16/11/2007 European Court condemns Russian authorities on three complaints from Chechnya
On November 15, the European Court for Human Rights (ECfHR) satisfied three complaints lodged by Chechen residents and found Russia guilty of violent disappearances, extrajudicial executions and illegal capture and destruction of private property in Chechnya.
The "Caucasian Knot" correspondent was informed about it by Rumair Lemaitre, director for legal activities of the Moscow's representative office of the Dutch NGO "Legal Initiative for Russia", which had rendered assistance to the applicant to the European Court in the case "Khamila Isaeva versus Russia".
According to witnesses' evidences, Sultan Isaev, the applicant's husband, was detained on April 29, 2001, by federal militaries during a special operation in the Chechen village of Alkhan-Kala. Since then, Ms Isaeva has known nothing about him.
According to Mr Lemaitre, the Strasbourg Court has unanimously established in its decision that the Russian authorities had illegally detained Sultan Isaev (Article 5 of the European Convention on Human Rights (ECHR)). The Court has ruled that Sultan Isaev can be recognized to be dead with account of the circumstances of his detention and the time elapsed since, and in this connection the Russian authorities shall bear responsibility for Sultan Isaev's death (Article 2 of the ECHR).
Also, the verdict of the ECfHR runs that the Russian authorities have failed to run a proper investigation into Isaev's illegal arrest and disappearance, despite their knowledge about the crimes (Article 2 of the Convention); they revealed their indifference and brutality in relation to the victim's spouse (Article 3); and Ms Khamila had no access to effective means of legal defence (Article 13).
In its other decision of November 15 - on the case "Khamidov versus Russia" - the European Court has established that the Russian authorities had breached Khantabi Khamidov's right to privacy (Article 8 of the ECHR) and the right of ownership (Article 1 of Protocol 1 to the Convention), when a militia unit had seized and ruined his property.
Besides, the Court has found that Mr Khamidov's right for fair trial was breached, when he had tried to claim compensation for his property (Article 6 of the ECHR).
See earlier reports: "European Court finds Russian authorities guilty of murdering a Chechen militiaman."
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