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ECHR Fines Russia for Abduction of Former Chechen Fighter

Submitted by on Thursday, 4 July 2013.    231 views No Comment
ECHR Fines Russia for Abduction of Former Chechen Fighter

The European Court of Human Rights has notified today the following judgment decision related the abduction of a former member of the Chechen National Liberation Movement in 2000.

Here is the press release:

EUROPEAN COURT OF HUMAN RIGHTS

Press Release
ECHR 202 (2013)
04.07.2013

Baysultanova and Others v. Russia (no. 7461/08)

The applicants, Tumisha Baysultanova, Zara Dzhamaldinova and Zulay Bisultanova, are Russian nationals who were born in 1935, 1960, and 1953 respectively and live in Grozny, the Chechen Republic (Russia). The case concerned the disappearance of Beslan Baysultanov, the applicants’ son and brother, respectively, in May 2000, after he had been taken away by armed men in uniforms. Relying on Article 2 (right to life), the applicants complained that their relative had been abducted by Russian servicemen and was to be presumed dead, and that there had been no effective investigation into the incident. Relying on Article 3 (prohibition of inhuman or degrading treatment), they complained of the psychological distress they had suffered as a result of their relative’s disappearance and of the authorities’ failure to carry out a proper investigation. They further complained that their relative had been unlawfully detained, in violation of Article 5 § 1 (right to liberty and security), and that they had no effective remedies in respect of their complaints under Articles 2 and 3, in breach of Article 13 (right to an effective remedy).

Violation of Article 2 (right to life – in respect of Beslan Baysultanov)
Violation of Article 2 (failure to conduct an effective investigation into the circumstances in which Beslan Baysultanov disappeared)
Violation of Article 3 (on account of the applicants’ mental distress)
Violation of Article 5 (unlawful detention – in respect of Beslan Baysultanov)
Violation of Article 13 in conjunction with Articles 2 and 3

Just satisfaction: EUR 60,000 to the applicants jointly (non-pecuniary damage) and EUR 4,000 jointly (costs and expenses).

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