The ECHR cases of Iriskhanova and Iriskhanov v. Russia (no. 35869\/05) and Aliyeva v. Russia (no. 1901\/05).<\/p>\n
\u2026<\/span><\/p>\n .<\/span><\/p>\n \u2026<\/span><\/p>\n EUROPEAN COURT OF HUMAN RIGHTS<\/strong><\/span><\/p>\n 135<\/strong><\/span><\/p>\n 18.02.2010<\/strong><\/span><\/p>\n Press release issued by the Registrar<\/strong><\/span><\/p>\n Two Chamber judgments against Russia concerning disappearances in Chechnya<\/strong><\/span><\/p>\n The European Court of Human Rights has today notified in writing two Chamber judgments concerning Russia, neither of which is final. The applicants alleged that their relatives, elder son in the first case and husband in the second case, disappeared after being abducted by Russian servicemen and that the domestic authorities failed to carry out an effective investigation into their allegations. They relied in particular on Articles\u00a02 (right to life), 3 (prohibition of inhuman or degrading treatment), 5 (right to liberty and security) and\u00a013 (right to an effective remedy) of the European Convention on Human Rights. <\/span><\/p>\n 1.\u00a0Iriskhanova and Iriskhanov v. Russia (no. 35869\/05)<\/strong><\/span> <\/a><\/span><\/p>\n The applicants are two Russian nationals who live in Samashki, Chechnya. They are the parents of Mr Zurab Iriskhanov, who was born in 1980 and has not been seen since the evening of 19 June 2002 when he was abducted from his home, together with his younger brother, Gilani Iriskhanov, by a group of men with machine guns. The men did not produce any documents to identify themselves; they beat and handcuffed both brothers, put sacks over their heads and took them away in two different vehicles.<\/span><\/p>\n The abduction was witnessed by a number of the applicants\u2019 relatives and neighbours who provided accounts which were submitted to the Court by the applicants. According to the applicants, the district prosecutor of the Achkhoy-Martan told them on 21 June 2002 that their two sons had been taken by helicopter to the military base in Khankala. Once there, they were told that the young men were transferred to ORB-2 (operational search bureau of the Ministry of the Interior in Grozny). The applicants found a note in their yard indicating the whereabouts of their younger son, whom they collected form ORB-2 on 27 June 2002.<\/span><\/p>\n Since 19 June 2002, the applicants have repeatedly applied in person and in writing to various public bodies requesting assistance in finding their son, Zurab. On 24 June 2002 an investigation was opened into the events. The Government submitted that a number of investigative measures were undertaken including a crime scene inspection and questioning of many neighbours and relatives of the applicants. According to the Government, the investigation had found no evidence to support the involvement of the federal forces in the crime. The investigation was suspended and resumed on several occasions; it has so far failed to establish Zurab\u2019s whereabouts or the identity of the perpetrators of his kidnapping.<\/span><\/p>\n Despite specific requests by the Court the Government did not disclose the entire contents of criminal case opened into Zurab\u2019s disappearance. They stated that the investigation was in progress and that disclosure of other documents would be in violation of the Russian Code of Criminal Procedure, since the file contained information and personal data concerning witnesses or other participants in criminal proceedings.<\/span><\/p>\n Violation of Article 2 (right to life) in respect of Zurab Iriskhanov<\/span><\/p>\n Violation of Article 2 (right to life) for failure to conduct an effective investigation into the circumstances of Zurab\u2019s disappearance<\/span><\/p>\n Violation of Article 3 (inhuman and degrading treatment) on account of the applicants\u2019 mental suffering caused by Zurab\u2019s disappearance<\/span><\/p>\n Violation of Article 5 (unacknowledged detention) in respect of Zurab Iriskhanov<\/span><\/p>\n Violation of Article 13 (lack of an effective remedy) in conjunction with Article 2<\/span><\/p>\n The Court awarded the applicants jointly 60,000 euros (EUR) in respect of non-pecuniary damage, and EUR\u00a05,500 for costs and expenses.<\/span><\/p>\n 2.\u00a0Aliyeva v. Russia (no. 1901\/05)<\/strong><\/span><\/span><\/p>\n The applicant is a Russian national who was born in 1967 and lives in Grozny in Chechnya. She was the wife of Mr Abu Aliyev, who was born in 1962 and was disabled one of his leg having been amputated.