DZHALILOV v. RUSSIA and 5 other applications
Doc ref: 11499/14;67207/14;71398/14;13653/15;64246/16;3634/17 • ECHR ID: 001-182291
Document date: March 22, 2018
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Communicated on 22 March 2018
THIRD SECTION
Application no. 11499/14 Zayndi Turko-Aliyevich DZHALILOV against Russia and 5 other applications (see list appended)
STATEMENT OF FACTS
A list of the applicants is set out in the appendix.
In each of the applications, the applicants complained under Article 2 of the Convention that the State agents had been responsible for their relatives ’ abduction and subsequent disappearance, as well as for the killing of Mr Bekkhan Israilov (see Israilovy v Russia (no. 71398/14). They further complained that the authorities had failed to carry out an effective investigation into the matter. Under Article 3 of the Convention, the applicants complained that they had suffered mentally on account of their relatives ’ disappearance and their inability to ascertain their faith as well as the authorities ’ indifference to their complaints and requests for assistance in elucidating the circumstances of the incidents. Under Article 5 of the Convention, the applicants complained that their relatives ’ unlawful detention violated that provision in its entirety and that, in violation of Article 13 of the Convention, they had no effective domestic remedies against the alleged violations of Articles 2 and 3 of the Convention.
The relevant details regarding the applicants ’ allegations and their version of factual circumstances are reflected in the attached appendices.
The table of appendices:
Appendix
Application number
Name of the case
1
11499/14
Dzhalilov v. Russia
2
67207/14
Magomadova and Others v. Russia
3
71398/14
Israilovy v. Russia
4
13653/15
Gereykhanova v. Russia
5
64246/16
Tasukhanov v. Russia
6
3634/17
Dadayeva and Others v. Russia
QUESTIONS TO THE PARTIES
1. Have the applicants complied with the six-month time-limit laid down in Article 35 § 1 of the Convention? In particular, were there “excessive or unexplained delays” on the applicants ’ part in submitting their complaints to the Court after the abduction of their relatives, and have there been considerable lapses of time or significant delays and lulls in the investigative activity, which could have an impact on the application of the six-month time-limit (see, mutatis mutandis , Varnava and Others v. Turkey [GC], nos. 16064/90, 16065/90, 16066/90, 16068/90, 16069/90, 16070/90, 16071/90, 16072/90 and 16073/90, §§ 162, 165 and 166, ECHR 2009 and Sagayeva and Others v. Russia , nos. 2269 8/09 and 31189/11, §§ 60-62, 8 December 2015)? The applicants are invited to provide explanations for the delay in lodging their application with the Court, as well as copies of documents reflecting their correspondence with the authorities in connection with their relatives ’ abductions.
2. Having regard to:
- previous judgments in which violations of Article 2 of the Convention were found in respect of both the disappearances of applicants ’ relatives as a result of abduction by members of the security forces, as well as killing of the applicants ’ relatives perpetrated by members of the security forces and the failure to conduct an effective investigation of those incidents (see, among many examples, Dudayeva v. Russia , no. 67437/09, 8 December 2015 and Ort s uyeva and Others v. Russia , nos. 3340/08 and 24689/10, 22 November 2016); and
- the similarity of the present applications to the cases cited above, as can be seen from the applicants ’ submissions and the interim results of the investigation:
(a) Have the applicants made out a prima facie case that their relatives were apprehended by State agents and that the applicants ’ relative Mr Bekkhan Israilov in Israilovy v Russia (no. 71398/14) was killed by them?
(b) If so, can the burden of proof be shifted to the Government to provide a satisfactory and convincing explanation of the circumstances of the applicants ’ relatives ’ abduction, their ensuing disappearance (see Varnava and Others, cited above , §§ 183-84) as well as of the killing of Mr Bekkhan Israilov ? Are the Government in a position to rebut the applicants ’ allegations concerning the State agents ’ involvement in the abductions and the killing of Mr Bekkhan Israilov by submitting documents which are in their exclusive possession, or by providing by other means a satisfactory and convincing explanation of the events?
