ECHR Cases from the North Caucasus

On 15 July 2002 a group of armed servicemen arrived at the applicant’s relative’s house in Sernovodsk in three UAZ, two Niva and one VAZ vehicles and took Mr Alik Tazuyev away. On 17 July 2002 the AchkhoyMartan inter-district prosecutor’s office opened criminal case no. 63049. The investigation is still pending.

The applicants are close relatives of Magomed Umarov who was allegedly abducted in 2005 by servicemen from home in Chechnya. The event took place in the area under full control of the military forces. The applicants have had no news of their missing relative thereafter. The proceedings, after having been suspended and resumed on several occasions, have been pending for several years without attaining any tangible results. Referring to Article 2 of the Convention, the applicants complain of the violation of the right to life of their relative and submit that the circumstances of his abduction and ensuing disappearance indicate that he had been abducted by State agents. The applicants further complain that no effective investigation was carried out into the incident.

Mr Timur Tsakayev was a relative of Mr Ramzan Tsakayev, an infamous Chechen fighter against the Russian federal forces in Alkhan-Yurt during the second counter-terrorism campaign in Chechnya in 1999. Fearing persecution on that account, Timur and his family moved to Ingushetia in 1999. For the same reason, to visit his relatives in Chechnya, Timur had to use a forged passport on the name of Islam Idrisovich Khalidov. In October 2001 Mr Timur Tsakayev went to Alkhan-Yurt to visit his grandmother. On 2 November 2001 at around 3 a.m. the family members were woken up by the noise of two APCs and a URAL vehicle, which arrived at their gate. A group of 40-50 armed masked servicemen in camouflage uniforms cordoned off the house and searched it. Timur showed them his forged passport. The servicemen took him and his uncle Musa to the backyard and questioned them in unaccented Russian. Meanwhile the other servicemen locked Timur’s relatives in the house. An hour later they let Musa go and put Timur in the URAL lorry. Local residents saw the servicemen and some other men with sacks over their heads in the lorry. The URAL and one of the APCs drove away shortly. The other APC left later in the morning.
For several months after Timur Tsakayev’s abduction his relatives complained to various authorities referring to him under the name of Islam Khalidov. In February 2002 the 1st applicant disclosed her son’s identity to the authorities. The applicants have not seen Mr Timur Tsakayev since his abduction on 2 November 2001.

On 9 June 2001 a group of fifteen to twenty armed camouflaged and masked servicemen arrived at the applicants’ houses and took their relatives away On 12 August 2001 the Shali district prosecutor’s office opened criminal case no. 23170. The investigation is still pending.

In 2001 Mr Askhab Soltagirayev was pardoned as a result of an act of the Government aimed at former members of illegal armed groups. In 2000 Askhab’s brother, Mr Alikhan Soltagirayev, was allegedly killed by Russian servicemen. At the material time the applicants, save for the first applicant, resided together in Gudermes. According to the documents submitted, on 12 April 2002 Russian servicemen conducted a special operation in the Gudermes area, as a result of which many men were arrested. At around 3 a.m. on that date a group of ten to fifteen masked servicemen in camouflage uniforms armed with grenades and machineguns broke into the applicants’ house. The unmasked intruders were of Slavic appearance and spoke unaccented Russian, while the masked ones spoke Chechen. Some of them searched the house, while the others grabbed Askhab and his passport, took him outside and put him in a grey UAZ “tabletka” minivan. Then the servicemen departed towards the town centre, accompanied by another grey UAZ car and a URAL lorry. Later in the morning the applicants and their relatives went to the Gudermes ROVD, where many people were waiting for the release of their relatives who had been detained on the same day under similar circumstances. At around 10 a.m. one of the arrested men, Mr Askhab from the village of Belorechye (also referred to as Ilaskhan-Yurt), was released and told the applicants that their relative had been detained at the ROVD along with other men. On the same day two ROVD officers, Mr Dzhanar Yasayev and Mr Ilyas Makayev, confirmed that Askhab Soltagirayev had been detained there until at least 2 p.m. and then taken to the premises of an FSB department. However, some time later the head of the ROVD, Mr Magomed Eldarov, informed Askhab’s uncle, Mr Said-Magomed Soltagirayev, that his nephew had not been detained on their premises. The applicants have not seen Mr Askhab Soltagirayev since his abduction on 12 April 2002.

The applicants are close relatives of Magomed Mestoyev who was allegedly abducted in 2002 by servicemen from home in Chechnya. The event took place in the area under full control of the military forces. The applicants have had no news of their missing relative thereafter. The proceedings, after having been suspended and resumed on several occasions, have been pending for several years without attaining any tangible results.Referring to Article 2 of the Convention, the applicants complain of the violation of the right to life of their relative and submit that the circumstances of his abduction and ensuing disappearance indicate that he had been abducted by State agents. The applicants further complain that no effective investigation was carried out into the incident.