<\/span><\/p>\n At about 2.00 a.m. on 29 October 2002 several armoured personnel vehicles arrived at the applicant\u2019s apartment where she lived with her husband and five children. Around thirty armed men wearing camouflage uniforms and masks got out of the vehicles, broke down the door of the Aliyevs\u2019 flat and entered. The men did not identify themselves. They bound the applicant with adhesive tape and threw her on the kitchen floor; then they dragged Abu Aliyev out in his underwear and left with him.<\/span><\/p>\n An investigation into the kidnapping of the applicant\u2019s husband was opened on 11 November 2002 and the applicant was granted victim status in December 2002. Some witnesses were questioned and requests for information were sent to departments of the Interior and prosecutors of different levels in Chechnya and Dagestan. The Government submitted that as a result of those measures it was established that Mr Abu Aliyev had not been detained by State authorities and had not been placed in either remand or administrative detention facilities. He was not found in hospitals, nor was his body to be found in any morgue either. No special operations were being conducted by the federal forces in Grozny on the date in question. The investigation did not establish that servicemen were involved in the crime. Operational search measures were being taken in the criminal case. The Government provided documents related to the investigation on ten pages, however, they did not enclosed transcripts of questioning or other documents concerning the investigative measures allegedly taken.<\/span><\/p>\n In December 2003 the applicant complained before the district court of the ineffective investigation. Her complained was dismissed the courts having found that the investigators had taken all requisite measures to resolve the crime.<\/span><\/p>\n Violations of Article 2 (right to life) in respect of Abu Aliyev<\/span><\/p>\n Violations of Article 2 (right to life) for failure to conduct an effective investigation into the circumstances of Abu\u2019s disappearance<\/span><\/p>\n Violation of Article 3 (inhuman and degrading treatment) on account of the ill-treatment to which Abu Aliyev had been subjected, on account of the authorities\u2019 failure to conduct an effective investigation into the complaints regarding that ill-treatment, and on account of the mental suffering of Abu\u2019s wife as a result of his disappearance<\/span><\/p>\n Violation of Article 5 (unacknowledged detention) in respect of Abu Aliyev<\/span><\/p>\n Violation of Article 13 (lack of an effective remedy) in conjunction with Articles 2 and3<\/span><\/p>\n The Court awarded 60,000 euros (EUR) to the applicant in respect of non-pecuniary damage and EUR 1,650 for costs and expenses.<\/span><\/p>\n *********<\/strong><\/span><\/p>\n CASE OF IRISKHANOVA AND IRISKHANOV v. RUSSIA<\/strong><\/span><\/p>\n (Application no. <\/a><\/strong>35869\/<\/a><\/strong>05)<\/strong><\/span><\/p>\n JUDGMENT<\/strong><\/span><\/p>\n STRASBOURG<\/strong><\/span><\/p>\n 18 February 2010<\/strong><\/span><\/p>\n This judgment will become final in the circumstances set out in Article\u00a044 \u00a7\u00a02 of the Convention. It may be subject to editorial revision.<\/em><\/span><\/p>\n In the case of Iriskhanova and Iriskhanov v. Russia<\/strong>,<\/span><\/p>\n The European Court of Human Rights (First Section), sitting as a Chamber composed of:<\/span><\/p>\n Christos Rozakis, President, Having deliberated in private on 28 January 2010,<\/span><\/p>\n Delivers the following judgment, which was adopted on that date:<\/span><\/p>\n PROCEDURE<\/strong><\/span><\/p>\n 1.\u00a0\u00a0The case originated in an application (no. <\/a>35869<\/strong>\/<\/a>05<\/strong>) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) by two Russian nationals, Ms Zukhrat Iriskhanova and Mr Umar-Ail Iriskhanov (\u201cthe applicants\u201d), on 28 September 2005.<\/span><\/p>\n 2.\u00a0\u00a0The applicants were represented by lawyers of the Stichting Russian Justice Initiative (\u201cSRJI\u201d), an NGO based in the Netherlands with a representative office in Russia. The Russian Government (\u201cthe Government\u201d) were represented by Mr A. Savenkov, First Deputy Minister of Justice, and, subsequently, by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.<\/span><\/p>\n 3.\u00a0\u00a0On 18 March 2008 the Court decided to apply Rule\u00a041 of the Rules of Court and to grant priority treatment to the application and to give notice of the application to the Government. Under the provisions of Article 29 \u00a7 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility. The President of the Chamber acceded to the Government\u2019s request not to make the documents from the criminal investigation file deposited with the Registry in connection with the application publicly accessible (Rule 33 of the Rules of Court).