PRIMA/CT: Struggles for justice

The Chechen Times

Chechen Abdulla Erzanukayev, 48, turned to the Austrian judiciary for protection against libel. Although Austria did not deny him his search for justice, immediately after the start of the court case he and his friend, who had come to Vienna as a witness for the defence, were arrested by the gendarmerie on the orders of the Austrian National Security Service. Forty-eight hours later they were deported. The question remains: who did not want the case to be heard, and why?

Abdulla Erzanukayev has had a hard life. A construction engineer, he has built houses in Chechnya, investing his own money in his country's economy. When Russian troops arrived in Chechnya they destroyed not only his house, but his own plans. In order to save his family (his wife and three children) he sought asylum as a political refugee in the West. Erzanukayev and his family are now living in France, waiting to be granted asylum. He has chosen a particularly peaceful course in life, and has never in his life taken up arms, deciding instead to serve his country in the way he can do best. In the West he has enjoyed considerable success in business, and he has spent almost everything he has earned on buying humanitarian aid for Chechnya and the Chechen refugee population in Azerbaijan. He has organised visits to Chechnya by Western journalists, ensuring their safety in the difficult conditions of the war with Russia.

This work has not endeared him to the Russian security agencies. In Moscow they brought legal actions against his relative, and the authorities seized his remaining business interests in Russia. His wife Zarema was arrested in Moscow when she travelled to Russia to visit her family, and was held on remand in the FSB jail at Lefortovo on a ridiculous charge. Erzanukayev understood the futility of any attempts to seek justice in Russia, the country whose army is systematically destroying his homeland.

In February 2001 an article entitled "Ungluckliche Reiseroute" (Unlucky route) by Edith Meinhart appeared in the Austrian "Profil" newspaper. The author forcefully denounced the "scatter-brains" of the border police who allowed Abdulla Erzanukayev into the country despite the fact that he was allegedly wanted for carrying out contract killings. And what a moment to choose - just as Russia's President Putin was making an official visit to Austria! The newspaper also printed a page from Erzanukayev's passport, showing his photograph. Although the eyes of the person in the photograph are blacked out, there was no doubt in the minds of Abdulla's acquaintances and business partners that he was standing accused of contract killings.

Reputation is as valuable in business as it is in politics. No one is going to check who is behind accusations of contract killing, whether this has been proved in court, whether Erzanukayev is being sought by Interpol, and whether the journalist is telling the truth or fantasizing. Erzanukayev's business partners rejected him and his business collaped. Building work which had started on a furniture factory in Spain was halted. The humanitarian aid to Chechnya dried up. At that point Mr Erzanukayev decided to take legal action against those who had libelled him.

The papers which allow Erzanukayev and his friend Borzali Ismailov (also an asylum-seeker) to remain in France do not permit them to leave the country. They went to their local police headquarters and obtained permission to travel to Austria. "If you have any problems, give us a call", the police told them. They also had a legal statement from the court in Vienna, guaranteeing their security while they were in Austria.

On 20 March 2002 they left Paris by car and at 9 o'clock the following morning they arrived at the court in Vienna. There was almost no one else there: apart from a witness and Erzanukayev's son, there was just one journalist from Moscow and a quiet young man with a note book. The judge opened the hearing and questioned the defendant, the prosecution and the witness from the Ministry of the Interior. Towards midday the judges decided that they needed new documentation and witness statements. The hearing was postponed until an unspecified date.

The two Chechens and the journalist from Moscow went back to the Mercury Hotel where they were staying, collected their things and set off for the Salzburg, on their return journey to Paris. Three unmarked cars followed them all the way from the court building. In one of the cars sat the same quiet young man with a notebook who had been in court. Approximately 130 km from Vienna Erzanukayev's car was overtaken and halted by a police patrol car. The driver was fined 60 euro for failing to carry a license to drive on Austrian roads. Everyone in the car was asked to show their papers. These were taken and copied at the nearest petrol station, but were not returned and they were all asked to drive to the police station at Amstetten.

After three and a half hours at the police station two members of the National Security Agency arrived with an interpreter and asked to talk to the group. The Moscow journalist asked the NSA officials to show their documents, introduce themselves and explain why they were being detained. The older of the NSB agents flew into a rage, threw his passport at the journalist and rudely forced him out of the police station. The Chechens were then interrogated, Erzanukayev for five hours and Ismailov for 30 minutes.

The security agent asked Erzanukayev some quite improbable questions: while he was in Vienna, had he met the eldest son of the late Chechen president Dzhokhar Dudayev? Had the businessman Boris Berezovskii, who is living in London, given money to Movladi Udugov? Who was paying the military commander Shamil Basayev, and how? It appeared as though the Austrian security forces were playing an extremely active role in the dramatic events unfolding in the Northern Caucasus, and that Chechnya was high on the agenda for Austria's foreign policy.

Forty-eight hours later, following a lengthy investigation in the Amstetten police commisariat, fines of 100 euro for incorrectly completed papers, and a personal telephone call from the Austrian Minister of the Interior, the Chechen political refugees were freed on the condition that they leave Austria immediately. Which is what they had planned to do anyway, had they not been stopped by the Austrian gendarmerie. That same evening Erzanukayev and his friend, who had come in pursuit of justice, left "welcoming" Austria.

This strange story of the unusual interest of the police authorities and the expulsion of Erzanukayev from Austria may be explained only by a document cited in the legal case against the "Profil" newspaper. It follows from the documents that the heightened attention paid to Erzanukayev by the Austrian authorities at the time of Putin's visit to Vienna was based on information received by the Austrian security services from the Russian embassy in Austria. This fact, as well as the inexplicable interest shown by the Austrians to the Chechen issues, points to a close exchange of information between the security services of Austria and Russia. It would also appear that this exchange operates under the roof of the Russian embassy in Vienna. This would explain why the Austrian authorities are so unhappy about Erzanukayev's presence in Austria. Having painted Erzanukayev as a criminal, the people from National Security tripped up the journalists who were not expecting a legal search of their own premises. It was impossible to proveErzanukayev's participation in contract killings. The best way out of the situation was to halt the trial. Erzanukayev was informed that he was forbidden from entering Austria for one year.

Nevertheless, Abdulla Erzanukayev has not been deterred either by the intimidation of the Austrian police, or by the ban on entering Austria. He has not given up his intention of carrying the case through to the end. And the hearing has opened! True, the chief plaintiff was absent, but nonetheless he was completely victorious in theend. on 27 February this year the court in Vienna ruled that Erzanukayev's complaint was fair, and the newspaper was forced to publish an apology and pay the defendant 1,500 euros in compensation as well as paying all his legal costs.

The anti-Chechen hysteria exported from Moscow to the West may have turned Western security forces against Chechen immigrants, but attempts to influence Austria's justice system have proved to be in vain.

[04.03.2003] Alexander Podrabinek/Prima News Agency

Home
Up