SIX COMPLAINTS AGAINST RUSSIA CONCERNING EVENTS IN CHECHNYA DECLARED ADMISSIBLE
In three separate decisions the European Court of Human Rights (First Section)
has declared admissible the applications lodged in the cases of Khashiyev
v. Russia (no. 57942/00), Akayeva v. Russia (57945/00), Isayeva v.
Russia (no. 57947/00), Yusupova v. Russia (no. 57948/00), Bazayeva v. Russia
(no. 57949/00) and Isayeva v. Russia (no.57950/00). The Court decided in
addition that the Government's preliminary objection that the applicants
had failed to exhaust their domestic remedies was closely linked to the merits
of the complaints and should therefore be considered together with the merits
at the next stage of the proceedings.
The applicants allege violation of their rights by the Russian military in
Chechnya in 1999-2000. In a Chamber decision, which has today been notified
to the parties, the Court declared admissible the applicants' complaints
under Article 2 (right to life), Article 3 (prohibition of torture and inhuman
or degrading treatment), Article
13 (right to an effective remedy) of the European Convention on Human Rights
and Article 1 of Protocol No. 1 to the Convention (protection of property).
Copies of the decisions, which are available only in English, can be found
on the Court's Internet site (http://www.echr.coe.int). Judgment will be
delivered at a later date.
The applicants
All the applicants are Russian nationals, residents of Chechnya. Khashiyev
Magomed Akhmetovich was born in 1942, Akayeva Rosa Aribovna was born in 1955,
Isayeva Medka Chuchuyevna was born in 1953, Yusupova Zina Abdulayevna was
born in 1955, Bazayeva Libkan was born in 1949. These applicants were residents
of Grozny up to 1999, and are currently staying in Ingushetia. Isayeva Zara
Adamovna was born in 1954 and lived in Katyr-Yurt, Chechnya, up to 2000,
when she also moved to Ingushetia.
Summary of the facts
Applications nos. 57942/00 and 57945/00, which were joined by the Court on
11 July 2000, concern allegations of torture and extra-judicial executions
of the applicants' relatives by the members of the Russian army in Grozny
at the end of January 2000. The bodies of the first applicant's brother,
sister and two of the latter's sons and the second applicant's brother were
found with numerous gunshot wounds. A criminal investigation, opened in May
2000, was suspended
and reopened several times, but the culprits were never identified.
Applications nos. 57947/00, 57948/00 and 57949/00, joined by the Court on
11 July 2000, concern allegations of indiscriminate bombing on 29 October
1999 by Russian military planes of civilians leaving Grozny. As a result
of the bombing, the first applicant was wounded, her two children and daughter-in-law
were killed, the second applicant was wounded and the third applicant's car
containing the family's possessions was destroyed. A criminal investigation
into the bombardment was opened in May 2000, but was later closed.
Appeal proceedings against the decision to close the investigation are pending
before a military court in Rostov-on-Don.
Application no. 57950/00 concerns allegations of indiscriminate bombing by
the Russian military of the village of Katyr-Yurt on 4 February 2000. As
a result of the bombing, the applicant's son and her three nieces were killed.
Following the communication of the complaint to the Russian Government, a
criminal investigation was opened in September 2000, but later closed. Appeal
proceedings against this decision are pending before a military court in
Rostov-on-Don.
Complaints
Khashiyev Magomed and Akayeva Roza complain that their relatives were tortured
and murdered by members of the Russian army. They also complain that the
investigation into their deaths has been ineffective and that they have had
no access to effective remedies at national level. They invoke Articles 2,
3 and 13 of the European Convention on Human Rights.
Isayeva Medka, Yusupova Zina and Baayeva Libkan complain that their relatives'
and their own rights to life and to protection from inhuman and degrading
treatment were violated. Bazayeva Libkan, in addition, complains that the
destruction of her car containing the family's belonging constituted an infringement
of her property rights. The applicants also complain that the investigation
was ineffective and that they had no access to effective remedies on the
national level. They invoke Articles 2, 3 and 13 of the Convention and Article
1 of Protocol No. 1.
Isayeva Zara complains that her relatives' right to life was violated. She
also complains that the investigation was ineffective and that she had no
access to effective remedies. She invokes Articles 2 and 13 of the Convention.
Procedure
The above applications were lodged in April and May 2000. On 11 July 2000
the Court commenced its consideration of the cases.
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Registry of the European Court of Human Rights F - 67075 Strasbourg
Cedex Contacts: Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)
Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15) Stéphanie Klein
(telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91
The European Court of Human Rights was set up in Strasbourg in 1959 to deal
with alleged violations of the 1950 European Convention on Human Rights.
On 1 November 1998 a full-time Court was established, replacing the original
two-tier system of a part-time Commission and Court.