3. Has the right to life, as guaranteed by Article 2 of the Convention, been violated in respect of the applicants ’ missing relatives and Mr Bekkhan Israilov?
4. Having regard to the procedural protection of the right to life under Article 2 of the Convention (see Salman v. Turkey [GC], no. 21986/93, § 104, ECHR 2000-VII, Aslakhanova and Others v. Russia , nos. 2944/06, 8300/07, 50184/07, 332/08 and 42509/10, § 217, 18 December 2012 and Dudayeva, cited above, §§ 90-94), was the investigation conducted by the domestic authorities into the disappearance of the applicants ’ relatives and the killing of Mr Bekkhan Israilov sufficient to meet their obligation to carry out an effective investigation, as required by Article 2 of the Convention?
5. Has the applicants ’ mental suffering in connection with the disappearance of their close relatives and the authorities ’ alleged indifference in that respect and alleged failure to conduct an effective investigation thereof been sufficiently serious to amount to inhuman and degrading treatment, within the meaning of Article 3 of the Convention? If so, has there been a breach of Article 3 of the Convention in respect of the applicants?
6. Were the applicants ’ missing relatives deprived of their liberty within the meaning of Article 5 § 1 of the Convention? If so, was such a deprivation compatible with the guarantees of Article 5 §§ 1-5 of the Convention?
7. Did the applicants have at their disposal effective domestic remedies in respect of their complaints under Articles 2 and 3 of the Convention, as required by Article 13 of the Convention?
8. In accordance with the provisions of Article 38 of the Convention, the Government are requested to provide the following information:
(a) any information, supported by relevant documents, which is capable of rebutting the applicants ’ allegations that their missing relatives were abducted by State agents and that Mr Bekkhan Israilov was killed by them;
and , in any event,
(b) a complete list of all investigative actions taken in connection with the applicants ’ complaints regarding the disappearance of their missing relatives and the killing of Mr Bekkhan Israilov, in chronological order, indicating dates and the authorities involved, as well as a brief summary of the findings;
as well as:
(c) copies of those documents in the investigation file that are necessary for establishing the factual circumstances of the allegations and evaluating the effectiveness of the criminal investigation.
Appendix No. 1
App No.
Case Title
Information about the applicant
11499/14
Dzhalilov
v. Russia
First name
Surname
Sex
Year of birth
Address
Representative
Kinship to the abducted person(s)
Zayndi
DZHALILOV
M
1953Gudermes, Chechnya
Not legally represented
Husband
Information about the abducted person(s)
First Name
Surname
Sex
Year of birth
Suspected of terrorist activities
Criminal background
Official employment at the time of abduction
Serizha
DZHALILOVA
F
1960Suspected terrorist
No
No
Information about the circumstances of the abduction/detention of the abducted person(s)
Date of apprehension
Alleged reason thereof
Time and place of apprehension
Narrative of the facts
Relevant circumstances
Other factors
Alleged nature of operation
Information on abductors ’ identity
Places of detention
Any last known information about the abducted person(s)
06/01/2005
Identity check, suspected suicide bomber
The police checkpoint "Yarag-Kazlalyar", in the Derbent District, Dagestan
Arrested at the checkpoint during her shopping trip to Azerbaijan and taken to the headquarters of the Federal Security Service in Khankala ( Оперативное управление ФСБ России по координации проведения конттеррористической операции н.п. Ханкала ) on the following day.
Arrest at the checkpoint uncontested by the authorities. The FSB office in Khankala was closed in July 2005. All the documents were destroyed, the FSB officers who arrested the applicant ’ s wife never subjected to identification parade. The information about the involvement of the applicant ’ s wife in terrorist activity was not subsequently confirmed (see in the documents submitted by the Dagestan Investigations Committee on 30/03/2009).
