ECHR Cases from the North Caucasus

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 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.

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 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 1 October 2009 about twenty armed servicemen forced their way into the applicant’s house in A.Sheripova village and took Mr Suleyman Ilyasov away. On 9 November 2009 the Grozny inter-district investigation department of the Chechnya Investigations Committee opened criminal case no. 81010. The investigation is still pending.

At the material time, Mr Bisultanov was a resident of Grozny. However, on account of the ongoing military operation in the Chechen Republic, he and his family moved to the neighbouring Stavropol Region, where they settled temporarily in the village of Nadezhda, in the Shpakovskiy district, situated about eleven kilometres from the city of Stavropol. At about 7.30 a.m. on 21 May 2004 (the date was also referred to as 22 May 2004 in the documents submitted), Mr Bisultanov, his wife Ms P.S. and their daughter, the second applicant, were at home when a group of about twenty armed military servicemen in camouflage uniforms arrived at their house at 15 Ponizovskaya Street (also spelled as Ponizovskogo and Ponazovskaya Street in the case file) in Nadezhda. The servicemen were in a PAZ bus and a Niva car without registration numbers. They were wearing balaclavas and military helmets. Having broken into the house, they conducted an unauthorised search of the premises and then forced Mr Bisultanov outside. Meanwhile, Ms P.S. asked one of the servicemen where her husband was being taken. The servicemen replied that, she would be able to find her husband at the Shpakovskiy district department of the interior (Отдел внутренних дел Шпаковского района Ставропольского края) as soon as certain questions had been clarified. Thereafter, the servicemen put Mr Bisultanov into the PAZ bus and drove off to an unidentified destination. The whereabouts of Mr Bisultanov have remained unknown since then.

At about 10 p.m. on 5 August 2008 a group of armed servicemen in civilian clothes arrived at the applicants’ house at 1 Tsvetochnaya Street in Mesker-Yurt, Chechnya in three vehicles: a white VAZ 2107 car with the registration numbers containing the digits 327 07 RUS; a VAZ 2112; and an UAZ jeep (the Hunter model) without registration numbers. The servicemen entered the courtyard of the applicants’ house, apprehended Mr Gadayev (a former member of illegal armed groups), forced him into the VAZ 2107 car and drove off in the direction of the Shali-Argun motorway. The first applicant saw the servicemen taking his son away and tried to intervene; however, one of the perpetrators threatened him with firearms and fired several warning shots into the ground. According to the applicants, shortly after the abduction the white VAZ 2107 car was seen parked on the premises of the Argun department of the interior (Аргунский отдел внутренних дел) (hereinafter “the OVD”). The car allegedly belonged to Mr Su.I., who was also abducted on 5 August 2008 by a group of armed servicemen in camouflage uniforms. According to the applicants’ version of the event, the servicemen seized Mr Su.I.’s VAZ 2107 car, changed its registration plate and drove to Mesker-Yurt, where they carried out the abduction of Mr Gadayev. The whereabouts of Mr Gadayev have remained unknown ever since.

In 2001, as a part of the military counter-terrorist operation, the Russian military forces opened shelling of the village of Gezenchu, as a result of which the applicant’s wife, Malika Vanayeva died. The applicant’s brother, Shamkhan Banzhayev, at the time was the head of the village administration. He lodged an official complaint about the incidence, where he argued that, since the village consisted of only seven families, the federal forces could readily have ascertained that, due to its size, the village would have been unable to harbour illegal armed groups without the authorities’ knowledge. He added, that the day prior to the shelling, he and a number of other representatives of the local community had gone to the military base in Engenoy and spoken with them in an effort to prevent any bombing. The military officers had promised to keep in mind their request. No criminal case on matter was opened. On 15 November 2002 Mr Shamkhan Banzhayev was abducted, allegedly by military servicemen who wanted to stop him from pushing the authorities to investigate the shelling. After his abduction the applicant’s brother had remained missing. The applicant complains under Article 2 of the Convention that his wife’s and his brother’s right to life was violated and that the authorities failed to effectively investigate the incidents.

On 29 December 2001 the applicant’s son was drafted for military service. From 10 July 2002 he served in military unit no. 44822, based in the village of Borzoy, the Chechen Republic.  On 8 August 2002 the military unit informed the competent military prosecutor’s office that the applicant’s son had been found dead on its premises.

On 25 August 2009 Mr Magomed Kabilov disappeared after having got into a grey VAZ-2110 car. On 14 September 2009 the Zavodskoy district investigative committee opened criminal case no. 67057 under Article 105 of the Criminal Code (murder). The investigation is currently pending.

On 2 June 2000 Mr Akhyad Gerimov was stopped on the way to his work at a military checkpoint in the Zavodskoy district of Grozny. The servicemen put him in an APC and took him away to an unknown destination. On an unspecified date in August 2000 the Grozny prosecutor’s office opened criminal case no. 12073. The investigation is still pending.

On 12 September 2000 (in the documents submitted the date was also referred to as 15 September 2000) a group of about twenty armed servicemen arrived at the applicants’ house in two APCs and a VAZ vehicle and took Mr Lema Chapanov and Mr Aslan Chapanov away. On 15 February 2001 the Urus-Martan district prosecutor’s office opened criminal case no. 25025. The investigation is still pending.

On 23 May 2001 a group of armed servicemen arrested Mr Uvays Shaipov at the checkpoint next to the Kirov-Yurt settlement in the Chechen Republic and took him away in an APC. On 18 July 2001 the Vedeno district prosecutor’s office opened criminal case no. 73059. The investigation is still pending.
On 31 March 2002 a group of armed servicemen arrived at the applicants’ block of flats in a URAL and UAZ-452 vehicles and took Mr Alvi Dzhankhotov away. On 31 July 2002 the Shali district prosecutors’ office opened criminal case no. 59174. The investigation is still pending.