ECHR Cases from the North Caucasus

Early in the morning on 9 April 2006 law-enforcement authorities and military conducted a large-scale “sweeping operation” in Sernovodsk, Chechnya. Aslan Israilov was detained but later released. Around noon that day, Aslan and Bulat Chilayev left Sernovodsk by car to go to Grozny. At a junction outside the village, their car was stopped by a group of masked armed men in camouflage uniforms. Witnesses saw how Aslan and Bulat were beaten with rifle butts and had their hands tied behind their backs before being put in a car that drove off towards Grozny. The two men have not been seen since. The investigation into their disappearance has not yielded any results.

At about 6.45 a.m. on 26 February 2001 a group of about 30 armed men in camouflage uniforms broke into the house of Khutsayev's family. The men had arrived in an armoured Ural lorry. They forced Supyan Khutsayev into the lorry and the vehicle drove away, without being stopped at the military checkpoint located on the road between Urus-Martan and Gekhi. The vehicle arrived at the Urus-Martan district military commander’s office. On 27 February 2001 Mariyat Khutsayeva and her daughter waited outside of the military commander’s office for the news about Supyan. At some point the Ural lorry pulled out from the office’s premises; its registration number was covered with mud. On 4 March 2001 Supyan Khutsayev's body with traces of violent death was found next to the Michurina state farm in the Urus-Martan district. The investigation into his killing failed to produce any results.

At the material time Tamara Magomadova and her family, including her son Khizir Gulmutov, lived in the settlement of Kurchaloy, Chechnya. At about 3 a.m. on 30 December 2002 a large group of armed men in camouflage uniforms broke into their house. They spoke unaccented Russian, arrived in an APC and a military Ural vehicle. The abductors ordered Khizir to get into the URAL vehicle and drove away to an unknown destination. On 8 January 2003 a blown-up body was found in about 1, 5 km from the northern outskirts of Kurchaloy, in 2 km from military checkpoint KPPM-95.On 9 January 2003 the applicant’s relatives identified the body as that of Khizir Gulmutov. The investigation into his killing has not been effective.

At about 11 p.m. on 9 January 2004 a group of up to eighteen masked armed men in camouflage uniforms arrived at the Dovletukayev’s house in the settlement of Avtury, Chechnya, in three APCs and two grey UAZ minivans. The men were equipped with portable military radio sets. The group checked identity documents in three other houses in the street. Then the group went to the applicant’s house and checked passports of all of the males present there. The men did not return Aslan Dovletukayev’s passport; they took Aslan from the yard into the street and forced him in one of their vehicles. After that the abductors drove away in the direction of Shali having crossed a military checkpoint on the way. At about 10.20 a.m. on 17 January 2004 Aslan Dovletukayev’s body was found by two servicemen of 34th squadron stationed in Argun, next to the Dzhalka village in the Gudermes district, Chechnya. The investigation into his killing has not been effective.

At about 2 p.m. on 20 January 2001 Islam Tazurkayev and three other men were driving in a VAZ car in Grozny when they were stopped by a group of Russian military servicemen in an APC and a white VAZ-2121 (Niva) car for an identity check. Having checked the documents, the servicemen blindfolded Islam, forced him in the APC and drove away in the direction of the military base in Khankala, the headquarters of the Russian military forces in Chechnya. On 5 March 2001 Islam Tazurkayev’s body with traces of violent death was found in a mass grave in “Zdorovye”, an abandoned holiday village in the Oktyabrskiy district of Grozny, along with bodies of about fifty other persons, including that of Nura Luluyeva (see Luluyev and Others v. Russia, no. 69480/01, § 28, ECHR 2006-XIII (extracts)).
On the night between 7 and 8 September 2003 the applicants’ neighbourhood was cordoned off by the military. At about 3 or 4 a.m. a group of armed men in military uniforms arrived at the first applicant’s house and took away Abubakar Tazurkayev in a white VAZ car. The applicants have not had any news of Abubakar ever since.

On 8 May 2001 Robert Musayev arrived in his VAZ-21213 {'Niva') car at the market in Dachu-Borzoy. He was going to visit a relative who lived in the village. Two APCs, one of them with registration number Б503, arrived at the market shortly after and a group of five or six servicemen in military uniforms grabbed Robert Musayev and forced him into one of the APCs. Robert managed to shout out to the bystanders that he had a sister living in the village and that she should be informed about the events. One of servicemen told the crowd that Robert would spend the night at the military commander's office in Chiri-Yurt and the APCs along with Robert's Niva car drove away. Robert has never been seen since. The investigation about this case has not given any results.