<\/span><\/p>\n 4.\u00a0\u00a0The Government objected to the joint examination of the admissibility and merits of the application. Having considered the Government\u2019s objection, the Court dismissed it.<\/span><\/p>\n THE FACTS<\/strong><\/span><\/p>\n I.\u00a0\u00a0THE CIRCUMSTANCES OF THE CASE<\/span><\/p>\n 5.\u00a0\u00a0The applicants were born in 1957 and 1955 respectively. They live in Samashki, Chechnya. They are the parents of Zurab Iriskhanov, who was born in 1980.<\/span><\/p>\n A.\u00a0\u00a0Disappearance of Zurab Iriskhanov<\/span><\/p>\n 1.\u00a0\u00a0The applicants\u2019 account<\/span><\/p>\n 6.\u00a0\u00a0At the material time Zurab Iriskhanov was a student at the Grozny State Oil Academy and was positively assessed by its administration. His brother Gilani Iriskhanov was in the 10th<\/sup> grade at the local school. The brothers lived with their parents and other relatives at 10\u00a0Novaya Street in Samashki village in the Achkhoy-Martan district of Chechnya. At the material time the settlement was under a curfew. Russian military checkpoints were situated on the roads leading to and from the village.<\/span><\/p>\n 7.\u00a0\u00a0In the evening of 19 June 2002 the applicants, their sons Zurab and Gilani Iriskhanov and other relatives were at home. At about 7 p.m. three APCs (armoured personnel carriers) with a group of armed men arrived at the house. Another APC arrived in a neighbouring street and parked close to the applicants\u2019 house.<\/span><\/p>\n 8.\u00a0\u00a0The group consisted of approximately thirty to forty men of Slavic appearance. They were armed with machine guns and spoke unaccented Russian. The men neither introduced themselves nor produced any documents. The applicants thought that they were Russian military servicemen.<\/span><\/p>\n 9.\u00a0\u00a0The servicemen surrounded the applicants\u2019 house. The first applicant heard one of the officers, whom the others called \u201cLyekha\u201d (\u2018\u041b\u00eb\u0445\u0430\u2019), calling somebody on his portable radio and reporting: \u201cThese men are not here…\u201d and the response: \u201cTake the other ones as well\u201d. When the first applicant asked the officers what was going on, they swore at her and threatened to shoot her.<\/span><\/p>\n 10.\u00a0\u00a0When Zurab and Gilani Iriskhanov heard the APCs they ran outside. The servicemen opened fire on them. As a result, Zurab Iriskhanov was wounded and Gilani Iriskhanov was hit on the head with a gun butt and forced to the ground. The servicemen handcuffed Zurab and Gilani Iriskhanov, put sacks over their heads, kicked them and beat them with gun butts. After that they dragged the brothers to the APCs and put them into different vehicles.<\/span><\/p>\n 11.\u00a0\u00a0Meanwhile some of the servicemen searched the applicants\u2019 house. They did not inform the applicants of what they were looking for. It appears that they did not find anything of interest to them. After the search the APCs drove away in the direction of the Samashki military commander\u2019s office.<\/span><\/p>\n 12.\u00a0\u00a0The abduction of Zurab and Gilani Iriskhanov was witnessed by a number of the applicants\u2019 relatives and neighbours.<\/span><\/p>\n 13.\u00a0\u00a0The description of the events of the evening of 19 June 2002 is based on the following accounts: two accounts by the first applicant, one dated 20\u00a0February 2005 and one undated; an account by the applicants\u2019 neighbour Ms A.Sh. (undated); an account by the applicants\u2019 neighbour Ms A. M. (undated); an account by the applicants\u2019 neighbour Ms A.A. (undated); an account by the applicants\u2019 neighbour Ms Z.K. dated 21 August 2005; an account by the applicants\u2019 neighbour Ms A.M. (undated); two accounts by a number of residents of Samashki (undated); a hand-drawn map of the premises and an article published in the newspaper Pravo-Zashchita (\u201c\u041f\u0440\u0430\u0432\u043e-\u0417\u0430\u0449\u0438\u0442\u0430\u201d) in the issue for 5 June 2003.<\/span><\/p>\n 2.\u00a0\u00a0Information submitted by the Government<\/span><\/p>\n 14.\u00a0\u00a0The Government did not challenge most of the facts as presented by the applicants. According to their submission \u201c…the reason for the opening of the criminal case was the complaint by Z. Iriskhanova lodged on 21 June 2002 about the abduction of her sons Zurab Iriskhanov, who was born in 1980, and Gilani Iriskhanov, who was born in 1983, on 19th<\/sup> June 2002.<\/span><\/p>\n B.