ECHR Cases from the North Caucasus

In autumn 2001 Goyty was under curfew and surrounded by Russian military checkpoints. The military commander’s office and a police station operated in the settlement. On 4 November 2001 at around 5 a.m. a group of five or six armed masked servicemen in camouflage uniforms broke into the applicant’s house and ordered everyone to lie face down on the floor. One of them handcuffed the applicant. The servicemen quickly searched the house and took Mr Musa Merluyev outside. Shortly afterwards the applicant saw an APC and two grey UAZ cars, including one “tabletka” minivan, driving away. Immediately after the abduction, the applicant went to military commander’s offices in Goyty and Urus-Martan. The on duty officers denied any knowledge of Musa’s detention. Some time later the applicant learnt that another Goyty resident, Mr Anzor Ismailov (see application Ismailova v. Russia (no. 25515/10) above), had been taken away on the same night. The applicant has not seen Mr Musa Merluyev since his abduction on 4 November 2001.

On 15 June 2002 at around 2 p.m. an APC without registration plate arrived at the applicants’ house in Tangi-Chu. A group of ten armed servicemen in helmets and camouflage uniforms broke into the house. Those of the intruders who did not have masks had Slavic features. Speaking unaccented Russian, the servicemen pointed their machineguns at the applicants and took Mr Aslan Yusupov outside. The men took Aslan’s passport, put him in the APC and told his relatives that he would return after an identity check.  In about ten minutes several APCs and a white VAZ-2106 car joined the vehicle. The convoy drove away having passed without a check through the Russian military checkpoint situated next to Martan-Chu and arrived at the premises of the Urus-Martan district military commander’s office. It appears that on the same day the servicemen also visited several neighbouring houses and took away Mr Ramzan Shamsudinov along with his VAZ-2106 car. Immediately after his son’s abduction, the 1st applicant went to the Urus-Martan military commander’s office. A woman at the office gate confirmed that servicemen had arrived there in two APCs and a VAZ with two young men on board. The servicemen took the young men out of the APC and dragged them, with sacks over their heads, to the office building. On 18 June 2002 Mr Yusup Izrailov, the head of the Martan-Chu administration, informed the applicants that Aslan Yusupov and Ramzan Shamsudinov were detained at the district military commander’s office and that they would be released in the evening. However, the two men were not released. On 18 or 19 June 2002 Mr Shirvani Yasayev, the head of the Urus-Martan administration, informed the applicants that five bodies had been found in an abandoned garden on the Urus Martan - Goyty road. One of the bodies was that of Ramzan Shamsudinov. The applicants have not seen Mr Aslan Yusupov since his abduction on 15 June 2002.

In July 2001 Mr Syal-Mirza Murdalov went to visit the Islamovs family in the settlement of Chervlennaya. On 9 July 2001 at around 3 a.m. a large group of masked servicemen in camouflage uniforms arrived in an APC, two URAL lorries and two UAZ cars in the backyard of the  Islamovs’ house. Ten servicemen with torches broke into the house and searched it. The servicemen ordered in unaccented Russian that everybody lied face down on the floor. They tied Syal-Mirza’s, Ayndi’s and Umar’s hands and mouths with duct tape, took their passports and drove them away. Immediately after the applicants ran to the local police station and the military commander’s office. On duty officers told her that they had neither arrested nor detained anyone in their offices. The applicants have not seen Mr Syal-Mirza Murdalov, Ayndi Ismailov and Umar Ismailov since their abduction.