On 14 March 2005 a group of armed men broke into the flat in Grozny, where Mr Dmitry Kulishov was temporarily residing, and took him away. On 11 April 2005 the Leninskiy district prosecutor’s office in Grozny opened criminal case no. 40071. The investigation is still pending.

On 10 March 2003 a group of around one hundred thirty armed servicemen arrived at the second and third applicants’ house in an APC, URAL and UAZ-452 (“таблетка”) vehicles and took the applicants’ relatives away. On 13 March 2003 the Leninskiy district prosecutors’ office in Grozny opened criminal case no. 20050. The investigation is still pending.

On 3 November 2003 a group of armed servicemen detained the applicants’ relatives at the checkpoint at crossroad between Gekhi-Chu and Shalazhi, Chechnya, and took them away in a GAZ-66 vehicle. On 20 November 2003 the Urus-Martan district prosecutor’s office opened criminal case no. 34118. The investigation is still pending.

On 23 June 2002 a group of armed servicemen detained Mr Yusup Mezhiyev at checkpoint no. 33 at the entrance to Grozny and took him away in an UAZ (“таблетка”) vehicle.  On 5 July 2002 the Grozny town prosecutor’s office opened criminal case no. 52075. The investigation is still pending.

On 18 July 2002 a group of armed servicemen arrived at the applicants’ house in four APCs and a UAZ vehicle and took Mr Askhab Konchiyev away. On 27 February 2003 the Shali district prosecutor’s office opened criminal case no. 22042. The investigation is still pending.

On 22 October 2004 a group of about fifteen armed servicemen in camouflage uniforms arrived at the applicants’ house in two Gazel minivans and took Mr Rasul Tutayev away. On 19 November 2004 the Leninskiy district prosecutor’s office of Grozny opened criminal case no. 30136. The investigation is still pending.

On 1 February 2003 a group of about ten armed servicemen arrived at the applicant’s house and took Mr Alash Mugadiyev away. On 3 March 2003 the Vedeno district prosecutor’s office opened criminal case no. 24018. The investigation is still pending.

On 28 March 2002 a group of armed servicemen detained Mr Usman Magomadov at checkpoint no. 136 at the entrance to Argun and took him away in an APC. On 30 April 2002 the Argun inter-district prosecutor’s office opened criminal case no. 78051. The investigation is still pending.

On 19 June 2003 Mr Turpal-Ali Yandayev and Mr Said-Ali Khamayev went from Tsa-Vedeno to Serzhen-Yurt, Chechnya, and did not come back. On 23 June 2003 the Shali district prosecutor’s office opened criminal case no. 22096. The investigation is still pending.

At the material time the united military alignment (the UGA) ‘West’ (‘Запад’) was stationed in Urus-Martan, in about one km from the applicants’ house. The area was under curfew; checkpoints were situated on all roads leading to and from the town. On 8 January 2003 the applicants and their sons Lom-Ali and Magomed were at home. At about 3 a.m. a group of armed servicemen in khaki-coloured camouflage uniforms arrived at the neighbourhood in several vehicles, including an APC, a URAL lorry and a UAZ minivan. Some of them were in masks. The soldiers, who spoke unaccented Russian, broke into the house, pointed their guns at the first applicant and took Lom-Ali outside. They told the second applicant that she would find her son on the following day at the Zavodskoy district department of the interior in Grozny (the Zavodskoy ROVD). Then they walked out to the street with the applicant’s son in the direction of the UGA headquarters; they dragged him over the bridge and then put in the UAZ minivan. According to the applicants’ neighbours, another group of soldiers, about twenty, was waiting for the first group in about 300 metres from the applicants’ house. The applicants have not seen their son Lom-Ali Akhilgov since his abduction on 8 January 2003.

On 20 July 2002 (in the documents submitted the date was also referred to as 15 May 2002) a group of armed servicemen arrived at the applicant’s house in an APC and an UAZ minivan and took Mr Aslambek Adburzakov away. On 25 July 2002 the Shali district prosecutor’s office opened criminal case no. 59168. The investigation is still pending.

On 6 May 2003 a group of about ten armed servicemen arrived at the applicants’ house in two APCs and two UAZ vehicles and took Mr Musa Zaurbekov away. On 16 May 2003 the Staropromyslovskiy district prosecutor’s office in Grozny opened criminal case no. 50052. The investigation is still pending.

The applicants are close relatives of  Vakhid Yakhyayev  who was allegedly abducted in 2002 by servicemen from home in Chechnya. The event took place in the area under full control of the military forces. The applicants have had no news of their missing relative thereafter. The proceedings, after having been suspended and resumed on several occasions, have been pending for several years without attaining any tangible results. Referring to Article 2 of the Convention, the applicants complain of the violation of the right to life of their relative and submit that the circumstances of his abduction and ensuing disappearance indicate that he had been abducted by State agents. The applicants further complain that no effective investigation was carried out into the incident.