\u00a0\u00a0The search for Zurab Iriskhanov and the investigation<\/span><\/p>\n 1.\u00a0\u00a0The applicants\u2019 account<\/span><\/p>\n 15.\u00a0\u00a0Since 19\u00a0June 2002 the applicants have repeatedly applied in person and in writing to various public bodies. They were supported in their efforts by the SRJI. In their letters to the authorities the applicants referred to their son\u2019s abduction and asked for assistance and details of the investigation. Most of these enquiries have remained unanswered, or purely formal replies have been given in which the applicants\u2019 requests have been forwarded to various prosecutors\u2019 offices. The applicants submitted some of the letters to the authorities and the replies to the Court, which are summarised below.<\/span><\/p>\n a. The applicants\u2019 search for their sons<\/span><\/p>\n 16.\u00a0\u00a0Immediately after the abduction of their sons the applicants, along with other residents of the village, went to the Samashki military commander\u2019s office (the military commander\u2019s office). It appears that by midnight of 19 June 2002 a crowd of almost 300 local residents gathered there. They demanded the release of Zurab and Gilani Iriskhanov and the reasons why they had been taken away by the servicemen.<\/span><\/p>\n 17.\u00a0\u00a0At about midnight on 19 June 2002 the head of the local department of the interior, officer L.S., came out of the military commander\u2019s office building and told the crowd that Zurab and Gilani Iriskhanov would be released at 7 a.m. on the following morning, 20 June 2002.<\/span><\/p>\n 18.\u00a0\u00a0In the morning of 20 June 2002 the applicants and other residents of the village returned to the military commander\u2019s office. At the office they were told that Zurab and Gilani Iriskhanov had not been detained on their premises. No explanation was provided concerning the whereabouts of the brothers. The applicants and their relatives decided to wait for the news about Zurab and Gilani Iriskhanov at the entrance to the building. They waited until midnight on 20 June 2002.<\/span><\/p>\n 19.\u00a0\u00a0In the morning of 21 June 2002 the first applicant went to the Achkhoy-Martan district prosecutor\u2019s office (the district prosecutor\u2019s office) and asked them to come to the military commander\u2019s office. At about 10\u00a0a.m. the district prosecutor arrived at the military commander\u2019s office. Having spent about twenty minutes in the building, the prosecutor came out and told the applicants that about fifteen minutes before, on that very same morning, Zurab and Gilani Iriskhanov had been taken by helicopter to the main Russian military base in Khankala, Chechnya. A number of local residents saw the helicopter taking off from the yard of the military commander\u2019s office. After that three APCs drove out of the yard. Employees of the military prosecutor\u2019s office told the applicants that these APCs had arrived from the military base in Khankala.<\/span><\/p>\n 20.\u00a0\u00a0When the applicants asked the district prosecutor for assistance in expediting the release of their sons, the latter told them that he could not do anything about it, as when he had arrived at the military commander\u2019s office even he had had to surrender his service gun to enter the building.<\/span><\/p>\n 21.\u00a0\u00a0On several occasions from 21 to 23 June 2002 the applicants went to the military base in Khankala. The servicemen there told them that Zurab and Gilani Iriskhanov had been transferred to the ORB-2 (operational search bureau) of the Grozny department of the interior (the Grozny OVD).<\/span><\/p>\n 22.\u00a0\u00a0On 26 June 2002 the applicants found a note in their yard. The letter stated that Gilani Iriskhanov had been detained in the ORB-2 of the Grozny OVD and that the applicants could pick him up from there.<\/span><\/p>\n 23.\u00a0In the morning of 27 June 2002 the applicants went to the ORB-2 in Grozny. Gilani Iriskhanov was released in exchange for money. The applicants were told that he had been transferred to the ORB-2 from the military base in Khankala. No information was available about the whereabouts of Zurab Iriskhanov.<\/span><\/p>\n 24.\u00a0\u00a0While in detention Gilani Iriskhanov had been beaten and questioned about the whereabouts of his uncle, a member of illegal armed groups. After his release Gilani Iriskhanov underwent medical treatment in the Malgobek district hospital. Neither the applicants nor Gilani Iriskhanov complained to domestic authorities that he had been ill-treated.<\/span><\/p>\n b. The official investigation into the disappearance<\/span><\/p>\n 25.