In November 2001 Russian military checkpoints operated around the settlement of Goyty; a military commander’s office and a police station were situated in the village which was under curfew. On 4 November 2001 at around 5 a.m. ten servicemen in masks, helmets and camouflage uniforms broke into the applicant’s home. They spoke unaccented Russian and were carrying torches. The men ordered the family members to lie down on the floor and searched the house. They took Mr Anzor Ismailov outside and put him in one of the two UAZ “tabletka” minivans parked along with an APC in the vicinity of the house. The vehicles drove away in the direction of the military checkpoint situated at the bridge over the Argun channel, in about 600 meters from the applicant’s house. The applicant’s husband followed the vehicles. He spoke to the servicemen manning the checkpoint; they told him that the vehicles with FSB servicemen on board had passed through the checkpoint without a check. Later in the morning the applicant went to the Urus-Martan military commander’s office, where she met Mr Alexandr Merluyev, a Goyty resident. His brother, Mr Musa Merluyev (see application Merluyev v. Russia (no. 36141/10) below), had been abducted on the same night. The applicant has not seen Mr Anzor Ismailov since his abduction on 4 November 2001.

On 28 October 2002 the settlement of Ishkhoy-Yurt was under curfew. At around 3 a.m. groups of seven to ten armed servicemen in camouflage uniforms broke into the applicants’ respective houses situated in the same neighbourhood. Some servicemen were masked whereas the others were wearing metal helmets. The men spoke Russian, some with an accent, and Chechen. They threatened to kill the applicants and their relatives and beat up some of them. The intruders checked the documents of Aslanbek Viskhadzhiyev, Yasin Viskhadzhiyev, Yusup Biysultanov and Sultan Viskhadzhiyev and took them barefoot outside. Aslanbek, Sultan and Yusup were put in one APC and Yasin in another. There were around thirty servicemen in total and a convoy of four vehicles, including two APCs and two UAZ “tabletka” cars. The convoy passed unobstructed through checkpoint no. 74 and drove away in the direction of Grozny or Gerzel. According to the applicants, the abductors’ vehicles belonged to the Gudermes district military commander’s office and their relatives had been detained in a temporary detention facility on the premises of the Gudermes department of the interior (the ROVD). The applicants have not seen their four relatives since their abduction

On 9 March 2006 between 8 and 9 p.m. eight or nine UAZ cars and a grey VAZ “tabletka” vehicle arrived at the applicants’ block of flats in Grozny and cordoned off the neighbourhood. A group of up to eight masked servicemen in camouflage uniforms with portable radios and machineguns, some of which equipped with silencers, broke into the applicants’ flat. Some of the intruders spoke unaccented Russian. The servicemen ordered Mr Mikhail Borchashvili to lie face down on the floor and checked his passport. Then they dragged him outside, put him in one of their cars and drove away. At the relevant time the applicants’ neighbourhood was surrounded by a number of military checkpoints through which the abductors had unobstructed passage. The applicants have not seen Mr Mikhail Borchashvili since his abduction on 9 March 2006.

In August 2003 the applicant, her sisters and her brother, Mr Gilani Aliyev, stayed at their mother’s house in Alkhazurovo. A local military commander’s office was situated nearby. The settlement was under curfew; it was surrounded by military checkpoints. On 11 August 2003 at 3.15 a.m. from two to five APCs, three UAZ cars and several URAL lorries arrived at the house. A group of 15-25 servicemen in camouflage uniforms armed with machineguns broke into the house. Those unmasked had Slavic features and spoke unaccented Russian. The servicemen took Mr Gilani Aliyev away. The applicant saw two APCs driving away in the direction of Goyty and two UAZ cars in the direction of Urus-Martan. Later in the morning Mr Sergey Alferov, the military commander of Alkhazurovo, informed the applicant that Russian servicemen had carried out a special operation during the night and confirmed that Gilani had been detained by the servicemen. On the same day two officers of the Urus Martan district military commander’s office told the applicant that their servicemen had arrested two men in a village situated in 20 minute ride from Urus-Martan. The applicant concluded that one of the arrested men must have been her brother.
The applicant further learnt that on the same night the servicemen had detained another resident of Alkhazurovo, Mr Aslan Khadisov. The applicant has not seen Mr Gilani Aliyev since his abduction on 11 August 2003.

