ECHR Cases from the North Caucasus

At about 12.30 p.m. on 20 July 2005 a group of four policemen of the Nadterechny ROVD arrived at the sheepfold and ordered Aslanbek Vitrigov  to follow them to the ROVD. On 21 July 2005 a group of policemen of the Nadterechny ROVD arrived at the sheepfold in Komarovo, where were Anzor Agamerzayev. Six to seven persons grabbed and beat him up in front of his relatives. They twisted his arms behind his back, tied them with his belt and threw him into their car, where they continued beating him up on the way to the Nadterechny ROVD. On 30 July 2005 Adam Tuntuyev was instructed by his superior to follow police officers to the Nadterechny ROVD “for an identification parade”. Upon arrival the applicant was filmed and photographed. At about 11 p.m. on 30 July 2005 he was placed in the ROVD detention ward. Within the premises of the  ROVD Aslanbek Vitrigov, Anzor Agamerzayev and Adam Tuntuyev were severely tortured into confessing to crimes.

Murat Ismailovich Shavayev, is a Russian national, who was born in 1975 and is detained in Kharp. The applicant complains under Article 3 of the Convention that he was subjected to ill-treatment and that the authorities failed to carry out an effective investigation into his allegations. He further complains under Article 13 of the Convention that he had no effective remedies in respect of his grievances under Article 3.

The applicant, Mr Aslan Aliyev, is a Russian national, who was born in 1981 and is currently serving a prison sentence in correctional colony IK‑2 in the Kurgan Region. The applicant complains under Article 3 of the Convention that he was subjected to ill-treatment and that the authorities failed to carry out an effective investigation into his allegations. He further complains under Article 13 of the Convention that he had no effective remedies in respect of his grievances under Article 3.

The applicants, Mr Ismail Mutayev and Mr Ismail Tatayev, are Russian nationals. The first applicant was born in 1981 and the second applicant – in 1975. The applicants are currently serving their terms of imprisonment in colony IK-2 in the Tomsk Region and in a colony in the Volgograd Region, respectively. The applicants complain under Article 3 of the Convention that they were subjected to torture and that the domestic authorities failed to carry out an effective investigation of their allegations.

On 31 October 2004 Imran Uspanov was apprehended in his house in the village of Assinovskaya by a group of servicemen (“kadyrovtsy”), who took him to the Sunzhenskiy District Department of the Interior (ROVD) and tortured there. In the following months, Imran was detained at the Achkhoy-Martanovskiy ROVD and subjected to repeated torture and ill-treatment. Imran Uspanov complained in writing to the prosecutor’s office of the Chechen Republic about his ill-treatment by officers of ROVD. The Prosecutor's office refused to open a criminal inquiry into the ill-treatment despite the existence of medical reports and witness statements in support of his complaints. In 2005, Imran was convicted to over 18 years imprisonment on the basis of the confessions obtained through torture.

On 29 April 2011 law enforcement officers carried out a special operation in Progress village in the Stavropol Region. According to the authorities, Mr K.T. was in Progress village with nine other armed individuals and offered armed resistance to the officers. As a result of the operation, Mr K.T. and the nine other individuals were killed. As stated by the expert examination, the applicant’s son’s death was caused by an explosion. On the same date the authorities opened criminal case no. 2917 on account of traffic and storage of weapons. It follows from the case file that on 6 June 2012 criminal case no. 2917 was merged with case no. 70/20-10. On 17 April 2012 the applicant complained to the court of the refusal to return the body of his son. After several judicial refusals in 2012, on 27 February 2013 the Nalchik City Court granted the applicant’s complaint and found the continued withholding of the body unlawful.

The applicants complained about the lack of any effective remedy in domestic law - in respect of allocation to a remote colony.

Under Articles 8 and 13 of the Convention Ms Kuchmenova, Ms Akhmetova, Ms Shavayeva, Mr Aslan Kuchmenov, Mr Bapinayev and Mr Mironov (no. 20559/19) complain that the respective transfers of Mr Aslan Kuchmenov, Mr Murat Bapinayev and Mr Eduard Mironov to remote penitentiary facilities amount to breach of family ties between the detainees and their family members.