\u00a0\u00a0On 20 June 2002 the applicants complained to the district prosecutor\u2019s office that their sons had been abducted. They also informed them of the registration numbers of the APCs which had taken away their sons on 19\u00a0June 2002.<\/span><\/p>\n 26.\u00a0\u00a0On 24 June 2002 the district prosecutor\u2019s office instituted an investigation into the abduction of Zurab and Gilani Iriskhanov under Article 126 \u00a7\u00a02 of the Criminal Code (aggravated kidnapping). The case file was given the number 63045.<\/span><\/p>\n 27.\u00a0\u00a0On 16 April 2003 the first applicant requested the district prosecutor\u2019s office to assist her in the search for Zurab Iriskhanov.<\/span><\/p>\n 28.\u00a0\u00a0On 19 April 2003 the district prosecutor\u2019s office informed the first applicant that they had been taking operational search measures to establish the whereabouts of Zurab Iriskhanov and identify the perpetrators of the crime.<\/span><\/p>\n 29.\u00a0\u00a0On 28 April 2003 the Chief Military Prosecutor\u2019s office forwarded the first applicant\u2019s complaint that her son had been abducted by Russian military servicemen to the military prosecutor\u2019s office of the United Group Alignment (the military prosecutor\u2019s office of the UGA).<\/span><\/p>\n 30.\u00a0\u00a0On 10 July 2003 the military prosecutor\u2019s office of the UGA forwarded the first applicant\u2019s complaint to the military prosecutor\u2019s office of military unit no.\u00a020102 for examination.<\/span><\/p>\n 31.\u00a0\u00a0On 27 June 2003 the Achkhoy-Martan district military commander informed the first applicant that his office had no information concerning any unlawful actions of the Russian military servicemen on 19 June 2002.<\/span><\/p>\n 32.\u00a0\u00a0On 11 May 2005 the district prosecutor\u2019s office informed the first applicant that on an unspecified date the investigation of criminal case no.\u00a063045 had been resumed.<\/span><\/p>\n 2.\u00a0\u00a0Information submitted by the Government<\/span><\/p>\n 33.\u00a0\u00a0According to the documents submitted by the Government, the first applicant complained on 21 June 2002 to the district prosecutor\u2019s office that her sons had been abducted. In her letter she stated that her sons had been abducted by Russian servicemen who had arrived in APCs; that they had been detained for some time at the checkpoint located on the Sunzhenskiy mountain ridge; and that thirty-four other residents of the Achkhoy-Martan district had been detained there on 18 and 19 June 2002.<\/span><\/p>\n 34.\u00a0\u00a0The Government submitted that the investigation of the criminal case opened in connection with the abduction of Zurab and Gilani Iriskhanov by \u201cunidentified men\u201d had commenced on 24 June 2002.<\/span><\/p>\n 35.\u00a0\u00a0On 24 June 2002 the investigators conducted a crime scene examination at the applicants\u2019 house. Nothing was collected from the scene.<\/span><\/p>\n 36.\u00a0\u00a0On 24 June 2002 the first applicant was granted victim status in the criminal case and questioned. She stated that at about 8 p.m. on 19 June 2002 three APCs with a group of about fifty military servicemen had arrived at her yard. The registration numbers on the vehicles had been covered with mud. The servicemen were armed; they swore a lot and fired gunshots in the air. They grabbed Gilani Iriskhanov, beat him with rifle butts and put him into one of the APCs. Her second son, Zurab, tried to run away from the soldiers through the back yard, but he was caught in the vegetable garden, beaten with rifle butts and placed in another APC. The abduction of her sons took about five minutes; due to the gunshots fired by the abductors, a number of neighbours gathered next to her house and witnessed the abduction. After that the APCs drove to the military commander\u2019s office in Samashki. The applicant and her neighbours went there to inquire about the reasons for the arrest of Zurab and Gilani Iriskhanov; they waited at the entrance to the office until 11 p.m. According to the applicant, that evening she managed to speak to the military commander, who promised her that her sons would be released on the following morning. The applicant also found out that her sons\u2019 abductors were not from the local military commander\u2019s office, that they were stationed there temporarily and were from an unidentified military unit. The applicant and her neighbours spent several days waiting for news about the abducted brothers; while they were waiting they saw a helicopter, which landed in the yard of the military commander\u2019s office and took off about ten minutes later; after that the abductors drove away from the military commander\u2019s office building in four APCs and six Ural lorries with tented backs. On the third day after the abduction some employees of the military commander\u2019s office informed the applicant that Gilani and Zurab Iriskhanov had been taken by helicopter to Khankala, Chechnya.