Lexploria

Communicated on 7 September 2018

THIRD SECTION

Application no. 62380/12 Fatima Anzorovna AVSANOVA and others against Russia lodged on 30 April 2012

STATEMENT OF FACTS

A list of the applicants is set out in the appendix.

A. The circumstances of the case

The facts of the case, as submitted by the applicants, may be summarised as follows.

B. Relevant information from the case Tagayeva and Others v. Russia

The facts of the present case are connected to the Tagayeva and Others case (nos. 26562/07 and 6 others, ECHR 2017 (extracts)). Both cases concern the terrorist attack at a school i n Beslan, North Ossetia, on 1 ‑ 3 September 2004 and the authorities ’ response to it. The hostage-taking occurred at the opening ceremony of the academic year at a school in Beslan, a town bordering with the region of Ingushetia, where the terrorists had gathered and trained . For over fifty hours more than 30 heavily armed terrorists associated with the Chechen separatist movement held captive over 1,000 people, the majority of them children. A number of hostages were killed by the terrorists on 1-2 September 2004. Following explosions, fire and an armed intervention on 3 September 2004, over 330 people lost their lives (including over 180 children) and over 750 people were injured. All but one terrorist were killed; the surviving terrorist was tried and sentenced to life imprisonment. Two groups of policemen, from Ingushetia and North Ossetia, were charged with criminal negligence related to the failures in the prevention of the terrorist act. The Government took measures to compensate the victims and to rehabilitate the community after the devastating attack.

The Tagayeva and Others judgment was based on the material lodged by the applicants and submitted by the Government. It included documents from four sets of criminal investigations, three criminal trials, two sets of civil proceedings for compensation, two reports by parliamentary groups and one dissenting opinion thereon, books and articles written in the aftermath, copies of forensic and expert reports in respect of each applicant and/or their relatives, the applicants ’ own statements to the Court and independent expert reports.

The judgment covered admissible complaints by 409 Russian nationals (grouped in seven applications) who had either been taken hostage and/or injured in the incident, or are family members of those killed. In its judgment, the Court found that there had been a violation of several aspects of Article 2: a failure to protect against a known and foreseeable threat to life from a terrorist act, a breach of the State ’ s obligation to investigate, a failure to plan and control the use of lethal force so as to minimise the risk to life and excessive use of lethal force. The Court further concluded that there had been no violation of Article 13 of the Convention. Under Article 41, the Court individualised awards to each of the 409 applicants depending on the degree of injuries and the family ties with the deceased. Finally, the Court made findings under Article 46 of the Convention. It indicated the need for a variety of measures aimed at drawing lessons from the past, raising awareness of applicable legal and operational standards, and deterring similar violations in the future. It also held that the future requirements of the pending investigation into the incident must be determined with regard to the Court ’ s conclusions about the investigation ’ s failures .

C. The applicants in the present case

The applicants in the present case are thirty nine individuals who had either been taken hostage and/or injured in the incident, or are family members of those killed . They introduced their complaints on 14 September 2012.

COMPLAINTS

A. Alleged violations of Article 2 of the Convention

Relying on Article 2 of the Convention, the applicants complained about violations of the right to life on the following accounts.

First, they argued that there has been a breach of the positive obligation to protect life and the school security had not been properly ensured prior to the attack.

Next, they argued that the obligation to investigate the loss of life has not been complied with. Criminal and other procedures have failed to establish all the relevant circumstances of the tragic events and to identify the persons responsible; only one person has been found guilty. The victims and their relatives have not been accorded full access to the documents of the criminal investigation, as a result they have not been able to argue their positions. Many of their demands and applications brought in the proceedings have been dismissed or left without proper consideration.

Then, the fighting, which entailed numerous deaths and injuries, was the direct consequence of the first explosion and the responsibility of the OH should have been elucidated in this respect. The storming of the building was not undertaken with the primary aim of preserving lives and there was disproportionate use of force. They also argued that the OH, in its negotiation strategy, chose not to be guided by the need to preserve the hostages ’ lives above all.

B. Other alleged violations

The applicants further considered that their rights guaranteed by Article 6 of the Convention have been violated.

Finally , the applicants complained under Article 13 of the Convention about lack of effective domestic remedies in respect of the violations alleged.

QUESTIONS TO THE PARTIES

1. All applicants listed in the Appendix table to the present report are requested to verify the correctness of the spelling of their names and surnames and other personal information. All applicants are requested to refer to the numbering in the Appendix table.

2. Having regard to the State ’ s positive obligation under Article 2 of the Convention to take measures to protect individuals whose life is at risk from the criminal acts of other individuals , where the authorities know or ought to have known of the existence of that risk , did the authorities comply with this obligation in the present case?

3. Having regard to the procedural protection of the right to life, was the investigation in the present case in breach of Article 2 of the Convention?

4. Has the right to life, ensured by Article 2 of the Convention, been violated in the present case in respect of those applicants and their relatives who were held hostage on 1-3 September 2004?

In particular, did the State comply with the obligation to plan and control the operation involving the use of lethal force so as to minimise the risk to life?

Was the use of lethal force by the State agents on 3 September 2004 more than absolutely necessary?

5. The Government are requested to submit all documents which would be relevant to the answers to the above questions and, in particular, demonstrating developments in the criminal investigation file no. 20/849 after 2012, if any.

APPENDIX

No.