N/A
Arrest of a suspected terrorist
Allegedly, the arrest was carried out by the officers of military unit no. 2087, that is by Colonel Ab., Lieutenant-colonel R., Major Is. and Captain B.
Checkpoint Yarag-Kazlalyar, Derbent District, Dagestan
N/A
Information about the applicant ’ s attempts to bring domestic proceedings in respect of the abduction/detention of the abducted person(s)
Date of introduction of criminal complaint
Dates of decisions to refuse to open the case
Date of the decision to open and the authority
Domestic criminal case number and corresponding article of the criminal code
Initial shortcomings in the investigation
Procedural behaviour of the applicant(s)
Brief description of the criminal investigation
Other relevant domestic proceedings
Shortly after the abduction
The applicant ’ s requests for investigation
lodged between 2005 and 2009 were transferred between various prosecutor ’ s offices in Dagestan and Chechnya
On 07/07/2011 by the Dagestan Investigations Committee in respect of unidentified perpetrators of the abduction.
Case No. 104 268, under Article 126 of the Criminal Code (abduction)
The applicant was informed about the opening of the investigation by a letter in 2014. He was not provided with a copy of the relevant decision.
Numerous complaints and requests for opening of the investigation were lodged by the applicant between 2005 and 2009, but to no avail. The applicant maintained regular contact with the authorities.
On 08/07/2011 the Military Investigators from the Makhachkala Garrison issued two refusals to initiate criminal proceedings against the suspected abductors Colonel Ab., Lieutenant-colonel R., Major Is. and Captain B.
On 13/07/2011 the Makhachkala Garrison Military Court upheld the refusal in respect of Captain B. Then on 15/07/2011 the same court upheld the refusal in respect of two other officers - Colonel Ab. and Major Is.
Is it unclear whether any appeals were lodged against the refusal to initiate investigation in respect of Lieutenant-colonel R.
By decision of a local court on 12/06/2007 the applicant ’ s wife was declared missing.
Appendix No. 2
App No.
Case Title
Information about the applicant(s)
67207/14
Magomadova and Others v. Russia
First Name
Surname
Sex
Year of birth
Address
Representative
Kinship to the abducted person(s)
Zara
MAGOMADOVA
F
1961Shali, Chechnya
Mothers of Chechnya (Materi Chechni)
Sister
Zhamil
MAGOMADOV
M
1963Brother
Dzhamlayla
MAGOMADOV
M
1967Brother
Movladi
MAGOMADOV
M
1979Brother
Information about the abducted person(s)
First name
Surname
Sex
Year of birth
Suspected of terrorist activities
Criminal Background
Official employment at the time of abduction
Aslan
MAGOMADOV
M
1977Suspected terrorist
N/A
Unknown
Information about the circumstances of the abduction/detention of the abducted person(s)
Date of apprehension
Alleged reason thereof
Time and place of apprehension
Narrative of the facts
Relevant circumstances
Alleged nature of operation
Information on abductors ’ identity
Places of detention
Any last known information about the abducted person(s)
21/03/2000
Membership in illegal armed groups
Evening, near the village of Goy-Chu, the Urus-Martan District, Chechnya
Mr Aslan MAGOMADOV went to Grozny on an errand and did not return. At the time military clashes between illegal armed groups and the federal military forces were taking place in the area. The applicant ’ s relative was later seen in Goy-Chu and appeared on a TV footage as one of the arrested members of illegal armed groups (video submitted to the Court)
Military clashes between the federal forces and the illegal armed groups in the area
N/A
N/A
N/A
Last seen on the TV as an arrested member of an illegal armed group in Goy-Chu
Information about the applicant ’ s attempts to bring domestic proceedings in respect of the abduction/detention of the abducted person(s)
Date of introduction of criminal complaint
Dates of decisions to refuse to open the case
Date of the decision to open and the authority
Domestic criminal case number and corresponding article of the criminal code
Initial shortcomings in the investigation
Procedural behaviour of the applicant(s)
Brief description of the criminal investigation
Other relevant domestic proceedings
26/07/2000
N/A
On 25/12/2000 by the Urus-Martan District Prosecutor ’ s Office
Criminal case No. 24101 under Art. 126 of the Criminal Code (abduction)
The criminal case was opened in 5 months after the disappearance was reported to the authorities
The incident reported within short time-frame; gap in communication with the authorities between September 2003 and July 2007
Multiple suspensions of the criminal investigation
Unsuccessful challenges of the lack of progress in the investigation under Article 125 of the Criminal Procedure Code: final decision of 01/07/2014 by the Chechnya Supreme Court
Appendix No. 3
App No.
