ORTSUYEVA AND OTHERS v. RUSSIA

Communicated on 4 March 2015

FIRST SECTION

Applications nos 3340/08 and 24689/10
Zulay ORTSUYEVA and others against Russia
and Khatimat MAGOMEDOVA and others against Russia
lodged on 28 December 2007 and 31 March 2010 respectively

STATEMENT OF FACTS

The applicants are fifty two Russian nationals listed in the Appendix. They live in Mesker-Yurt village and Grozny, Chechnya. The applicants in the application no. 3340/08 are represented before the Court by lawyers from the Stichting Russian Justice Initiative (SRJI), an NGO based in the Netherlands with a representative office in Russia (in partnership with NGO Astreya). The first applicant in the application no. 24689/10 is represented by lawyers from the Dagestan NGO “Borets za Spravedlivost”. The other three applicants are not legally represented. The applicants in both applications are close relatives of seventeen men who were apprehended between the end of May and the beginning of June 2002 by servicemen from various parts of Mesker-Yurt village during a special operation of the federal forces.

The circumstances of the applications as presented by the applicants can be summarised as follows.

A. General information pertaining to both applications

1. Abduction of the applicants’ relatives

At the material time the village of Mesker-Yurt was under curfew. Checkpoints of the federal forces were functioning on the roads leading to and from the settlement.

According to the applicants’ submission, between 21 May and 11 June 2002 the servicemen of the federal forces conducted a sweeping-up operation in Mesker-Yurt. They blocked the village and set up a temporary filtration camp at the outskirts of the settlement. The majority of the applicants’ relatives were apprehended between 21 May and 5 June 2002 either from their homes, or from the local mosque, where they hid at night believing that it was a safe place. Some of the abducted men had been taken away from other locations in the village. All of the men detained during the special operation were taken to the filtration camp and some of them were released within the following few days.

The circumstances of the abduction of the applicant’s relatives are similar to each other and can be summarised as follows. According to the applicants, on or around 21 May 2002 a large group of masked armed men in camouflage uniforms and bullet-proof vests arrived in Mesker-Yurt in several armored personnel vehicles (APC) and other military vehicles such as UAZ minivans and URAL lorries and entered the applicants’ houses and the mosque. One of the applicant’s relatives, Mr Shaip (also spelled as “Shoip”) Makhmudov, was abducted from the nearby field where he was tending cows. Speaking unaccented Russian, the servicemen checked the residents’ identity documents and then took the applicants’ relatives away under the pretext of a further identity check. They told the applicants that their relatives would be released after completion of the check.

The applicants visited the filtration camp on several occasions and passed food to their relatives via the servicemen. Few days later, according to the applicants, body of Mr Adam Temersultanov who had been detained during the special operation was thrown out from the military UAZ vehicle at the outskirts of the village and found by the fellow villagers. The other sixteen men were transferred to an unknown location and the applicants have had no news of their missing relatives thereafter.

2. Official investigation into the abduction of the applicants’ relatives

The applicants complained of each abduction to law enforcement agencies. In connection with their complaints, between June and July 2002 the Shali district prosecutor’s office opened criminal cases nos. 59114, 59125, 59126, 59127, 59128, 59129, 59133, 59134, 59135, 59136, 59138, 59163, 59164, 59166 and 59171 under Article 126 of the Criminal Code (abduction). The applicants nos. 11, 19, 24, 30 and 40 in the application Ortsuyeva and Others and the applicant no. 3 in the application Magomedova and Others were granted victim status in the criminal proceedings.

On 6 August 2002 all the criminal cases were joined under the joint case no. 59113. The proceedings in that case, after having been suspended and resumed on several occasions, have been pending for several years without attaining any tangible results. The main reason adduced by the investigative authorities for suspending the case was the failure to identify the perpetrators.

On a number of occasions the applicants requested information from the investigative authorities about the progress in the proceedings. In reply they received formal letters stating that the investigation was in progress. According to the applicants, no meaningful steps have been taken by the authorities to investigate the incident; the investigators failed to take the most basic steps, such as questioning of the witnesses to the abductions and of the servicemen involved in the military operation.

B. Peculiarities of the individual applications

Summaries of the facts for each abduction are outlined below. Each of them was perpetrated from either family houses in various streets in Mesker-Yurt or from the village mosque, save for the abduction of Mr Shaip Makhmudov who had been taken away from the nearby field while tending cattle. After the abduction all of the abducted men were taken to the temporary filtration camp.