At about 3 p.m. on 22 June 2000 Musa Vakhidov, who worked for the Chechnya Ministry of the Interior (the MVD), was at the bus station in the Chemorechye settlement in the Zavodskoy district of Grozny. An APC with hull number 'Zavodskoy ROVD-208' pulled up at the station. A group of Russian-speaking military servicemen in camouflage uniforms and bandanas were in it. Two of them disembarked from the APC and walked up to Musa Vakhidov. Without introducing themselves they checked his passport, and informed their colleagues that Musa' papers were in order. Nonetheless, the man on the top of the APC ordered the two servicemen to detain Musa Vakhidov. Musa managed to shout to a standing nearby Ms F. that he was from the Vakhidov family in Ums-Martan. Then the two servicemen pulled a plastic bag over his head, forced him into the APC and drove away in the direction of Grozny. Musa has gone missing since.  It is unclear whether the investigation into the murder and/or the disappearance of the applicant’s son has been completed.

At about 5 p.m. on 30 April 2001 Magomed Cherkasov and Ayub Istamulov were picking mushrooms in the forest next to Verkhniy Noyber when they were detained by a group of six or seven armed servicemen in camouflage uniforms who had arrived at the forest in an APC. The servicemen subjected the two men to beatings while leading them away. The applicants have not seen their two relatives since their abduction. The investigation into disappearance has not given any results.

At about 2 or 3 p.m. on 9 July 2002 Asian Dzhamalov with his neighbours Mr U.O. and Mr A.A. went to café 'Seda' in Mayakovskogo Street in Grozny. The three men were sitting at their table when a large group of armed military servicemen in two UAZ vehicles and a VAZ car arrived at the café. The servicemen were in camouflage uniforms and masks. They pulled plastic bags over the heads of the three men, forced them in one of the UAZ vehicles and drove away.The applicants have not seen their relative since his abduction. The investigation into his disappearance has not yielded any results.

At about 3 p.m. on 4 November 2001 Khavazhi Elikhanov with two friends, Mr Sh.S. and Mr A.A., was walking down the street situated next to the crossroads of Soldatskya and 2-ya Polevaya Streets in Urus-Martan, in about fifty metres from the applicant's house. A group of about fifteen to twenty masked armed servicemen in camouflage uniforms pulled over in a URAL lorry and a VAZ-2121 {'Niva') car. They opened gunfire and ordered the residents in unaccented Russian to stay inside. Then they detained the three men, put them in the lorry and took them to the Ums-Martan district military commander's office. Khavazhi has gone missing since.  It is unclear whether the investigation into the murder and/or the disappearance of the applicant’s son has been completed.

In the moming on 3 May 2005 Usman Arzhiyev and his brother Valid Arziyev went to tend sheep in the south-eastern outskirts of Avtury. At about 7 p.m. the flock of sheep retumed home without the shepherds. The applicant and her relatives got worried and went to the pasture to look for the brothers. There they found piece of Usman's clothing and footprints of military boots. Following the prints for about four or five km the applicant's relatives found traces of tracks of an APC and a URAL lorry. Later in the evening the applicant was informed that her sons had been detained by military servicemen stationed on the premises of the state farm 'Avturinksiy". The applicant has not seen her sons since their abduction. The investigation into disappearance has not given any results.

In the moming of 25 December 2000 the federal forces were conducting a special operation in the vicinity of the market in Urus-Martan to arrest a leader of an illegal armed group Mr M. Tsagarayev. At about 11 a.m. the servicemen who had arrived at the market in an APC, a URAL lorry and a VAZ-2121 CNiva'} car of the head of the local administration Ms Sh.Ya., detained Akhmed Gazuyev who was walking to his aunt's house. The servicemen put him in the Niva car and took him to the centre of Urus-Martan. The applicant has not seen her son since his abduction. The investigation into his disappearance has not yielded any results.

On 26 January 2001 the Russian federal forces from 71 regiment of the Ministry of Defence (the MO) and 46^'^ brigade of the Ministry of the Interior (the MVD) had arrived in Komsomolskaya in armoured personnel carriers ("APC"), the battle infantry vehicles (BMP) and URAL lorries to conduct a special 'sweeping-up' operation. Khamzat Alimkhanov and his brother-in-law Sulim Khatulov were walking to the bus station when they were stopped by servicemen for identity check. Sulim and Khamzat were talking to the servicemen when the head of the village administration Mr K.B. approached them and asked what was going on. The servicemen told him that they were taking Kamzat and Sulim to the operation's headquarters in the north-eastern outskirts of the village for the check. The applicants have not seen their two relatives since their abduction.