Case Title
Information about the applicant(s)
71398/14
Israilovy v. Russia
First Name
Surname
Sex
Year of birth
Address
Representative
Kinship to the abducted person(s)
Ruket
ISRAILOVA
F
1982Noviy Tsentoroy, Chechnya
Mothers of Chechnya (Materi Chechni)
Daughter
Zelimkhan
ISRAILOV
M
1980Son
Yakub
ISRAILOV
M
2008Grandson
Yusup
ISRAILOV
M
2011Grandson
Zarema
ISRAILOVA
F
1977Daughter-in-law
Mata
ISRAILOVA
F
2007Granddaughter
Maryam
ISRAILOVA
F
2009Granddaughter
Manassa
ISRAILOVA
F
2013Granddaughter
Gulu
IZRAILOVA (in the documents submitted also spelt as ISRAILOVA)
F
1930Mother
Hava
ISRAILOVA
F
1957unknown
Information about the abducted person(s)
First Name
Surname
Sex
Year of birth
Suspected of terrorist activities
Criminal background
Official employment at the time of abduction
Nurdi
ISRAILOV
M
1953No
N/A
No
Information about the circumstances of the abduction/detention of the abducted person(s)
Date of apprehension
Alleged reason thereof
Time and place of apprehension
Narrative of the facts
Relevant circumstances
Other factors
Alleged nature of operation
Information on abductors ’ identity
Places of detention
Any last known information about the abducted person(s)
10/11/2002
Unknown
At 3 a.m. at house no. 9, Lesnaya Street, Noviy Tsentaroy, the Grozny District
On 10/11/2002 Mr Nurdi (also spelt as Nuri) ISRAILOV was abducted from his home; his son Mr Bekkhan (also spelt as Bekhan) ISRAILOV was shot dead during the abduction by the perpetrators.
A group of armed men in military uniforms and balaclavas speaking unaccented Russian arrived at the applicants ’ house in a UAZ military type van
Curfew, night-time
Unclear
N/A
N/A
N/A
Information about the applicant ’ s attempts to bring domestic proceedings in respect of the abduction/detention of the abducted person(s)
Date of introduction of criminal complaint
Dates of decisions to refuse to open the case
Date of the decision to open and the authority
Domestic criminal case number and corresponding article of the criminal code
Initial shortcomings in the investigation
Procedural behaviour of the applicant(s)
Brief description of the criminal investigation
Other relevant domestic proceedings
10/11/2002
N/A
10/11/2002, the Grozny District Prosecutor ’ s office
Case No. 56175 under Articles 105 (murder) and 126 of the Criminal Code (abduction)
N/A
Reporting the incident within short time-frame; gap in communication with the authorities between 2004 and 2012.
Multiple suspensions of the criminal investigation; the proceedings are still pending
Unsuccessful complaint under Article 125 of the Criminal Procedure Code regarding the last suspension of investigation in 2013: final decision of the Chechnya Supreme Court on 25/06/2014.
Appendix No. 4
App No.