1. Application no. 3340/08 Ortsuyeva and Others v. Russia

(a) Abduction of Mr Islam Ortsuyev, who was born in 1980

The applicants are close relatives of Mr Islam Ortsuyev:

1. Ms Zulay Ortsuyeva, who was born in 1960, the mother;

2. Mr Abdul Ortsuyev, who was born in 1960, the father;

3. Mr Rasul-Khadzhi Ortsuyev, who was born in 1993, the brother;

4. Ms Milana Ortsuyeva, who was born in 1987, the sister.

The applicants live in Mesker-Yurt, Chechnya. Mr Islam Ortsuyev was abducted from his house in 157 Lenina Street on 21 May 2002.

(b) Abduction of Mr Adam Gachayev, who was born in 1973

The applicants are close relatives of Mr Adam Gachayev:

5. Ms Petimat Gachayeva, who was born in 2002, the daughter;

6. Ms Radima Gachayeva, who was born in 2000, the daughter;

7. Ms Zara Gachayeva, who was born in 1964, the sister;

8. Zulay Gachayeva, who was born in 1939, the mother;

9. Sila Umkhayeva, who was born in 1982, the wife.

The applicants live in Mesker-Yurt, Chechnya. Mr Adam Gachayev was abducted from his house (without a number) in Vishnevaya Street on 21 May 2002.

(c) Abduction of Mr Aslan Israilov, who was born in 1981, and Mr Anzor Israilov who was born in 1984

The applicants are close relatives of Mr Aslan and Anzor Israilov:

10. Mr Emin Israilov, who was born in 1952, the father;

11. Ms Nurzhan Israilova, who was born in 1952, the mother;

12. Ms Petimat Israilova, who was born in 1978, the sister;

13. Ms Zulikhan Israilova, who was born in 1979, the sister

The applicants live in Mesker-Yurt, Chechnya. The brothers Mr Aslan Israilov and Mr Anzor Israilov, were abducted from their house in 71 Lenina Street on 21 May 2002.

(d) Abduction of Mr Ibragim Askhabov, who was born in 1983

The applicants are close relatives of Mr Ibragim Askhabov:

14. Mr Ayub Askhabov, who was born in 1992, the brother;

15. Mr Elbek Askhabov, who was born in 1985, the brother;

16. Mr Mayrbek Askhabov, who was born in 1987, the brother;

17. Ms Aminat Askhabova, who was born in 1963, the aunt;

18. Ms Khava Askhabova, who was born in 1989, the sister.

The applicants live in Mesker-Yurt, Chechnya. Mr Ibragim Askhabov was abducted from his house in 8 Checkhova Street on 22 May 2002.

According to the applicant no. 17 (Ms Aminat Askhabova), in June 2002 she learned that Mr Askhabov was detained on the premises of the Shali district department of the interior (the ROVD). When she arrived at the ROVD to confirm this information, she was told that a few days prior to her visit Mr Ibragim Askhabov had been transferred to an unknown location. It is unclear whether the applicant provided this information to the domestic investigation.

(e) Abduction of Mr Shaip Makhmudov (also spelled as Shoip), who was born in 1980

The applicants are close relatives of Mr Shaip Makhmudov:

19. Ms Medin Alsultanova, who was born in 1951, the mother;

20. Ms Petimat Baybamatova, who was born in 1977, the sister;

21. Mr Rizvan Makhmudov, who was born in 1947, the father;

22. Ms Larisa Temirkhanova, who was born in 1969, the sister.

The applicants live in Mesker-Yurt, Chechnya. Mr Shaip Makhmudov was apprehended on 23 May 2002 while tending cows next to the village.

(f) Abduction of Mr Sayd-Magomed Abubakarov, who was born in 1982

The applicants are close relatives of Mr Sayd-Magomed Abubakarov:

23. Mr Elbek Abubakarov, who was born in 1992 and lives in Mesker‑Yurt, the brother;

24. Ms Elisa Abubakarova, who was born in 1973 and lives in Grozny, the sister;

25. Ms Khedi Abubakarova, who was born in 1975 and lives in Mesker‑Yurt, the sister;

According to the applicant no. 24 (Ms Elisa Abubakarova), who witnessed the abduction, the perpetrators arrived at their house in Lenina Street on 21 May 2002 in two APCs with registration numbers 588 and 466 and took away Mr Sayd-Magomed Abubakarov.