On 4 November 2002 at 6 a.m. a blue GAZEL minivan arrived at the house of Ms. Rezeda Aliyeva in Mesker-Yurt. A group of twelve servicemen in camouflage uniforms armed with machineguns broke into the house. All but two of them were masked; the unmasked men were of Slavic appearance. After searching the house, the servicemen took Mr Apti Dombayev to the vehicle and drove him away. On the same date the applicants’ neighbours saw a white VAZ 2107 car, a UAZ car, and a URAL lorry driving around with the GAZEL minivan. None of the vehicles had registration plates. One of the neighbours managed to follow the cars to the Argun sugar factory. The applicants have not seen Mr Apti Dombayev since his abduction on 4 November 2002.

In the morning of 14 February 2002 Mr Aydrus Saraliyev, Mr Artur Yeliseyev and Mr Bislan Chadakhanov were staying at the house of their friends’, brothers Islam and Movldi Dzhabrailov, in Urus-Martan. A checkpoint was situated nearby and a military commander’s office operated in the town centre. The town was under curfew. At about 5 a.m. a group of men in camouflage uniforms in two APC and three URAL vehicles arrived at the house. The men were of Slavic appearance and spoke unaccented Russian. They fired their machineguns, wounded Mr Islam Dzhabrailov, who was then taken outside, and ordered the three guests to go outside. The intruders put plastic bags over the heads of the three men and the Dzhabrailov brothers. After that the servicemen quickly searched the house, put the five blindfolded men in a URAL lorry and took them to the town centre. The servicemen dropped off the Dzhabrailov brothers at the Urus Martan department of the interior (the ROVD) and then drove away to an unknown destination with the applicants’ relatives. On the same date Molvdi Dzhabrailov was released and his brother Islam was taken by the ROVD officers to the district hospital for treatment. In March 2002 Mr Galyamov and Mr Lapin, officers of the Urus-Martan district prosecutor’s office, returned the passports of the three disappeared men to the applicants. They explained that the passports had been handed over to them at the Urus-Martan ROVD, where the applicants’ sons had been taken after their arrest. The applicants have not seen their three relatives since their abduction on 14 February 2002.

On 8 September 2004 at around 8 a.m. a white VAZ-2107 car with blackened windows and policemen on board arrived at the applicant’s house in Chernorechye. Three more cars, a silver VAZ-21099, a Volga and a UAZ, parked in a neighbouring street. The cars had no registration numbers. Ten to fifteen camouflaged and masked policemen armed with short-barreled machineguns broke into the applicant’s house. They spoke Chechen. The applicant thought that they were conducting a sweeping-up operation. The policemen grabbed Mr Said Adiyev, dragged him into their VAZ-2107 vehicle and rapidly drove away. During her search for Said the applicant met Mr Alikhan Mutsayev, the commander of the 6th division of the oil squadron of the Chechnya Ministry of the Interior. The man admitted that he had participated in the abduction and acknowledged that Said was being detained by his colleagues from the FSB. Said’s father told the investigator about Mr Alikhan Mutsayev but the investigator refused to question him. In the beginning of 2008 Mr Alikhan Mutsayev and his FSB acquaintances had been killed. The applicant submitted that prior to his abduction Mr Said Adiyev had been arrested in a sweeping–up operation but subsequently released as his participation in illegal armed groups had not been proved. The applicant has not seen Mr Said Adiyev since the abduction on 8 September 2004.

On 27 October 2002 Mr Buvaysar Magomadov and other relatives were sleeping in the applicant’s house. At around 6 a.m. two APCs and a GAZEL vehicle pulled over at the house. A group of up to 20 masked armed servicemen in camouflage uniforms and bullet proof vests jumped out of the vehicles and stormed into the house. Speaking unaccented Russian, they checked Buvaysar’s and his father’s identity documents. They told the father that they were taking Buvaysar with them for an identity check. The applicant asked them whether they had come from Shali and whether they had been checking other villagers. The servicemen nodded in the affirmative. Then they put Buvaysar in their GAZEL and departed. The applicant’s brother, Ismail, immediately reported the abduction to the head of the local administration. According to servicemen on duty at a checkpoint on the outskirts of Mesker-Yurt, a convoy of the two APCs and the GAZEL passed through and drove in the direction of Shali. On the same day the applicant with her relatives went to the Shali district military commander’s office. An on-duty serviceman told her that an arrested man had been brought in and handed over to the district FSB. Later that day the head of the district FSB told the applicant that Buvaysar would be questioned and then released in 3 days. However, subsequently the officer denied having any knowledge about the events. On 31 October 2002 the relatives learnt that Buvaysar had been taken to Khankala, where the main base of the Russian military in Chechnya was situated. The applicant has not seen Mr Buvaysar Magomadov since his abduction on 27 October 2002.