<\/span><\/p>\n 37.\u00a0\u00a0On 27 June 2002 the investigators questioned the applicants\u2019 neighbour Ms R.Yu., who stated that at about 8 p.m. on 19 June 2002 she had been at home when she had heard gunfire. Through the fence she had seen a group of about ten men in camouflage uniforms and armed with automatic weapons in the Iriskhanovs\u2019 vegetable garden. These men had taken a young man from there and put him in an APC. After the military vehicle had left she learnt from the first applicant that the armed men had abducted her sons.<\/span><\/p>\n 38.\u00a0\u00a0On 27 June 2002 the investigators questioned the applicants\u2019 relative, Ms Kh.Ch., whose statement concerning the circumstances of the abduction of Gilani and Zurab Iriskhanov by military servicemen and the subsequent events was similar to the first applicant\u2019s statement of 24 June 2002.<\/span><\/p>\n 39.\u00a0\u00a0On 27 June 2002 the investigators questioned the applicants\u2019 neighbour, Ms L.A., who stated that at about 8 p.m. on 19 <\/sup>June 2002 she had heard from her house gunshots, screams, loud swearing in Russian and the noise of armoured vehicles. After the shooting had stopped, she had gone to the Iriskhanovs, where the first applicant had told her that armed men in camouflage uniforms, who had arrived in APCs, had taken away her son Zurab Iriskhanov.<\/span><\/p>\n 40.\u00a0\u00a0On 27 June 2002 the investigators also questioned the applicants\u2019 neighbour, Ms A.M. who stated that at about 8 p.m. on 19 June 2002 she had been at home when she had heard gunshots. She had gone out into the street, where she had seen an APC and a group of nine armed men in camouflage uniforms standing next to it and swearing in Russian. Her neighbour, the first applicant, was standing next to the gate crying. After the APC had gone she found out from the first applicant that the men had beaten and abducted her son Zurab Iriskhanov. On 8 June 2005 the witness was questioned again and stated that after the military servicemen had taken away Gilani and Zurab Iriskhanov, the applicants and about 300 other residents of the village had gone to the local military commander\u2019s office, where they had spent three days waiting for news of the abducted men. On 1\u00a0July 2002 Gilani had returned home; according to the applicants, he had been handed over to them by officers of the Regional Department of the Fight Against Organised Crime of the Ministry of the Interior (the RUBOP) and that he had been detained in a pre-trial detention centre in Grozny.<\/span><\/p>\n 41.\u00a0 On 28 June 2002 the investigators questioned Gilani Iriskhanov, who stated that at about 8 p.m. on 19 June 2002 two APCs with a group of about fifty unidentified armed men in camouflage uniforms had arrived at his family\u2019s house. The men placed him in one of the APCs. His brother Zurab had tried to run away from them, but was caught and also put into the APC. After that the brothers were taken to the military commander\u2019s office in Samashki, where they were detained for two days; on the third day they were taken by a helicopter to Khankala, where they were detained for three more days. After that they were taken to the RUBOP in Grozny. Throughout the detention the brothers were kept separately and did not see each other. According to the witness, he was not beaten during the detention. On 27 July 2002 he was released and returned home. The Government did not provide a copy of this witness statement.<\/span><\/p>\n 42.\u00a0\u00a0On 28 and 29 June 2002 the investigators questioned the applicants\u2019 neighbours, Ms M.S. and Ms Ma.S., whose statements concerning the circumstances of the abduction were similar to the one provided by Ms\u00a0A.M.<\/span><\/p>\n 43.\u00a0\u00a0On 30 June 2002 the investigators questioned the applicants\u2019 neighbour, Ms G.A., who stated that at about 8 p.m. on 19 June 2002 she had been at home when she had heard gunshots and gone outside. In the vegetable garden adjacent to the Iriskhanov family\u2019s garden she had seen a group of about ten armed men in camouflage uniforms and an APC in the street. The armed men put Zurab Iriskhanov into the APC and took him away.<\/span><\/p>\n 44.