Waynakh Online

Top Menu

  • Archive Documents
  • Bookshelf
  • Chechen Culture
  • ECHR Cases
  • Gallery
  • Lyrics
  • Mp3
  • Poems
  • Videos

Main Menu

  • Home
  • Chechens
    • Who are the Chechens?
    • Tribal Unions and Clans
    • Religion
    • Famous Chechens
      • Chechen Academicians
      • Chechen Commanders
      • Chechen Litterateures
      • Chechen Musicians
      • Chechen Painters
      • Chechen Politicians
      • Chechen Presidents
      • Chechen Sports Men/Women
      • Names from Chechen History
  • Chechnya
    • Administrative Divisions
    • Maps
    • Geography
    • Constitution
    • Flag, Emblem and Anthem
    • Parliament
    • Presidents
    • Demographics
    • Economy
    • Human Rights Violations
    • Refugees
    • History
  • Chechen Language
    • Chechen Alphabet
    • Fairy Tales in Chechen Language (Mp3)
  • News
  • Articles
  • Interviews
  • Contact
  • Archive Documents
  • Bookshelf
  • Chechen Culture
  • ECHR Cases
  • Gallery
  • Lyrics
  • Mp3
  • Poems
  • Videos

logo

Waynakh Online

  • Home
  • Chechens
    • Who are the Chechens?
    • Tribal Unions and Clans
    • Religion
    • Famous Chechens
      • Chechen Academicians
      • Chechen Commanders
      • Chechen Litterateures
      • Chechen Musicians
      • Chechen Painters
      • Chechen Politicians
      • Chechen Presidents
      • Chechen Sports Men/Women
      • Names from Chechen History
  • Chechnya
    • Administrative Divisions
    • Maps
    • Geography
    • Constitution
    • Flag, Emblem and Anthem
    • Parliament
    • Presidents
    • Demographics
    • Economy
    • Human Rights Violations
    • Refugees
    • History
  • Chechen Language
    • Chechen Alphabet
    • Fairy Tales in Chechen Language (Mp3)
  • News
  • Articles
  • Interviews
  • Contact
News
Home›News›ECHR Fines Russia Over Abduction of Two Chechen Civilians

ECHR Fines Russia Over Abduction of Two Chechen Civilians

By admin
February 18, 2011
1385
0
Share:

On February 17th, the European Court of Human Rights notified in writing a judgement related with two abduction cases from Russian occupied Chechen Republic of Ichkeria. The ECHR pointed out that the abductions of two Chechen civiliam men in 2002 in Chechnya hasn’t been investigated by Russia.

Here is the press relase of ECHR:

.

EUROPEAN COURT OF HUMAN RIGHTS

Press Release
no. 145
17.02.11

Abduction and presumed death of two men in Chechnya

In today’s Chamber judgment in the case Khakiyeva, Temergeriyeva and Others v. Russia (application nos. 45081/06 and 7820/07), which is not final, the European Court of Human Rights held, unanimously, that there had been:

Violation of Articles 2 (right to life), 3 (prohibition of inhuman or degrading treatment), 5 (right to liberty and security), and 13 (right to an effective remedy) of the European Convention on Human Rights.

The case concerned the abduction and disappearance of two men from their homes in Chechnya and the authorities’ failure to conduct an effective investigation into that.

Principal facts

The 14 applicants in this case belong to two families and all live/lived in the Chechen Republic (Russia). Their two male relatives, Lema Khakiyev, born in 1960, and Musa Temergeriyev, born in 1952, were detained in 2002 in two separate incidents in the Oktyabrskiy District of Grozny, Chechnya, and subsequently disappeared.

According to the applicants, who live in the same street, their relatives were abducted from their homes by armed masked men who wore camouflage uniforms and spoke unaccented Russian. Lema Khakiev was told that, if he did not follow the intruders, his two-year old son would be killed, and Musa Temergeriyev was caught by the soldiers after returning home from the train station. The two men were both put on an armoured vehicle and driven away. Lema’s relatives learned from neighbours that their son had been taken in the direction of Oktyabrskiy district military commander’s office, and Musa’s relatives – who followed the armoured vehicle – saw it enter a military unit in the east end of Grozny. The applicants brought the fact of the abductions to the knowledge of the authorities immediately and criminal investigations were opened several days later into both cases. The investigations were suspended and resumed numerous times over a number of years for failure to identify the perpetrators. Despite specific requests by the Court, the Russian Government did not disclose the entire contents of the criminal investigation files; however, they submitted information about the investigative step undertaken in search for the two abducted men.

Complaints, procedure and composition of the Court

The applicants alleged that their relatives were abducted in 2002 and were then detained and killed by State agents carrying out a special operation in their village. They further complained that the domestic authorities had failed to carry out an effective investigation into their allegations which, added to the fact of their relatives’ disappearance, had caused them mental suffering. They relied in particular on Articles 2 (right to life), 3 (prohibition of inhuman or degrading treatment), 5 (right to liberty and security) and 13 (right to an effective remedy).

The applications were lodged with the European Court of Human Rights on 10 November 2006 and 30 January 2007 respectively. Given the applications’ similar factual and legal background, the Court joined them and examined them together.

Judgment was given by a Chamber of seven, composed as follows:

Christos Rozakis (Greece), President,
Nina Vajić (Croatia),
Anatoly Kovler (Russia),
Dean Spielmann (Luxembourg),
Sverre Erik Jebens (Norway),
Giorgio Malinverni (Switzerland),
George Nicolaou (Cyprus), Judges,
and also Søren Nielsen, Section Registrar.

