ECHR Cases from the North Caucasus

Relying on Article 8 of the Convention, the applicants complain that for already seven years they cannot receive a long-term visit with their relevants, who are detained in prisons. They also complain about the conditions of the short-term visits. In particular, they complain about the impossibility of physical contact with their relatives from behind the wall installed in the rooms, the bugging of the device used to communicate with them, and the prohibition of their minor children to visit their parents.

The applicants complain under Article 8 of the Convention about the authorities’ failure to enforce the judgment of 9 February 2015 granting the first applicant a residence order in respect of the second applicant. They further complain under Article 13 of the Convention about the absence of an effective domestic remedy against the alleged violation under Article 8.

In the evening on 31/10/2011 Ms Mezhidova, having returned home from work, received several phone calls. She left her mobile telephone home and gone out to meet someone late in the evening. According to the applicant, her daughter left the house to meet a police officer Mr I.M. from the Shali district police station and gone missing since. According to the witness statements obtained by the investigation, since 2009 Ms Mezhidova had a romantic relationship with Mr I.M. which they kept secret as the officer was afraid of retaliation from her male relatives. On 06/12/2011 the profile of Ms Mezhidova on social network “Odnoklassniki” was accessed and posts were made. According to the applicant, third parties have accessed her missing daughter’s profile.

On 23 August 2011, two men, Mr Ugurchiyev and Mr Bersanov, were abducted in front of their house by a group of about ten armed men in black and camouflage uniforms and balaclavas who drove a white GAZEL-model minibus with tinted windows and a silver Lada-Priora model car. The applicants complained under Article 2  that the State agents had been responsible for the men's abduction and subsequent disappearance and that the authorities had failed to carry out an effective investigation into the matter. They additionally alleged the violation of Article 3, as their relatives' disappearance led to a mental suffering of the applicants. Under Article 5 of the Convention, they complained that their sons' unlawful detention violated that provision in its entirety and that, in violation of Article 13 of the Convention, they had no effective domestic remedies against the alleged violations of Articles 2 and 3 of the Convention.

On 29/09/2000 Mr Kazbek Machigov, was arrestedon his way to the market by three officers: Mr A.S., Mr A.G. and Mr V.S. on suspicion of alleged drug use and taken in their UAZ vehicle to the Oktyabrskiy district police station in Grozny. He has gone missing since.

On 6 January 2005, the applicant's wife, Ms Serizha Dzhalilova, was arrested at the checkpoint during her shopping trip to Azerbaijan and taken to the headquarters of the Federal Security Service in Khankala on the following day. Subsequently, the FSB office in Khankala was closed in July 2005. All the documents were destroyed, the FSB officers who arrested the applicant’s wife never subjected to identification parade. The woman has been missing since. The applicant complained under Article 2  that the State agents had been responsible for his wife's abduction and subsequent disappearance and that the authorities had failed to carry out an effective investigation into the matter. He additionally alleged the violation of Article 3, as his wife's disappearance led to a mental suffering of the applicant. Under Article 5 of the Convention, he complained that Ms' Dzhalilova's unlawful detention violated that provision in its entirety and that, in violation of Article 13 of the Convention, he had no effective domestic remedies against the alleged violations of Articles 2 and 3 of the Convention.

On 12 April 2002, four men were taken away during a “mopping-up” operation conducted in the Alleroy settlement. More than 4 officers participated in the abduction. They were in military uniform and conducted an identity check: searched the house premises and questioned local residents. The four men have been missing since.  The applicants complained under Article 2  that the State agents had been responsible for their relatives' abduction and subsequent disappearance and that the authorities had failed to carry out an effective investigation into the matter. They additionally alleged the violation of Article 3, as the men's disappearance led to a mental suffering of the applicants. Under Article 5 of the Convention, they complained that their relatives' unlawful detention violated that provision in its entirety and that, in violation of Article 13 of the Convention, they had no effective domestic remedies against the alleged violations of Articles 2 and 3 of the Convention.