On 30 June 2002 Mr Aslambek Adiyev, Mr Albert Midayev and Mr Magomed Elmurzayev and their respective families gathered at Mr Albert Midayev’s house in Shali. At 2.05 p.m. a grey UAZ “tabletka” and another UAZ car pulled over at the gate. 7 or 8 servicemen in brand-new camouflage uniforms with pistols, machineguns and shields got out of the cars. All but two were wearing masks. The servicemen opened fire at Mr Aslambek Adiyev’s and shot him in the leg. Then they dragged him into a VAZ car. Then servicemen broke into the house and ordered everyone in unaccented Russian to get down on the floor. They hit those who did not obey. In the meanwhile applicant 6 walked out into the backyard and saw Mr Albert Midayev facing the wall with his hands above his head and a serviceman kicking him in the leg. Shortly thereafter, the servicemen put Mr Albert Midayev and Mr Magomed Elmurzayev in the same VAZ car and drove them down Ivanovskaya Street to the town centre. The VAZ car was followed by a convoy of at least five vehicles, including an APC, a UAZ, a white VAZ car, a white Volga car and an armoured infantry carrier. The applicants unsuccessfully tried to follow the convoy. On 29 August 2002 an officer of the Chechnya FSB told that the intruders belonged to the 34th special military unit based in Argun. The applicants have not seen their three relatives since their abduction on 30 June 2002.

In the morning of 5 November 2002 the Russian federal forces conducted a special operation in the settlement of Novye Atagi. Military checkpoints  surrounded the settlement and blocked free passage through the area. Between 6 and 8 a.m. the applicants were in their homes located at the outskirts of the settlement when they heard military vehicles. Groups of 3 to 30 camouflaged servicemen carrying machine-guns broke into their houses. Some of them were wearing masks and/or helmets. Most of the unmasked men were of Slavic appearance and spoke unaccented Russian. According to the applicants, they would be able to identify some of the servicemen. The servicemen subjected the applicants and Mr. Khamsan Debizov, Mr. Akhmed Kasumov, Mr. Magomed Kasumov, Mr. Adam Eskirkhanov, Mr. Ismail Taysumov to insults and beatings and searched the houses. Then they beat the applicants' five male relatives, tied their hands and put them in APCs. Eleven APCs were seen that day in the settlement; three of them were used for the abduction. Mr Akhmed Kasumov was taken in an APC with the registration no. 304. Servicemen opened gunfire and drove away in the direction of the town centre or the Argun river. The servicemen freely passed through the checkpoints, where as the applicants were not allowed to do so. The applicants subsequently found out that Mr Khamzan Debizov had been held at the Urus-Martan disfrict department of the interior (the ROVD) and Mr Akhmed Kasumov at the Shall ROVD but this information has not been officially confirmed. According to the applicants, the servicemen belonged to the FSB and the special unit of the Privolzhskiy Circuit of the Internal Forces of the Ministry of the Interior (Оперативная бригада Приволжского округа ВВ МВД) and who arrested the applicants' relatives as active members of illegal armed groups. The applicants have not seen Mr. Khamsan Debizov, Mr. Akhmed Kasumov, Mr. Magomed Kasumov, Mr. Adam Eskirkhanov, Mr. Ismail Taysumov since their abduction. It is unclear whether the criminal proceedings are currently pending.