(g) Abduction of Mr Lechi Temirkhanov, who was born in 1980

26. The applicant, Ms Larisa Temirkhanova, was born in 1969 and lives in Mesker-Yurt, Checnya. She is the sister of Mr Lechi Temirkahnov.

Mr Lechi Temirkahnov was abducted from his uncle’s house (the number is unknown) in Moskovskaya Street on 21 May 2002.

(h) Abduction of Mr Apti Dedishov, who was born in 1965, Mr Abu Dedishov, who was born in 1968, and Mr Adam Dedishov, who was born in 1971

The applicants are close relatives of the three abducted brothers:

27. Mr Ali Dedishov, who was born in 1991, the son of Mr Apti Dedishov;

28. Ms Luiza Dedishova, who was born in 1973, the wife of Mr Apti Dedishov;

29. Ms Madina Dedishova, who was born in 1975, their sister;

30. Ms Malika Dedishova, who was born in 1938, their mother;

31. Ms Zukhra Dedishova, who was born in 1992, the daughter of Mr Apti Dedishov;

32. Ms Rozan Gaziyeva, who was born in 1961, their sister;

33. Ms Ayzan Makhmudkhadzhiyeva, who was born in 1963, their sister.

The applicants live in Mesker-Yurt, Chechnya.

The brothers Apti, Abu and Adam Dedishov were abducted simultaneously from their house in 6 Shkolnaya Street on 22 May 2002.

(i) Abduction of Mr Suliman Magomadov, who was born in 1978 and Mr Salambek Magomadov, who was born in 1980

The applicants are close relatives of the abducted brothers:

34. Mr Khazh-Murad Magomadov, who was born in 2003 and lives in Mesker-Yurt, the son of Mr Salambek Magomadov;

35. Ms Ayna Magomadova, who was born in 1950 and lives in Mesker‑Yurt, their mother;

36. Ms Raisa Magomadova, who was born in 1973 and lives in Grozny, their sister.

The brothers Suliman and Salambek Magomadov, were taken away from their house in 19 Shkolnaya Street on 25 May 2002.

(j) Abduction of Mr Vakha Ibragimov, who was born in 1975

The applicants are close relatives of Mr Vakha Ibragimov:

37. Mr Khalid Ibragimov, who was born in 1971, the brother;

38. Mr Vaid Ibragimov, who was born in 1979, the brother;

39. Mr Valid Ibragimov, who was born in 1969, the brother;

40. Mr Izhan Ibragimova, who was born in 1949, the mother;

41. Ms Milana Ibragimova, who was born in 1983, the sister.

The applicants live in Mesker-Yurt, Chechnya. Mr Vakha Ibragimov was abducted from the village mosque on 1 June 2002.

(k) Abduction of Mr Abu Dudagov, who was born in 1981

The applicants are close relatives of Mr Abu Dudagov:

42. Ms Petimat Molayeva, who was born in 1935 and lives in Mesker‑Yurt, the grandmother;

43. Ms Rozan Molayeva, who was born in 1959 and lives in Grozny, the mother.

Mr Abu Dudagov was taken away from the village mosque on 5 June 2002.

(l) Abduction of Mr Adam Temersultanov, who was born in 1976, and subsequent discovery of his body

The applicants are close relatives of Mr Adam Temersultanov:

44. Ms Malika Amkhadova, who was born in 1947, the mother;

45. Ms Marem Temersultanova, who was born in 1982, the sister.

Both applicants live in Mesker-Yurt, Chechnya.

On 25 May 2002 Mr Adam Temersultanov went to the village mosque, where he stayed for several days during the special operation believing that it was a safe place. On 30 May 2002 Mr Temersultanov was taken for identity check by servicemen to the checkpoint on the bridge in the vicinity of the mosque and detained. On 4 June 2002 the applicants’ fellow villagers saw one of the military UAZ vehicles with Mr Temersultanov’s body in it and the servicemen throwing the body out of the vehicle. The applicant no. 44 (Ms Malika Amkhadova) submitted that when she had subsequently seen the body of her son Adam Temersultanov, he was missing the little finger on the left hand.

2. Application no. 24689/10 Magomedova and Others v. Russia

The applicants nos. 1, 2, 3 and 4 are close relatives of Mr Magomedrasul Magomedov:

1. Ms Khatimat Magomedova, who was born in 1974, the daughter;

2. Ms Madinat Magomedova, who was born in 1977, the daughter;

3. Ms Zukhra Dengayeva, who was born in 1950, the wife;

4. Mr Gadzhidibir Magomedov, who was born in 1972, the son.

The applicants live in Komsomolskoye, Dagestan.

