any results.
Fanziyeva v. Russia, (41675/08)
|Date of violations:||26/05/2007|
On 26 May 2007 Ms Eneyeva was at a local market in Nalchik. One of the stall-holders suspected that Ms Eneyeva was planning to steal a skirt from her market stall. The police arrived and arrested Ms Eneyeva on suspicion of theft. Admittedly, in the police office Ms Eneyeva jumped out of the window in an attempt to escape from police custody. She was immediately then taken to hospital by ambulance to for urgent surgery. At 10.45 p.m. on 26 May 2007 Ms Eneyeva died of complex internal injuries to her head, body and extremities. The applicant complained that her daughter had been thrown from the window by police officers and that no meaningful investigation into those circumstances had been carried out. She relied on Article 2 of the Convention.
Zulay Islamova v. Russia, (5713/11)
|Date of violations:||14/10/2000|
|Pecuniary damage:||20000 €|
|Non-pecuniary damage:||120000 €|
At the material time Apti and Said-Emi Islamovy worked at the department of the interior of the Zavodskoy district, Grozny, Chechnya. On 14 October 2000 the brothers and two other men were driving the car GAZ-3102 from Grozny to Urus-Martin. Their car was stopped at 116 checkpoint near the village Chernorechye. At about 6 p.m. two APCs and two UAZ vehicles with a group of armed servicemen arrived at the checkpoint. The servicemen in APCs, who were wearing black masks, threatened to shoot the ROVD colleagues of the detained men and forced them to leave the place. The four arrested men, including Apti and Said-Emi Islamov, remained at the checkpoint and gone missing since. The investigation into this fact has no result.
Mezhiyeva v. Russia, (44297/06)
|Date of violations:||06/03/2001|
|Violation:||Death due to negligence|
|Non-pecuniary damage:||30000 €|
On 6 March 2001 Mauda Mezhiyev was driving his bus in Grozny. His wife Kisa Mezhiyeva also worked on the bus. The bus passed the military check point at the bridge over Sunzha and started driving forward when there was a powerful explosion under its left front wheel. Mauda and Kisa as well as several passengers were injured. The servicemen at the checkpoint did not let anyone approach the bus. When an ambulance tried to get through the servicemen started firing shots in the air. The injured had to be carried from the bus to the ambulance. In the time that elapsed, Mauda lost a lot of blood and he died shortly after arriving at the hospital.
Ireziyevy v. Russia, (21135/09)
|Date of violations:||07/05/2002|
On 7 May 2002 at around 4 a.m. masked and camouflaged servicemen with machineguns and rubber truncheons arrived in two APCs and a UAZ car in the village of Avtury. They split in two groups of up to ten and broke into the two houses. The servicemen spoke unaccented Russian. They took Aslan Ireziyev and Khaseyn Suleymanov to the backyard, locking the remaining family members inside. Having checked Aslan’s and Khaseyn’s passports, the servicemen pulled sacks over their heads and put them in one of the APCs. At dawn the applicants, together with the head of the Avtury administration, followed the tracks left by the vehicles. They found that one of the APCs had entered the premises of the Avtury collective farm (совхоз Автуринский), where a Russian military base was located, and the other one had headed for Shali. The servicemen and the head of the Shali administration denied having seen the vehicles. On 13 May 2002 Mr Salambek Bisultanov, the deputy head of the Shali district department of fight against organised crime, informed the applicants that Aslan and Khaseyn had been brought to the Main Federal Military Base in Khankala, and promised to arrange their release at 5 p.m. in Argun. At the specified time four camouflaged servicemen brought Khaseyn in a UAZ car. They promised to set Aslan free on the following day, which did not happen. Later Mr Bisultanov told the applicants that they had not managed to obtain Aslan’s release. According to Khaseyn, after the arrest the servicemen took him and Aslan to the Avtury collective farm. There they were put in a UAZ car, handed over to other servicemen and driven away, passing through several roadblocks. At a certain point the servicemen stopped and placed Aslan and Khaseyn in a cellar. The servicemen introduced themselves as officers of the Special Task Police Unit (the OMON) of St Petersburg. They questioned Aslan and Khaseyn about involvement in rebel groups and beat them up. The applicants have not seen Mr Aslan Ireziyev since his abduction on 7 May 2002.
Gambulatova v. Russia, (11237/10)
|Date of violations:||28/06/2001|
On 28 June 2001 Vakhit Gambulatov and his fellow villager Ramzan Salamov were arrested by the Russian servicemen at the checkpoint located between villages of Centoroy and Bachi-Yurt, Chechnya. They were taken in an APC to the military commander's office of the Kurchaloy district. The duty military officers confirmed that Vakhit had been detained there. The mother of Vakhit had been bringing food and clean clothes for him for 15 days. Then she was told by the that Vakhit had been moved to other place of detention. The applicant's son has not been seen or heard of since that. The investigation into his disappearance has not been meaningful.
Zhebrailova and Others v. Russia, (40166/07)
|Date of violations:||25/04/2005|
|Location:||Chechnya, Village of Gekhi|
At about midnight on the night between 25 and 26 April 2005 a group of servicemen burst into the home of the Zhebrailov family in the village of Gekhi. They violently apprehended Balavdi Zhebrailov and his brother Salavdi, put them in an UAZ vehicle and drove off. The servicemen continued to beat up the brothers inside the car. The car eventually stopped and they were taken to separate cells in a basement where the beating continued. Later on that night, the brothers were transported to the premises of the 2nd regiment of the road police of the Ministry of the Interior of the Chechen Republic. At some point the car stopped and Salavdi was thrown outside. He returned home in the morning. Balavdi is missing since.
