This
is the name of the case, on which the European Human Rights Court in
Strasbourg is supposed to make a decision on September
16. These court proceedings were initiated by Georgian attorneys representing
the claimants: Chechens confined in Georgian jails. The complaint has
already been accepted for consideration and now hearing on considering
the acceptability (or inadmissibility) of the suit must take place in
compliance with Items 29 and 35 of the European Human Rights Convention.
The parties have already been summoned and scrupulous study of the materials
in now under way.
The
case is concerning the 13 Chechens who last year were forced out of
the territory of Chechnya after intense bombings and fled on the
Georgian side of the border, where after promises from the Georgian
government they turned themselves in to the border guards and asked
for political asylum as soon as they got a chance to. But instead of
the help that they were expecting, they were transported to Tbilisi in military helicopters and locked up
in jail cells. Right after that the Georgian side forwarded their files
(with false names) and photos to Russia. In Russia in turn, cases of criminal persecution
were concocted based on that false information. The most interesting
thing in that whole story was the fact that there was no inquiry whatsoever
from the Russian side to have the Chechen refugees extradited.
As
a result, five men were handed over to the Russian authorities with
no investigation or trial being conducted. The cases of the rest eight
were turned to legal defense after the urgent interference of the European Court. Hearings have already been held on these
cases. Decisions have been made on some of them and postponed on some
of them. Another session must be held on September 19.
Once
the European Court accepts the case for consideration, it
will be supposed to solve another problem of whether the extradition
of five Chechens to Russia was legitimate.
It
is a known fact that up until now the cases on Chechnya have never been accepted in Strasbourg. There were several attempts made to initiate
the very procedure of considering whether it is acceptable, but all
of it would normally end up being unsuccessful at the stage of taking
the complaints. Now very many things depend on this procedure. If successful,
it will be a precedent. Besides, the «Case of Shamayev and 12
others…» will have to drag other materials about the facts
of genocide of the Chechen people behind it.
One
of the Georgian attorneys told a Kavkaz Center reporter that the final goal is to stop
the abnormal and inhumane practice of selling human lives once and for
all, i.e. extraditing with no trial to the countries at war. Such procedures
must be banned until war conflicts are solved. First of all, it concerns
Chechnya and the Chechens.
Now
it’s the turn of the European Court to speak. The nearest future will show
whether that international legal structure will fulfill its direct obligation
on defending human rights. It’s time for the European Court to
show that it is capable of considering not only human rights of terminated
employees who were not paid their salaries on time. 250,000 Chechens
killed and tortured to death in Putin’s chambers have the right
to have more attention from the European Court, rather than unpaid salaries of well-to-do
corporations.
Data Tutakhshia,