On 23 May 2002 Mr Magomedrasul Magomedov went to his sister’s house in Mesker-Yurt, Chechnya with his friend Mr Kh. M. The next day, when they wanted to leave the settlement, they noticed that Mesker‑Yurt was surrounded by military servicemen and all the roads leading to and from the village were blocked. In early June (the exact date is unknown) Mr Magomedov and Mr Kh. M. were told by the servicemen to go to the village mosque and join the other residents who had gathered there. Mr Magomedov was taken away from the mosque on the same day and, most probably, taken to the temporary filtration camp. His whereabouts remain unknown since. As for Mr Kh. M., a few days later he was allowed to leave the village.

COMPLAINTS

1. Relying on Article 2 of the Convention, the applicants allege that State agents were responsible for the abduction and disappearance of their relatives (referred to as “abducted persons” in the Appendix), and in respect of Mr Adam Temersultanov, for his abduction and subsequent killing. The applicants further complain that the authorities failed to carry out an effective investigation into the matter.

2. Referring to Article 3 of the Convention, the applicants in both cases complain of the severe mental distress they suffer due to the indifference demonstrated by the national authorities in connection with the disappearance of their close relatives and the State’s failure to conduct an effective investigation into the matter.

3. The applicants in both cases submit that the unacknowledged detention of their relatives referred to as “abducted persons” in the Appendix violates all of the guarantees of Article 5 of the Convention.

4. The applicants in both cases complain under Article 13 of the Convention that they did not have an effective remedy in respect of their complaints under Article 2 of the Convention.

QUESTIONS TO THE PARTIES

1. Has the right to life, as guaranteed by Article 2 of the Convention, been violated in respect of the applicants’ relatives referred to as “abducted persons” in the Appendix? Having regard to the procedural protection of the right to life (see Salman v. Turkey [GC], no. 21986/93, § 104, ECHR 2000‑VII), was the investigation conducted by the domestic authorities sufficient to meet their obligation to carry out an effective investigation, as required by Article 2 of the Convention?

2. Has the applicants’ mental suffering caused by their relatives’ disappearance been sufficiently serious to amount to inhuman treatment, within the meaning of Article 3 of the Convention? If so, has there been a breach of Article 3 of the Convention in respect of the applicants?

3. Were the applicants’ relatives, referred to as “abducted persons” in the Appendix, deprived of liberty within the meaning of Article 5 § 1 of the Convention? If such detention took place, was it in compliance with the guarantees of Article 5 §§ 1 – 5 of the Convention?

4. Did the applicants have at their disposal effective domestic remedies in respect of their complaints under Article 2, as required by Article 13 of the Convention?

5. The Government are requested to submit copies of the entire investigation files in all criminal cases instituted in relation to the abduction of the applicants’ relatives referred to as “abducted persons” in the Appendix, including the following cases: nos. 59113, 59114, 59125, 59126, 59127, 59128, 59129, 59133, 59134, 59135, 59136, 59138, 59163, 59164, 59166 and 59171.

The Government are, in particular, requested to provide the following information in respect of each of the applications:

(a) any information, supported by relevant documents, which is capable of rebutting the applicants’ allegations that their relatives had been abducted by State servicemen;

and, in any event,

(b) a complete list of all investigative actions taken in connection with the applicants’ complaints about the abduction of their relatives, in the chronological order, indicating dates and the authorities involved, as well as a brief summary of the findings;

as well as:

(c) copies of documents from the investigation files in respective criminal cases, such as, in particular:

(i) the applicants’ initial complaints about the abduction of their relatives which had prompted the opening of the investigation;

(ii) decision(s) to initiate criminal proceedings;

(iii) decision(s) to grant the applicants victim status in the criminal proceedings, if any;

(iv) record(s) of any interviews of State servicemen (such as, for instance, military servicemen, local administration and police officers, servicemen at roadblocks and checkpoints, employees of other law enforcement agencies, etc.) held in connection with the investigation;

(v) statements of the eye witnesses to the abductions, if any;

(vi) if crime scene (s) were examined, expert and/or forensic examinations were ordered in the course of the investigation, copies of all the relevant expert reports and findings;

(vii) where the investigations were suspended and reopened, copies of each and every decision on suspension/resumption of the proceedings and of the documents containing the reasons for such decisions (such as prosecutor’s orders to resume investigation and take investigative steps);

(viii) any other documents relevant for the establishment of the factual circumstances of the allegations and the evaluation of the effectiveness of the criminal investigations.

