ECHR Fines Russia about 450 Thousand Euro!
The European Court of Human Rights (ECHR) has fined Russia about 450 Thousand Euro over abduction of 6 Chechen men between 2001 and 2002; as well as abducting, torturing and murdering of an Ingush man in 2009.
Here is the press release:
EUROPEAN COURT OF HUMAN RIGHTS
ECHR 008 (2015)
The European Court of Human Rights has today notified in writing the following two judgments related with Chechnya.
Albakova v. Russia (no. 69842/10)
The applicant, Petimat Albakova, is a Russian national who was born in 1956 and lives in Ordzhonikidzevskoye, Ingushetiya Republic (Russia). The case concerned the alleged abduction, torture and killing of Ms Albakova’s son, Batyr Albakov, in the Ingushetiya Republic.
On 10 July 2009 Ms Albakova’s son was allegedly taken from the family home by a group of armed men, speaking Russian, Chechen and Ingush following a passport check of all the family members present. Eleven days later Ms Albakova discovered on the internet that her son had been shot dead by Russian servicemen during a counter-terrorist operation in a forest close to Arshty, a village in the Ingushetiya Republic. Her son’s body was subsequently returned to her with multiple injuries, including gunshot and stab wounds, fractured bones, burns, bruises and a partially severed arm. An initial inquiry was conducted and then, in August 2009, an official criminal investigation was officially opened, which eventually concluded in May 2012 that Batyr Albakov, a member of an illegal armed
group, had died in an exchange of gunfire with a Russian military unit.
Relying in particular on Article 2 (right to life), Ms Albakova alleged that her son had been killed by Russian servicemen and that the authorities’ investigation into her allegations had been inadequate.
Violation of Article 2 (right to life)
Violation of Article 2 (investigation)
Just satisfaction: EUR 60,000 (non-pecuniary damage) and EUR 3,300 (costs and expenses)
Malika Yusupova and Others v. Russia (nos. 14705/09, 4386/10, 67305/10, 68860/10, and 70695/10)
The applicants are 14 Russian nationals from five families, who at the time of the events lived in various districts of the Chechen Republic (Russia). The case concerned the disappearance of six men – close relatives of the applicants – who were born between 1959 and 1977, allegedly after having been unlawfully detained by Russian military servicemen during special operations in Chechnya.
In each case, the applicants’ relatives were abducted by groups of armed men, most of them wearing camouflage uniforms, in areas under the full control of the Russian federal forces. The applicants have had no news of their missing relatives since the alleged arrests. They complained of the abductions to law-enforcement bodies, and official investigations were opened. Subsequently the proceedings were repeatedly suspended and resumed, and have remained pending for several years without having established who was responsible for the abductions. The Russian Government, in their submissions to the Court, have not challenged the accounts of the events as presented by the applicants, but they have stated that there is no evidence to prove that Russian State officials were involved in the incidents.
Relying on Article 2 (right to life), the applicants complained that their relatives had disappeared after having been detained by State officials and that the Russian authorities had failed to carry out effective investigations into the matter. They further complained of violations of Article 3 (prohibition of inhuman or degrading treatment) and Article 5 (right to liberty and security) on account of the mental suffering caused to them by the disappearance of their relatives and the unlawfulness of their relatives’ detention. They also submitted that, in breach of Article 13 (right to an effective remedy), they had had no legal remedies available at national level in respect of those complaints.
Violation of Article 2 (right to life) – in respect of the applicants’ relatives
Violation of Article 2 (investigation)
Violation of Article 3 – in respect of the applicants
Violation of Article 5 – in respect of the applicants’ relatives
Violation of Article 13 in conjunction with Articles 2 and 3
– application no. 14705/09: EUR 10,000 (pecuniary damage) to Malika Yusupova, EUR 60,000 (nonpecuniary damage) to the applicants jointly, and EUR 3,000 jointly (costs and expenses);
– application no. 4386/10: EUR 60,000 (non-pecuniary damage) to the applicants jointly and EUR 3,000 jointly (costs and expenses);
– application no. 67305/10: EUR 120,000 to the applicant (non-pecuniary damage);
– application no. 68860/10: EUR 60,000 (non-pecuniary damage) to the applicants jointly and EUR 1,000 jointly (costs and expenses);
– application no. 70695/10: EUR 60,000 (non-pecuniary damage) to the applicants jointly and EUR 3,000 jointly (costs and expenses).