Decision of the Court

Article 2
The Court considered that the applicants in both cases had presented a coherent, convincing and consistent account of their relatives’ abduction, which had been supported by witness statements. While the Government had contested it, it had not provided any feasible explanation about it. In addition, there had been a striking similiarity between both cases which had occurred in the same street albeit with a four-month difference in time. The fact that a group of armed men in uniforms, driving in a convoy of military vehicles on both occasions, had droven around undisturbed, and had arrested the applicants’ relatives in a manner similar to that of State agents, had strongly supported the applicants’ allegations that those had been State military servicemen conducting special security operations during the time when their relatives were abducted. Given that there had been no news of the two men since their abduction, no record of any detention and no explanation from the Russian Government concerning what had happened to him after they arrest, the Court concluded that they had to be presumed dead following unacknowledged detention by State agent, in violation of Article 2.

The Court also found that there had been a further violation of Article 2 in both cases on account of the authorities’ failure to carry out effective criminal investigations into the circumstances of the two men’s disappearance.

Article 3
The Court noted that the applicants were close relatives of people who had disappeared or had been killed by State servicemen. The replies they had received to their incessant inquities about the fate of their loved ones had mostly denied State responsibility or simply informed then that the investigation was ongoing. Consequently, in view of the authorities’ attitude displayed in these cases, there had been a violation of Article 3.

Article 5
The Court found that both men had been held in unacknowledged detention without any of the safeguards contained in Article 5, in a particularly serious violation of Article 5 in both cases.

Article 13
The Court held that there had been a violation of Article 13 in conjunction with Article 2 in both cases, because the criminal investigations had been ineffective and the effectiveness of any other remedy that might have existed had consequently been undermined.

Article 41
Under Article 41 (just satisfaction) of the Convention, the Court held that Russia was to pay the applicants sums ranging between 2,800 and 60,000 euros (EUR), individually or jointly, in respect of pecuniary and non-pecuniary damage, and EUR 7,500 jointly for costs and expenses.

TagsECHRLema KhakiyevMusa Temergeriyev
Previous Article

Chechen Families Await Extradition in France

Next Article

Khakiyeva, Temergeriyeva and Others v. Russia

Share:

Related articles More from author

  • ECHR Cases

    Khambulatova v. Russia

    March 4, 2011
    By admin
  • ECHR Cases

    Mutsayeva v. Russia

    July 23, 2009
    By admin
  • ECHR Cases

    Gerasiyev and Others v. Russia

    June 8, 2011
    By admin
  • ECHR Cases

    Batayev and Others – Tovsultanova v. Russia

    June 17, 2010
    By admin
  • ECHR Cases

    Vitayeva and Others v. Russia

    June 8, 2011
    By admin
  • ECHR Cases

    Sadykov v. Russia

    October 23, 2010
    By admin

Leave a reply

  • News

    Chechen Asylum Seekers Detained in Belarus

  • News

    A Lawyer’s Appeal to Slovakian Authorities

  • ECHR Cases

    Albekov and Others v. Russia

Our Website in Other Languages

                        

Latest Comments

  • Akiva Weinberger
    on
    July 7, 2024
    Can you provide an English translation please?

    Ghalghay kegiy nax – Loam

  • irsana
    on
    June 24, 2024
    @KAY Chechens don't exactly have tribes, only clans. Most clans nowadays belong to Tukkhums ('Tribal' Unions), ...

    Tribal Unions and Clans

  • Galnish
    on
    February 26, 2024
    No, we haven't always been muslims. The majority of our ancestors were pagans. The literature even ...

    Religion

  • Jorden
    on
    February 10, 2024
    Wow your from Bosnia and you support the real Chechens may Allah bless you I am ...

    Gakayev, The Enemy Kadyrov Needs

  • Vladan
    on
    January 6, 2024
    Do you know what is excettly size of Ickheria in constitution when they peoclaimed independence? ...

    Geography

Find us on Facebook

Categories

Archives

Search

https://youtu.be/LRtf8UENmp8
https://youtu.be/0yiOJCJWZjU
https://youtu.be/o5oU3dXxgSU
https://youtu.be/iDCpqn62bVQ
https://youtu.be/eBaatZVQpQw
https://youtu.be/Ukk7OkjTlOk
https://youtu.be/rBzKuDNnidM
https://youtu.be/4OON0mwLMfM
https://youtu.be/A7YLIm2YC-Y
https://youtu.be/oiymVOUdIxk

Our Partners

Chechenpress
Khaaman
Ichkeria Culture Center in Austria
Qaanuoyn Dosh
World Chechnya Day
Justice for Medet Önlü

Honorary Consulate of the ChRI in Turkey

We are at Instagram

Waynakh Online

Independent Chechen website that publishes news, articles, interviews, historical documents, literary works, photographs, music and videos.


                        

Last Publications

  • May 24, 2024

    The Naked King

  • March 16, 2020

    Prime Minister Zakayev’s Book Presented in London

  • February 3, 2020

    European Parliament Hosts a Conference Dedicated to Chechnya

  • October 19, 2019

    Akhmed Zakayev’s Book Presented in the House of Commons

  • August 11, 2019

    Subjugate or Exterminate!

Most commented

  • Articles

    Gakayev, The Enemy Kadyrov Needs

    By admin
    August 31, 2012
    11
  • Gallery

    Gallery of Abed Arslan

    By admin
    September 14, 2009
    10
  • Articles

    Sex Slavery and Death Await Women Seized by Kadyrov’s Bandits

    By admin
    August 16, 2011
    8
  • Famous Chechens

    Shamil Salmanovich Basayev

    By admin
    May 18, 2008
    6
  • Home
  • Contact
2000-2022 © Waynakh Online | Powered by Chechen Media