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European Court of Human Rights finds Russia guilty in disappearance of man in Chechnya

posted by zaina19 on April, 2007 as Human Rights


From: MSN NicknameEagle_wng  (Original Message)    Sent: 4/12/2007 5:08 AM
11.4.2007 12:47 MSK
European Court of Human Rights finds Russia guilty in disappearance of man in Chechnya
FRANCE, Strasbourg. On April 5, the European Court of Human Rights, in the matter of "Baysayev vs. Russia", has found Russia guilty in the disappearance and death of 61-year-old inhabitant of Chechnya, Shahid Baysayev. The court decisively condemned the practice of disappearances of people in Chechnya and the tolerance of authorities with respect to this situation.

As reported by the organization "Legal Initiative in Russia", which gives legal aid to victims of violations of human rights in the North Caucasus and represented Asmart Baysayeva (Baysayev's wife), the European Court examined the detention and disappearance of Shahid Baysayev during a “cleansing" operation carried out by Russian police (OMON) in the village of Podgorny in Chechnya, in March 2000.

The OMON unit had sustained losses in a random skirmish and was searching for the fighters they believed responsible. 50 people besides Baysayev were detained, and have not been seen since. The court had important proof - a video recording of the detention, which the soldiers had sold to Asmart Baysayeva for 1000 dollars.

After the detention of her husband, she immediately went to the authorities. But the authorities did not conduct an effective investigation. The court notes that the investigation was accompanied by "inexplicable delays in the fulfillment of the most necessary actions", and it finds "surprising" that the persons, seen on the video recording, could not be identified. Information about where Baysayev was possibly buried was not completely investigated.

The unanimous resolution of the court noted:
The detention of Baysayev was illegal: Russian servicemen violated domestic legislation (Article 5 of the European Conventions for the protection of human rights and fundamental freedoms); Baysayev must be considered to be dead, taking into account the circumstances of his detention and his absence of more than six years. The court established that the Russian authorities were responsible for his death (Article 2); The investigation of his kidnapping was ineffective (Article 2); The sufferings of Baysayeva as the result of the disappearance of her husband and the incapacity of Russian authorities to undertake effective steps for explaining the fate of the disappeared are inhuman and degrading (Article 3); The refusal of Russian authorities to present materials from the criminal case to the court shows their incapacity of contributing to the trial (Article 38).

The court did not find sufficient proof of the fact that Baysayev underwent torture or inhuman or degrading treatment. The court of seven judges, including one Russian judge, delivered the verdict that Russia pay 50 000 Euros as compensation to Baysayeva for moral harm. The state is obligated to investigate the disappearance of Baysayev. When the order enters into force, the Ministers of the Council of Europe will monitor it.

The court expressed serious concern over "disappearances" in Chechnya and noted that they had previously examined similar matters - ("Bazorkina vs. Russia", "Imakayeva vs. Russia", and "Luluyev and others vs. Russia"). The court established that if a man is taken by unidentified soldiers without official acknowledgement of detention, such circumstances can be considered as a creating a threat to life. The court noted that the reaction of authorities to the disappearance "makes it possible to seriously assume, that this situation is, at the least, tolerated". "This means that the court recognizes the seriousness of the situation in Chechnya and will be paying attention to it in the future. ", stated Ole Solvang, Executive Director of "Legal Initiative in Russia".

The Human Rights Center "Memorial" estimates that since 1999 from 3 to 5 thousand people have disappeared in Chechnya as a result of kidnappings by federal or pro-Russian Chechen structures.

Translated by OM Kenney
PRIMA—News Agency [2007-04-05-Rus-17]
http://www.prima-news.ru/eng/news/news/2007/4/11/37974.html

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