First name / last name / date of birth / place of residence

Representative

Sustained injury / relationship to other hostages and/or applicant

Other

Fatima Anzorovna AVSANOVA

15/06/1952

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries)

Bella Anatolyevna AVSANOVA

25/11/1987

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (grave injuries)

Alina Khazbiyevna BADZIYEVA

02/04/1994

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries)

Sarmat Vadimovich BOLLOYEV

30/04/1998

Vladikazkaz

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries)

Zalina Semenovna BOLLOYEVA

02/01/1968

Vladikavraz

Ella Kesayeva

Boris Tagayev

Wife of dead hostage Bolloyev Vadim Vladimirovich 1965 and mother of dead children hostages Bolloyeva Zarina Vadimovna 1993 and Bolloyeva Madina Vadimovna 1995

Madina Feliksovna DULAYEVA

03/10/1980

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries)

Artur Taimuroazovich DZAGOYEV

03/12/1996

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (grave injuries)

Amaga Valeryevna DZUTSEVA

09/09/1991

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (grave injuries)

Aiteg Elbrusovich GADZHINOV

15/03/1993

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries)

Valeriya Muslimovna GAFUROVA

02/06/1996

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries)

Zara Aleksandrovna GAITOVA

29/05/1940

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries)

Malik Maratovich KALCHAKEYEV

12/08/1991

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries)

Olga Vyacheslavovna KARLOVA

23/09/1965

Beslan

Ella Kesayeva

Boris Tagayev

Daughter of Sautenkova Viktoriya 1945 (dead hostage) and of Karlov Ivan 1932 (dead hostage)

Samurbek Makharbekovich KESAYEV

29/01/1994

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (grave injuries)

Taimuraz Makharbekovich KESAYEV

10/09/1990

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (grave injuries)

Larisa Kazbekovna KESAYEVA

08/09/1969

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (grave injuries)

Irina Ivanovna KHABLIYEVA

20/01/1966

Belsan

Ella Kesayeva

Boris Tagayev

Mother of dead hostage Khabliyev Batraz Eduardovich 1992

Kristina Eduardovna KHABLIYEVA

22/11/1991

Beslan

Ella Kesayeva

Boris Tagayev

Escaped (medium gravity injuries)

Irina Totrazovna KHADARTSEVA

10/05/1927

Beslan

Ella Kesayeva

Boris Tagayev

Grandmother of dead hostage Sozanova Madina Yuryevna 1993

Zoya Georgiyevna KHAMITSAYEVA

14/06/1946

Beslan

Ella Kesayeva

Boris Tagayev

Mother of dead hostage Dzampayeva Svetlana Dudarovna 1976, and grandmother of dead hostages Dzampayeva Agunda Arturovna 1997, Dzampayev Aspar Arturovich 2002, son-in-law Dzampayev Artur Taimyrazovich 1964

Khazbi Sultanbekovich KHODOV

01/03/1990

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries)

Anna Alekseyevna MARGIYEVA

13/02/1992

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries)

Azamat Kazbekovich MELIKOV

16/03/1990

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (grave injuries)

Taimuraz Kazbekovich MELIKOV

07/11/1988

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (grave injuries)

Alina Yanislavovna NALDIKOYEVA

08/05/1993

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries)

Alla Olegovna NOGAYEVA

02/09/1997

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries), sister of dead hostage Nogayeva Marina Olegovna 1992

Elina Olegovna NOGAYEVA

14/03/1995

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries), sister of dead hostage Nogayeva Marina Olegovna 1992

Zalina Olegovna NOGAYEVA

22/02/1991

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries), sister of dead hostage Nogayeva Marina Olegovna 1992

Raisa Zenonovna SAGUTONOVA

05/12/1949

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries)

Anatoliy Vladimirovich SIKOYEV

09/05/1960

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (grave injuries)

Vladislav Anatolyevich SIKOYEV

25/08/1990

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries), son of dead hostage Muriyeva Galina Astemirovna 1968

Anzhelika Anatolyevna SIKOYEVA

17/12/1996

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries), daughter of dead hostage Muriyeva Galina Astemirovna 1968

Zalina Mironovna TAUCHELOVA

26/04/1968

Beslan

Ella Kesayeva

Boris Tagayev

Mother of dead hostages Tauchelova Irina Arturovna 1990 and Tauchelova Svetlana Arturovna 1991

Ruslan Georgiyevich TEBIYEV

17/08/1937

Beslan

Ella Kesayeva

Boris Tagayev

Husband of dead hostage Tebiyeva Larisa Afanasyevna 1949;

Son-in-law of Frayev Ruslan Mikhailocivh (dead hostage) 1967;

Mother-in-law Frayeva Fariza Aslanbekovna (dead hostage) 1930

Elmira Nikolayevna TEDEYEVA

05/06/1980

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries), mother of dead hostage Maliyeva Svetlana Aslanovna 2001

Khetag Aslanovich MALIYEV

05/07/2000

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries) brother of dead hostage Maliyeva Svetlana Aslanovna 2001

Fatima Taimurazovna TOKAYEVA

06/01/1991

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries)

Madina Taimurazovna TOKAYEVA

12/05/1989

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (grave injuries)

Oksana Magometovna TSARAYEVA

27/03/1974

Beslan

Ella Kesayeva

Boris Tagayev

Hostage (medium gravity injuries)

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AVSANOVA AND OTHERS v. RUSSIA

AVSANOVA AND OTHERS v. RUSSIA

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