Appendix

Summary of the information concerning the applicants and their relatives allegedly abducted by State agents

Number, name of application and date of introduction

Applicant’s name, year of birth

Abducted person

(name, year of birth)

Date of the alleged abduction

1.

3340/08

Ortsuyeva and Others v. Russia

28/12/2007

(1) Ms Zulay Ortsuyeva (1960)

(2) Mr Abdul Ortsuyev (1960)

(3) Mr Rasul-Khadzhi Ortsuyev (1993)

(4) Ms Milana Ortsuyeva (1987)

(1) Mr Islam Ortsuyev (1980)

21/05/2002

(5) Ms Petimat Gachayeva (2002)

(6) Ms Radima Gachayeva (2000)

(7) Ms Zara Gachayeva (1964)

(8) Zulay Gachayeva (1939)

(9) Sila Umkhayeva (1982)

(2) Mr Adam Gachayev (1973)

21/05/2002

(10) Mr Emin Israilov (1952)

(11) Ms Nurzhan Israilova (1952)

(12) Ms Petimat Israilova (1978)

(13) Ms Zulikhan Israilova (1979)

(3) Mr Aslan Israilov (1981)

(4) Mr Anzor Israilov (1984)

21/05/2002

(14) Mr Ayub Askhabov (1992)

(15) Mr Elbek Askhabov (1985)

(16) Mr Mayrbek Askhabov (1987)

(17) Ms Aminat Askhabova (1963)

(18) Ms Khava Askhabova (1989)

(5) Mr Ibragim Askhabov (1983)

22/05/2002

(19) Ms Medin Alsultanova (1951)

(20) Ms Petimat Baybamatova (1977)

(21) Mr Rizvan Makhmudov (1947)

(22) Ms Larisa Temirkhanova (1969)

(6) Mr Shaip Makhmudov (also spelled as Shoip) (1980)

23/05/2002

(23) Mr Elbek Abubakarov (1992)

(24) Ms Elisa Abubakarova (1973)

(25) Ms Khedi Abubakarova (1975)

(7) Mr Sayd-Magomed Abubakarov (1982)

21/05/2002

(26) Ms Larisa Temirkhanova (1969)

(8) Mr Lechi Temirkhanov (1980)

21/05/2002

(27) Mr Ali Dedishov (1991)

(28) Ms Luiza Dedishova (1973)

(29) Ms Madina Dedishova (1975)

(30) Ms Malika Dedishova (1938)

(31) Ms Zukhra Dedishova (1992)

(32) Ms Rozan Gaziyeva (1961)

(33) Ms Ayzan Makhmudkhadzhiyeva (1963)

(9) Mr Apti Dedishov (1965)

(10) Mr Abu Dedishov (1968)

(11) Mr Adam Dedishov (1971)

22/05/2002

(34) Mr Khazh-Murad Magomadov (2003)

(35) Ms Ayna Magomadova (1950)

(36) Ms Raisa Magomadova (1973)

(12) Mr Suliman Magomadov (1978)

13) Mr Salambek Magomadov (1980)

25/05/2002

(37) Mr Khalid Ibragimov (1973)

(38) Mr Vaid Ibragimov (1979)

(39) Mr Valid Ibragimov (1969)

(40) Mr Izhan Ibragimova (1949)

(41) Ms Milana Ibragimova (1983)

(14) Mr Vakha Ibragimov (1975)

1/06/2002

(42) Ms Petimat Molayeva (1935)

(43) Ms Rozan Molayeva (1959)

(15) Mr Abu Dudagov (1981)

5/06/2002

44) Ms Malika Amkhadova (1947)

45) Ms Marem Temersultanova (1982)

(16) Mr Adam Temersultanov (1976)

30/05/2002

2.

24689/10

Magomedova and Others v. Russia

31/03/2010

(1) Ms Khatimat Magomedova (1974)

(2) Ms Madinat Magomedova (1977)

(3) Ms Dengayeva Zukhra (1950)

(4) Mr Magomedov Gadzhidibir (1972)

(1) Mr Magomedrasul Magomedov (1951)

beginning of June 2002 (exact date is unknown)

 

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