Lolayev v. Russia, (58040/08)
|Date of violations:||27/02/2008|
The applicant complained that he had been ill-treated by the police and that there had been no effective investigation into the matter.
Malika Yusupova v. Russia, (14705/09)
|Date of violations:||23/03/2002|
|Pecuniary damage:||10000 €|
|Non-pecuniary damage:||60000 €|
On 23 March 2002 Arbi and Ilman Yusupovy were driving over Gudermes city, Chechnya, when their car was stopped by the Russian servicemen. The brothers were forced to take a seat in an APC, their heads were put by the sacks on and they were taken to the checkpoint and then transferred to an unknown place. The brothers were detained in a basement and questioned about members of illegal armed groups. Ilman Yusupov was released in 5 days, but Arbi Yusupov disappeared. The investigation on this fact has no result.
Albakova v. Russia, (69842/10)
On 10 July 2009 Ms Albakova’s son was allegedly taken from the family home by a group of armed men, speaking Russian, Chechen and Ingush following a passport check of all the family members present. Eleven days later Ms Albakova discovered on the internet that her son had been shot dead by Russian servicemen during a counter-terrorist operation in a forest close to Arshty, a village in the Ingushetiya Republic. Her son’s body was subsequently returned to her with multiple injuries, including gunshot and stab wounds, fractured bones, burns, bruises and a partially severed arm. An initial inquiry was conducted and then, in August 2009, an official criminal investigation was officially opened, which eventually concluded in May 2012 that Batyr Albakov, a member of an illegal armed group, had died in an exchange of gunfire with a Russian military unit
Minayevy v. Russia, (70695/10)
|Date of violations:||05/09/2002|
In September 2002 Urus-Martan was under curfew and surrounded by Russian military checkpoints. A number of law-enforcement and administrative authorities, including a military commander’s office, were situated in the town. On 5 September 2002 between 2 and 3 a.m. an APC and two URAL lorries arrived at the applicants’ block of flats. A group of up to forty servicemen in masks and camouflage uniforms got out of the vehicles. Up to fifteen of them stormed into the applicants’ flat. They spoke unaccented Russian. After locking Mr Mayrbek’s father in the kitchen and threatening his brother with a machinegun, the servicemen checked the identity documents of the other family members. Then searched Mayrbek, asked for his passport and told the relatives that they were taking him to the military commander’s office. Through the windows the applicants saw the servicemen beating Mayrbek while dragging him, with a plastic bag over his head, to Lenina Street, where they forced him in one of the vehicles and drove away. On the same morning the 1st applicant went to the Urus-Martan district prosecutor’s office and the district department of the interior (the ROVD) to report the abduction. Mayrbek’s parents contacted the local and the district administration. The applicants have not seen Mr Mayrbek Minayev since his abduction on 5 September 2002.
Kisa Dzhabrailova and Others v. Russia, (68860/10)
|Date of violations:||05/11/2002|
On 5 November 2002 between 5 and 6 a.m. a group of armed servicemen in camouflage uniforms broke into the applicants’ house in Achkhoy-Martan. Those who were unmasked were of Slavic appearance. They spoke Russian. The servicemen locked the 1st applicant, her husband and kids in a room. Then, after searching the house, they dragged Mr Ibragim Dzhabrailov outside in his underwear, put him in an APC and drove away. The APC was accompanied by a UAZ “tabletka” minivan and a URAL lorry. Later in the morning the applicants informed about the abduction the Achkhoy-Martan district military commander’s office, the local administration and the police. The military commander’s office acknowledged that they had detained Ibragim and promised to release him later on the same day. However, the applicants’ relative was not released. At some point later the applicants were told that Ibragim had been taken away by servicemen from Grozny. The applicants have not seen Mr Ibragim Dzhabrailov since his abduction on 5 November 2002.
Dadayeva v. Russia, (67305/10)
|Date of violations:||24/09/2001|
|Location:||Chechnya, the settlement of Alkhazurovo|
On 24 September 2001 armed servicemen of the federal forces carried out a special operation in Alkhazurovo. At around 4 a.m. a group of servicemen broke into the Shavanovs’ family house, beat family members, including the applicant, and took away Mr Mayrbek Shavanov and Mr Aslambek Shavanov. The intruders used a UAZ car and a URAL lorry belonging to the local police station and two KAMAZ lorries. At some point Mr G.A. Gadzhiyev, an officer of the Urus-Martan district military commander’s office unofficially acknowledged that the missing brothers were being held at the district FSB office situated on the 3rd floor of the military commander’s office. The applicant has not seen Mayrbek and Aslambek Shavanov since their abduction on 24 September 2001.
Khadzhiyeva and others v. Russia, (4386/10)
|Date of violations:||30/10/2001|
On 30 October 2001 the town of Goyty was under curfew. At around 4 a.m. a group of ten masked and armed servicemen in camouflage uniforms and bullet-proof vests broke into the applicants’ house. The servicemen, who spoke unaccented Russian, had arrived in two APCs, a URAL and two UAZ cars. They handcuffed Mr Khasan Khadzhiyev, checked his documents, took him into one of UAZ cars and drove away in the direction of Urus-Martan. On the same night at around 4 a.m. the servicemen broke into a neighbouring house. They checked the documents of Mr Khusseyn Magomadov, but did not take him away. In about seven days after the abduction the 1st applicant was informed that her brother was detained at the Urus-Martan district military commander’s office and that he would be released after a check. The applicants have not seen Mr Khasan Khadzhiyev since his abduction on 30 October 2001.