On 6 June 2003 at 2 a.m. around 30 servicemen of Slavic appearance riding 4 APCs broke into the applicants' yard in Koshkeldy. They were armed, used portable radio stations and were wearing green camouflage uniforms. They spoke unaccented Russian. 10 masked servicemen stormed into the house. They tied the hands of applicants and ordered them to lie down on the floor. After searching the house, the servicemen beat up the Eskiyev brothers, collected their and their spouses' passports and took the two men away. Their vehicles freely passed through a checkpoint at the entry of the village. That same night the servicemen broke into the house of Mr Kaim Eskhiyev, a neighbour. They were looking for his son, Mr Danilbek Eskiyev, who had allegedly participated in an illegal armed group and who had left the village two years prior to the events. The applicants heard the servicemen speaking with someone over the radio: "We did not find the guilty one, only two innocent men. What should we do?" "Take them, I never mind". Mr Isa Eskiyev and Mr Usman Eskiyev have gone missing since 6 June 2003.

Mr Mulat Barshigov worked as a deputy head of the Samashki administration. On 14 November 2002 at 2 a.m. 5-6 camouflaged servicemen armed with machine-guns broke into the applicants' house in Samashki. One of them was unmasked and had Slavic features. They spoke unaccented Russian. The servicemen tied the applicants' and Mr Barshigov's limbs, gagged them with duct tape, then they beat the latter unconscious and carried him away. They used APCs and UAZ cars. According to military unit no. 20102, a special operation was carried out that day in the area. The village was under curfew. At least three roadblocks were located in the vicinity. A military commander's office operated in the village.  The applicants have not seen Mr Mulat Barshigov since the abduction. The investigation was pending without attaining any tangible results.

The case concerns the alleged abduction and disappearance on 26 December 2009 in St Petersburg of four of their male relatives following their arrival the previous day from Ingushetia. The applicants last saw their male relatives late in the evening of 25 December 2009 when the men drove away to one of the family’s homes. According to the applicants’ submissions, one of the men called his wife and told her that the car was being followed by a suspicious vehicle, after which telephone contact was cut off. Following the applicants’ complaints to various authorities, a criminal investigation was opened on 25 January 2010.

On 17 April 2000 Luiza Dagayeva, who was pregnant with her third child, travelled to Grozny to check up on her flat. On the same day Sharip Khaysumov, whose flat was located in the same house, and Ramzan Alaudinov, who owned a house on a neighbouring street, also went to check on their property. None of the three returned home after that day. Witnesses saw how they were detained by military servicemen and brought to the nearby Oktyabrskiy District Temporary Department of the Interior (VOVD). Their disappearance was investigated within the same criminal case as the case of Mr A. Sadykov who was detained at the Oktyabrskiy VOVD over the same
period of time and who alleged that he had been subjected to torture there
(see the case of Sadykov v. Russia, no. 41840/02).

At about 2 a.m. on the night of 8 December 2001 a group of armed masked men in camouflage uniforms broke into Magomed Edilov's house in the village of Valerik, Chechnya. They dragged Magomed outside, put him in one of their two UAZ cars and drove away. There has been no news from him since. The investigation into his disappearance has not yielded any results.

At about 2 a.m. on 9 December 2001 a large group of armed masked men in camouflage uniforms broke into the Vadilov family's home in the village of Valerik, Chechnya. They did not introduce themselves and started searching the house, swearing and shouting insults. Two of the armed men took Ali Vadilov by his hands and brought him to the courtyard where they put him in an UAZ car and drove away. He has not been seen since. Ali was disabled since childhood and could not move without assistance. On the same night three other residents of Valerik were abducted by the same group of armed men (see Isayeva and Others v. Russia, 6371/09, and Tovbulatova v. Russia, 26960/06).

At about 2 a.m. on 9 December 2001 a group of armed masked men in camouflage uniforms broke into the home of the Isayev family in the village of Valerik, Chechnya. One of them requested Akhamdi Isayev to give his name and hit him with a rifle butt. They tied his hands behind his back, put him into an UAZ car and went off towards the centre of the village. On the same night two other persons were abducted by the same group of armed men (see Tovbulatova v. Russia, 26960/06, and Vadilova and others v. Russia, 6382/09).