Adam Patsuyev, Ibragim Idigov and Salam Kerimov are cousins. On 21/08/2003 they went to the Sunzhenskiy district hospital where Ibragim Idigov was to have a wound bandaged. At about 2 p.m. two GAZEL-model minivans arrived at the hospital. A group of about 15 to 20 armed men in camouflage uniforms and balaclavas yelled to those present to get on the ground. They kept shooting in the air and running around, looking for someone. Six of the armed men ran into the surgery unit where they beat Mr R.S. who was undergoing wound dressing unconscious and Lom-Ali SHAIPOV who was there with him, breaking Mr Shaipov’s arm. Then they forced Mr R.S. and Mr SHAIPOV into one of their vehicles. Meanwhile, Mr. Idigov tried to escape and was shot in the shoulder. Mr Patsyev and Mr Kerimov wanted to help him, but were beaten by the armed men. Then all three of them were forced into the car and drove in an uknown direction. On the way from the hospital, the abductors drove next to the local police car who had been summoned by the hospital’s security. The policemen did not take any steps to stop the abductors. The applicants complained under Article 2  that the State agents had been responsible for their relatives' abduction and subsequent disappearance and that the authorities had failed to carry out an effective investigation into the matter. They additionally alleged the violation of Article 3, as the men's disappearance led to a mental suffering of the applicants. Under Article 5 of the Convention, they complained that their relatives' unlawful detention violated that provision in its entirety and that, in violation of Article 13 of the Convention, they had no effective domestic remedies against the alleged violations of Articles 2 and 3 of the Convention.

In 2004 Mr Salikh Saidov, the applicant's son, moved from Makhachkala (Daghestan) to Moscow. In July 2005 three friends of Mr Saidov from Dagestan informed the applicant that they had been arrested with her son in Moscow. They were released, whereas Mr. Saidov was not. The applicant then found out that upon the request of investigator E.A. from the Dagestan Prosecutor’s office, on 17 July 2005 Mr Salikh had been arrested by the police in Moscow and taken for questioning to Makhachkala. According to the applicant, in Makhachkala her son was taken to the 6th Department of Ministry of the Interior (the Organised Crime Unit) for 3 days and then transferred to ORB-2 (police operational –search bureau no. 2) in Grozny, Chechnya. Since his detention on 17 July 2005 Mr Saidov has gone missing. The applicant complained under Article 2  that the State agents had been responsible for her son's abduction and subsequent disappearance and that the authorities had failed to carry out an effective investigation into the matter. She additionally alleged the violation of Article 3, as her son's disappearance led to a mental suffering of the applicant. Under Article 5 of the Convention, she complained that her son's unlawful detention violated that provision in its entirety and that, in violation of Article 13 of the Convention, she had no effective domestic remedies against the alleged violations of Articles 2 and 3 of the Convention.

Mr M. Magomadov, the applicant's spouse, went outside his home after somebody knocked on the gate. When his brother looked outside, he only saw a white Lada-Priora model car driving off. Mr. Magomadov has been missing since. The applicant complained under Article 2  that the State agents had been responsible for her husband's abduction and subsequent disappearance and that the authorities had failed to carry out an effective investigation into the matter. She additionally alleged the violation of Article 3, as the men's disappearance led to a mental suffering of the applicant. Under Article 5 of the Convention, she complained that her husband's unlawful detention violated that provision in its entirety and that, in violation of Article 13 of the Convention, she had no effective domestic remedies against the alleged violations of Articles 2 and 3 of the Convention.

On 23 December 2006 Mr Lema Zaurayev was stopped at the market in Grozny, in his VAZ-2107 car with registration numbers V075UN 95 (“В075УН 95”), and taken away by servicemen in an APC. On 9 January 2007 the Leninskiy district prosecutor’s office opened criminal case no. 10000. The investigation is currently pending.

On 29 May 2003 a group of armed servicemen arrested the first applicant in his house in Shalazhi, took him to unknown premises where he was detained and tortured for eleven days. On the same date, 29 May 2003, the same servicemen detained Mr Lechi Tasuyev on a street in Shalazhi, took him away in an UAZ vehicle and seized his car. On 2 June 2003 the Urus-Martan district prosecutor’s office opened criminal case no. 34063. The investigation is still pending.

On 14 August 2002 in the course of “sweeping-up” operation in Agishty village servicemen of the 45th regiment took Mr Idris Novrzukayev, Mr Abdul-Vab Dilayev and Mr German Abuyev away. On 21 November 2002 the Shali district prosecutor’s office opened criminal case no. 59260. The investigation is currently pending.