\u00a0\u00a0On 26 and 30 June and 5 July 2002 the investigators requested the ROVD and other district departments of the interior in Chechnya to take operational search measures to identify and question witnesses to Zurab Iriskhanov\u2019s abduction, to establish whether he had been detained by local law-enforcement and military structures, whether he was detained in any of the detention centres of the Achkhoy-Martan district and whether his corpse had been found. According to the replies of 27-29 August and 2, 4, 6, 16, 17 and 20 September 2002, Zurab Iriskhanov had not been detained by the State authorities and his corpse had not been found.<\/span><\/p>\n 45.\u00a0\u00a0On 13, 15, 16, 17, 19, 20 and 22\u201326 May and 1, 3-5, 9 and 10 June 2005 the investigators questioned a number of the applicants\u2019 fellow villagers, including Ms L.Z., Ms Z.Kh., Mr M.T., Ms Z.S., Mr S.G., Mr\u00a0Kh.S., Mr A.S., Mr Kh.I., Ms S.Ch., Mr A.O., Mr I.A., Mr M.I., Mr\u00a0M.G., Mr Sh. M., Ms Z.A., Mr M.D., Ms Kh.U. , Mr A.U., Mr I.S., Mr\u00a0A.A., Ms Kh.M., Ms M.D., Mr D.Kh. and Ms T.Sh., all of whom provided similar statements concerning the abduction. The witnesses stated that they had not witnessed the events, but had been informed by their relatives and neighbours that in the evening of 19 June 2002 a group of military servicemen had arrived at the Iriskhanovs\u2019 house in three APCs, opened fire and taken away Zurab and Gilani Iriskhanov and that at some point later Gilani Iriskhanov had been released and returned home.<\/span><\/p>\n 46.\u00a0\u00a0On 20 May and 11 June 2005 the investigators questioned the applicants\u2019 neighbours Ms T.A. and Ms L.M. accordingly, who provided similar statements concerning the circumstances surrounding the abduction. According to the witnesses, they had been at home when they had heard armoured vehicles and gunfire. They had seen armed men in camouflage uniforms in the street, got scared and stayed inside. About half an hour later, when the shooting was over, they went to the Iriskhanovs\u2019 and learnt about the abduction of their sons. After that along with the applicants and about 300 other residents of the village they went to the local military commander\u2019s office to obtain information about the abducted brothers. They spent three days next to the office waiting for the news, but to no avail. On the third day they saw a helicopter land on the premises of the office and take off about ten minutes later. Shortly afterwards several armoured vehicles drove out of the yard of the military commander\u2019s office; their registration numbers were covered with mud. However, it started raining and those present were able to see the numbers when the mud was washed off by the rain. They wrote them down and submitted them to the authorities in their collective letter. They witnesses further stated that the Iriskhanov brothers had been taken by helicopter to Khankala, Chechnya.<\/span><\/p>\n 47.\u00a0\u00a0On 19, 20, 23 and 25 May and 1, 6 and 9 June 2005 the investigators questioned the applicants\u2019 neighbours, Ms Kh.Ts., Ms M.D., Ms Z.Sh., Mr\u00a0R.A., Ms R.Kh., Mr Kh.Z., Ms M.A. and Ms R.I., whose statements concerning the events surrounding the abduction were similar to those provided by Ms T.A. and Ms L.M.<\/span><\/p>\n 48.\u00a0\u00a0On 5 June 2005 the investigators questioned the applicants\u2019 neighbour, Ms M.T., who stated that at about 6 p.m. on 19 June 2002 she had been at home and had gone out in the street and seen military armoured vehicles. It was the third time the vehicles had arrived in her street that day. This time they stopped at the Iriskhanovs\u2019 house. From the balcony she saw three APCs with military servicemen in camouflage uniforms; the servicemen opened fire and the shooting lasted for about half an hour. According to the witness, she watched Gilani Iriskhanov being taken away. After the shooting was over she went to the Iriskhanovs\u2019 house, where she was told that the soldiers had also taken away Zurab Iriskhanov.<\/span><\/p>\n 49.\u00a0\u00a0On 6 June 2005 the investigators questioned the deputy head of the Samashki village administration, Mr Kh.Ts., who stated that in the summer of 2002 he had learnt about the abduction of the Iriskhanov brothers by military servicemen. According to the witness, the brothers had not participated in the activities of illegal armed groups.<\/span><\/p>\n 50.