Information Note on the Court’s case-law 48

December 2002

Isayeva v. Russia (dec.) - 57950/00

Decision 19.12.2002 [Section I]

Article 2

Article 2-2

Use of force

Civilian casualties in air attack on convoy: admissible

The applicant, currently resident in Ingushetia, was previously a resident of the village of Katyr-Yurt in Chechnya. Following the take-over of Grozny by Russian forces in February 2000, a significan t group of Chechen fighters entered her village. At that time, the population of the village had swelled to some 25,000 persons, including many who were displaced from other parts of the country. The applicant states that the Chechen fighters arrived witho ut any warning and that villagers were forced to take shelter from the heavy Russian bombardment that commenced shortly afterwards. When the shelling ceased the next day, the applicant and her family, along with other villagers, tried to flee. She indicate s that no safe exit routes were provided for civilians. As their vehicles left the village, they were attacked from the air. The applicant’s son was fatally wounded. Three other persons travelling in the same vehicle were also wounded. The applicant also l ost three young nieces in the attack, and her nephew was left disabled as a result of his injuries. She states that she lost her house, her possessions and her car.

The Government state that the military operation against Katyr-Yurt was ordered after the v illage had been taken by an estimated 850-1000 Chechen fighters. Although the security forces offered safe passage to civilian residents, these were prevented from leaving by their captors. The Government indicate that the military operation lasted four da ys and took a heavy toll among Russian forces and the Chechen fighters. The Government acknowledge that the van in which the applicant and her relatives were travelling was hit by a rocket, causing loss of life and injury.

Death certificates were issued in respect of the applicant’s relatives. The Government indicate that the law enforcement agencies were unaware of the killings until the matter was brought before the Court. Subsequently, local prosecutors opened criminal investigations and instituted crimi nal proceedings. As part of this process, evidence was gathered and testimony taken. According to the Government, forensic examination of the remains was not possible due to the objection of the family to exhumation. The criminal investigation was closed i n March 2002, having reached the conclusion that the actions of the Russian forces had been absolutely necessary. The applicant states that she is not aware of any effective steps taken by the authorities to investigate the deaths of her relatives.

Admissi ble under Articles 2 and 13.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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