On 6 July 2006 a group of thirty armed servicemen in camouflage uniforms and balaclavas arrived at the applicant’s house in armoured UAZ vehicles, GAZEL minivans and the APCs. They beat Mr Sukhrap Makhаuri unconscious and then took him away. On 21 August 2006 the Sunzhenskiy district prosecutor’s office opened criminal case no. 06600061. The investigation is currently pending.

On 11 January 2002 several armed men in camouflage uniforms and balaclavas arrived at the applicant’s house in Gudermes in a green UAZ minivan (“tabletka”) and a white VAZ-2106 and took Mr Ali Timerbulatov away. On 29 January 2002 several armed servicemen in balacl vas broke into the flat of Mr Saidal-Khadzhi Magomedov and Ms Sovdat Timerbulatova and took them both away in a white UAZ minivan. On 25 January 2002 and on 1 February 2002 the Gudermes District Prosecutor’s Office opened the criminal cases no.57005 into the abduction of Mr Ali Timerbulatov, and no.57006 into the abduction of Mr Saidal-Khadzhi Magomedov and Ms Sovdat Timerbulatova.The investigation is currently pending.

On 24 June 2011 in Gudermes several armed officers from the Security Service of the Chechen President arrested Mr Khalid Dushayev and his friend Mr A. A. and took them to the Tsentaroy ROVD. On 10 January 2012 the body of Mr Khalid Dushayev was found in the Grozny morgue with traces of torture. On 19 July 2011 the Gudermes district investigations committee opened criminal case no. 53050. The investigation is currently pending.

On 5 December 2014 the five men (the sons of the four applicants) were taken by the police to the Naurskiy ROVD. According to the applicants, it was done within the campaign of reprisals for the armed attack on State bodies in Grozny on 3-4 December 2014. That campaign included burning of houses of family members of persons suspected of involvement in illegal armed groups, their arrests and detentions. It was told that the men had been released on 6 December 2014, bud they have gone missing since. The applicants complained under Article 2  that the State agents had been responsible for their sons' abduction and subsequent disappearance and that the authorities had failed to carry out an effective investigation into the matter. They additionally alleged the violation of Article 3, as the men's disappearance led to a mental suffering of the applicants. Under Article 5 of the Convention, they complained that their sons' unlawful detention violated that provision in its entirety and that, in violation of Article 13 of the Convention, they had no effective domestic remedies against the alleged violations of Articles 2 and 3 of the Convention.

On 5 December 2014 a police officer arrived at one of the applicants’ houses and took Mr B.A. and Mr K. K. to the same police station to clarify some information. At about midnight of the same day the father of Mr. A. telephoned that police officer. The officer told him that his son and Mr K. would be released soon. However, the applicants’ sons did not return home. On 5 January 2015 the applicants were taken to the ROVD where they were informed them that both men had been released from on 6 December 2014 and that their whereabouts after that date were unknown. The applicants complained under Article 2  that the State agents had been responsible for the men's abduction and subsequent disappearance and that the authorities had failed to carry out an effective investigation into the matter. They additionally alleged the violation of Article 3, as the men's disappearance led to a mental suffering of the applicants. Under Article 5 of the Convention, they complained that their sons' unlawful detention violated that provision in its entirety and that, in violation of Article 13 of the Convention, they had no effective domestic remedies against the alleged violations of Articles 2 and 3 of the Convention.

On 6 June 2007 about seven-eight armed servicemen in camouflage uniforms in GAZEL minivan with registration number A783AP 95 and VAZ-2110 broke to the applicant’s house and took away Mr Arsen Izhayev to an unknown location. The applicant’s neighbour Mr A. Dzh. was also taken away but released next day. On 18 June 2007 the Leninskiy district prosecutor’s office opened criminal case no. 10067. The investigation is currently pending.

On 25 April 2007 Mr Ramaz Dibirov disappeared in Makhachkala on the way home from a cafe. On 14 May 2007 the Leninskiy district prosecutor’s office in Makhachkala opened criminal case no. 701605. The investigation is currently pending.