\u00a0\u00a0On 7 June 2005 the investigators questioned the applicants\u2019 neighbour, Ms Z.N., who stated that at about 7 p.m. on 19 June 2002 she had been at home when she had heard armoured vehicles in the street. She had gone outside and next to the Iriskhanovs\u2019 house she had seen three APCs and a group of military servicemen, who had just opened fire. After the shooting was over, she went to the applicants\u2019 house and learnt that the servicemen had taken away their sons Gilani and Zurab. Then about 300\u00a0local residents gathered and went to the military commander\u2019s office. For three days they waited for news of the abducted men, but to no avail. On the third day a convoy of military vehicles drove away from the military commander\u2019s office. The locals wrote down the registration numbers of the vehicles and provided them to the authorities in a collective letter, signed by a number of local residents including the witness.<\/span><\/p>\n 51.\u00a0\u00a0On 11 June 2005 the investigators questioned the applicants\u2019 neighbour, Ms M. Dzh., who provided a statement similar to those given by her fellow villagers (see paragraph 45 above). In addition, she stated that on the third day they had been waiting at the military commander\u2019s office, a helicopter had landed there for about ten minutes and then had taken off again. After that a convoy of APCs and Ural military lorries had driven away from the military commander\u2019s office; their numbers had been written down by the residents, who had submitted them later to the authorities in a collective letter. According to the witness, these were the same military vehicles which had participated in the abduction of the applicants\u2019 relatives.<\/span><\/p>\n 52.\u00a0\u00a0On 16 August 2007 the investigators questioned the second applicant, who stated that at about 8 p.m. on 19 June 2002 he had been at home when he had heard gunshots. He had gone into the street and seen his son Zurab being forced into an APC. His other son, Gilani, was in the vegetable garden with his hands up and then was also forced into an APC. After the brothers had been forced inside, the vehicles drove away. Several days later the applicant learnt that his sons were detained in the RUBOP in Grozny; some time later Gilani was released, but Zurab never returned home.<\/span><\/p>\n 53.\u00a0\u00a0According to the Government, the investigators also requested information about the disappearance from various State authorities. According to the responses received from various district prosecutors\u2019 offices, district departments of the interior, military prosecutors\u2019 offices, and detention centres in the Southern Federal Circuit, no information concerning the detention of Zurab Iriskhanov or the discovery of his corpse was available.<\/span><\/p>\n 54.\u00a0\u00a0Although the investigation failed to establish the whereabouts of Zurab Iriskhanov, the investigators sent requests for information to the competent State agencies and took other steps to have the crime resolved. The law enforcement authorities of Chechnya had never arrested or detained Zurab Iriskhanov on criminal or administrative charges and had not carried out a criminal investigation in his respect. No special operations had been carried out in respect of the applicants\u2019 son.<\/span><\/p>\n 55.\u00a0\u00a0 The Government submitted the investigation had found no evidence to support the involvement of the federal forces in the crime and that the investigators were verifying two theories concerning the abduction. Firstly, that Zurab Iriskhanov had staged his abduction with the assistance of his close relatives in order to join illegal armed groups. Secondly, that he had been kidnapped by criminals for a ransom. No documents pertaining to the verification of these theories by the authorities were submitted by the Government.<\/span><\/p>\n 56.\u00a0\u00a0According to the Government, the investigation into the abduction of the applicant\u2019s son was suspended and resumed on several occasions; it has so far failed to establish his whereabouts or the identity of the perpetrators of his kidnapping. The applicants had been duly informed of all decisions taken during the investigation.<\/span><\/p>\n 57.\u00a0\u00a0Despite specific requests by the Court the Government did not disclose the entire contents of criminal case no.\u00a063045, providing only copies of a number of documents, running to 229 pages. The Government stated that the investigation was in progress and that disclosure of other documents would be in violation of Article 161 of the Code of Criminal Procedure, since the file contained information and personal data concerning witnesses or other participants in criminal proceedings.<\/span><\/p>\n
\nAnatoly Kovler,
\nElisabeth Steiner,
\nDean Spielmann,
\nSverre Erik Jebens,
\nGiorgio Malinverni,
\nGeorge Nicolaou, judges,
\nand S\u00f8ren Nielsen, Section Registrar,<\/span><\/p>\n