Murat Sarabiyevich KASHIRGOV complains that he had been ill-treated by State agents during the criminal proceedings against him and that the domestic authorities failed to carry out an effective investigation in this respect, and that he did not have effective remedy in respect of their grievances.  The applicant deceased on 19 June 2016. The applicant’s wife maintained the application.

The applicant complains that he had been ill-treated by State agents during the criminal proceedings against him and that the domestic authorities failed to carry out an effective investigation in this respect, and that he did not have effective remedy in respect of his grievances.

On 21 October 2005, police in Nalchik detained Batyr Pshibiyev on suspicion of participation in the attacks on law enforcement agencies and other official buildings in the city eight days earlier. In subsequent days, law enforcement officers at the organized crime department (UBOP) and pretrial detention center in Nalchik repeatedly beat and otherwise ill-treated him.

The applicant complains that he had been ill-treated by State agents during the criminal proceedings against him and that the domestic authorities failed to carry out an effective investigation in this respect, and that he did not have effective remedy in respect of his grievances.

On 13 October 2005 Daniil Khamukov arrested on suspicion of involvement in the raid and taken to the Anti-Terrorism Centre of the General Department of the Ministry of the Interior in the Southern Federal Circuit. He had been kicked, and hit on the head several times with a rifle butt. In the morning of 14 October 2005, after having been subjected to further torture aimed at obtaining a confession, Daniil was taken to hospital, where he received first aid. On the same day he was taken to a temporary detention centre. On 16 October 2005 to 7 November 2005 Daniil underwent in-patient hospital treatment for his injuries. His hospital diagnosis was “right elbow multifragmental gunshot fracture, closed head injury, brain contusion, general weakness, dizziness, nausea, acute pain in the right arm”. Subsequently he was held in a remand prison, where the beatings continued on a regular basis. Daniil Khamukov complained that he had been ill-treated by State agents during the criminal proceedings against him and that the domestic authorities had failed to carry out an effective investigation.

Amur Abubovich KHAKULOV complains that he had been ill-treated by State agents during the criminal proceedings against him and that the domestic authorities failed to carry out an effective investigation in this respect, and that he did not have effective remedy in respect of his grievances. The applicant deceased on 7 October 2016. The applicant’s wife maintained the application.

Khasanbi Kadirovich KHUPSIRGENOV complains that he had been ill-treated by State agents during the criminal proceedings against him and that the domestic authorities failed to carry out an effective investigation in this respect, and that he did not have effective remedy in respect of his grievances.

Ruslan Bashirovich KUCHMENOV complains that he had been ill-treated by State agents during the criminal proceedings against him and that the domestic authorities failed to carry out an effective investigation in this respect, and that he did not have effective remedy in respect of their grievances.

Aslan Bashirovich KUCHMENOV complains that he had been ill-treated by State agents during the criminal proceedings against him and that the domestic authorities failed to carry out an effective investigation in this respect, and that he did not have effective remedy in respect of his grievances.

Zaur Amurbiyevich SOKMYSHEV complains that he had been ill-treated by State agents during the criminal proceedings against him and that the domestic authorities failed to carry out an effective investigation in this respect, and that he did not have effective remedy in respect of his grievances.

Murat Khanaliyevich BAPINAYEV complains that he had been ill-treated by State agents during the criminal proceedings against him and that the domestic authorities failed to carry out an effective investigation in this respect, and that he did not have effective remedy in respect of their grievances.

On 27 March 2006 the applicant was arrested in the streets of Sukhumi, the capital of Abkhazia, by the policemen of the Adlersky District Department of the Interior of the town of Sochi of the Krasnodar Region. It appears that there was a suspicion of the applicant’s involvement in a terrorist attack in the town of Nalchik on 13 October 2005. During the night on 28 March 2006 these policemen escorted the applicant to the building of the Regional Department in charge of fighting the organised crime in the town of Nalchik. The applicant complained that he had been ill-treated by the authorities during of the criminal proceedings against him.