At the material time Aldam Yesiyev worked as a driver of a GAZEL taxi minivan on the route between Grozny and Urus-Martan. At about 3 p.m. on 19 September 2002 Aldam Yesiyev was in his minivan at the taxi stand located next to a café on Sovetskaya Street in the centre of Urus-Martan. A group of armed masked men in military uniforms arrived at the stand in two khaki-coloured UAZ vehicles, one of which was a minivan (Тabletka'). They jumped out of the vehicles, grabbed Aldam Yesiyev and forced him into one of their cars. In unaccented Russian they threatened to shoot the bystanders if anyone tried to approach. After that they drove away in the direction of Grozny. Aldam had never been seen since. The investigation about this case has not given any results.

On 7 June 2003 Timerlan Soltakhanov went to Shall with his aunt Ms R.G. to visit his sister Ms T. Akh.. Next to the central market Timerlan and his two female relatives met an acquaintance, Mr Dzh. Abdurzakov. The four of them were talking when a grey UAZ minivan {'tabletka ') pulled over and a group of six or seven armed servicemen of Slavic appearance got out of the vehicle. The men, who were in camouflage uniforms and armed with automatic weapons, opened gunfire. Timerlan Soltakhanov was wounded in the leg and fell. The servicemen put him in their vehicle. According to the applicant, it was her son Timerlan Soltakhanov who had been wounded and arrested by mistake by the authorities on 7 June 2003 instead of Mr Dzh. Abdurzakov, who remained at large. Timerlan had never been seen since. It appears that the criminal proceedings are currently pending.

The applicants in this case are 13 Russian nationals who are natives or residents of the village of Aslanbek-Sheripovo, Shatoy district, the Chechen Republic. The case concerns an air and artillery strike on the applicants’ village by the Russian military on 17 February 2000, which killed 18 of the applicants’ relatives and wounded three of the applicants and several of their relatives. The applicants complain that their right and the right of their deceased and injured relatives was violated under Article 2 (right to life), both by the lethal attack and by the authorities’ failure to conduct an investigation to establish the circumstances of the use of lethal force. Relying on Article 6 § 1 (right to a fair hearing) and Article 13 (right to an effective remedy), the applicants further complain that the court proceedings in which their civil claims for compensation were rejected – in a decision eventually upheld in December 2005 – were not fair.

At about 4 p.m. on 8 October 2002 a group of 15-20 men arrived in the UAZ-459 car with registration number 31-42 ЧИ to the Saidovs' house in Novo-Tsentoroy, Chechnya. The men were armed with automatic weapons and wore masks and camouflage uniforms. Some of them spoke Russian and some spoke Chechen. They checked the identity papers of the family members and examined the amnesty certificate of Ramzan Saidov. Then they locked Tumisha Saidova and her mother in the house, brought Ramzan Saidov into the car and drove away. Tumisha Saidova has had no news of her son since that date.

On 23 February 2000 Shaaman Vagapov was driving his KAMAZ lorry with registration number C059AB from the village of Ilyinskoye to Petropavlovskaya, Chechnya. At 1p.m. he was stopped by the military servicemen at the checkpoint located approximately 1 km from Ilyinskoye. There had been between 30 and 50 servicemen at the checkpoint. They had been armed with automatic weapons. An URAL lorry and an UAZ car had been parked next to the checkpoint. The servicemen brought Shaaman Vagapov and his lorry to the military base in Khankala. Khavani Vagapova has had no news of her husband ever since. The investigation into his disappearance has not yielded any results.

The facts of the case are linked to the application Luluyev and Others v. Russia (no. 69480/01, ECHR 2006 XIII (extracts)) in that Markha Gakayeva, Raisa Gakayeva and Zavalu Tazurkayev were abducted together with Nura Said-Alviyevna Luluyeva. On 3 June 2000, armed masked men on an armoured personnel carrier detained  the three relatives of the applicants and several other people at the Northern market in Grozny. In March 2001, their bodies were discovered among those retrieved from a mass grave in Dachny village, outside Grozny. Russian prosecutors failed to conduct a meaningful investigation. No full forensic examination was conducted on the body, and physical evidence, including clothing and blindfolds, was not saved as material evidence.

In January 2000, when the hostilities began in Grozny, about 30 local residents, including the first applicant, Suleyman Surguyev, Adam Suleymanov and Mirza Elmurzayev, hid in the basement of the school no.50. On 2 February 2000 in the afternoon three infantry battle vehicles arrived at the school building and several armed servicemen wearing camouflage uniforms got out of the vehicles. They ordered everyone to leave the basement, forced the men to stand up against the wall and searched them. Then they brought Suleyman Surguyev, Adam Suleymanov and Mirza Elmurzayev to the infantry battle vehicle with identification number 318. One of the soldiers told the first applicant that the men were being brought to a military unit. Suleman, Adam and Mirsa are missing since.  The investigation failed to produce any results.