Case Title
Information about the applicant
13653/15
Gereykhanova v. Russia
First name
Surname
Sex
Year of birth
Address
Representative
Kinship to the abducted person(s)
Yakhita
GEREYKHANOVA
F
1969Koshkeldy, Chechnya
Mr Saydalvi GULUYEV, a human-rights defender
Wife
Information about the abducted person(s)
First Name
Surname
Sex
Year of birth
Suspected of terrorist activities
Criminal background
Official employment at the time of abduction
Nogi
INDERBAYEV
M
1965No
No
No
Information about the circumstances of the abduction/detention of the abducted person(s)
Date of apprehension
Alleged reason thereof
Time and place of apprehension
Narrative of the facts
Relevant circumstances
Other factors
Alleged nature of operation
Information on abductors ’ identity
Places of detention
Any last known information about the abducted person(s)
03/07/2003
Unknown
Morning of 03/07/2003, in about one km from the village of Koshkeldy, the Gudermes district
Mr Nogi INDERVAYEV was a shepherd. He disappeared from the field leaving behind his herd of cattle. According to the locals, a military UAZ vehicle drove around in the vicinity on the date of the abduction.
N/A
No direct witnesses of the abduction.
N/A
N/A
N/A
The applicant ’ s husband left his house for work at 7 a.m. on 03/07/2017, has been missing since
Information about the applicant ’ s attempts to bring domestic proceedings in respect of the abduction/detention of the abducted person(s)
Date of introduction of criminal complaint
Dates of decisions to refuse to open the case
Date of the decision to open and the authority
Domestic criminal case number and corresponding article of the criminal code
Initial shortcomings in the investigation
Procedural behaviour of the applicant(s)
Brief description of the criminal investigation
Other relevant domestic proceedings
On 09/07/2003, upon the applicant ’ s complaint, the Gudermes district police station opened a search file no. 063032
On 28/10/2004 the Gudermes district prosecutor ’ s office refused to open a criminal case
On 15 October 2005 by the Gudermes district prosecutor ’ s office
Case No. 45117, Article 105 of Criminal Code of Russia (murder)
N/A
The applicant maintained contact with various authorities.
Investigation was suspended and resumed on several occasions; the last decision to resume the proceedings was taken on 22/02/2015.
Mr Nogi INDERBAYEV ’ s death certificate issued in 2008
Appendix No. 5
App No.
Case Title
Information about the applicant(s)
64246/16/16
Tasukhanov v. Russia
First name
Surname
Sex
Year of birth
Address
Representative
Kinship to the abducted person(s)
Rustam
TASUKHANOV
M
1974Pravo berezhnoye village, Grozny District, Chechnya
Mothers of Chechnya (Materi Chechni)
Brother
Information about the abducted person(s)
First Name
Surname
Sex
Year of birth
Suspected of terrorist activities
Criminal Background
Official employment at the time of abduction
Shamu
TASUKHANOV
M
1977No
N/A
No
Information about the circumstances of the abduction/detention of the abducted person(s)
Date of apprehension
Alleged reason thereof
Time and place of apprehension
Narrative of the facts
Relevant circumstances
Other factors
Alleged nature of operation
Information on abductors ’ identity
Places of detention
Any last known information about the abducted person(s)
24/11/2002
Unknown
Mr. Shamu TASUKHANOV abducted from his house in the Pravoberezhnoye village, at 4 a.m. on the night between 24 and 25/11/2002
A group of armed military servicemen in balaclavas and uniforms; who spoke unaccented Russian, arrived in an armored personnel carrier (APC) and a Ural lorry. They took Mr Tasukhanov and his passport away with them.
Military vehicle used- the APC and the URAL lorry
Curfew
Unclear
Acted openly, without fear of being apprehended, used physical force and were well-organised
N/A
N/A
Information about the applicant ’ s attempts to bring domestic proceedings in respect of the abduction/detention of the abducted person(s)
Date of introduction of criminal complaint
Dates of decisions to refuse to open the case
Date of the decision to open and the authority
Domestic criminal case number and corresponding article of the criminal code
Initial shortcomings in the investigation
Procedural behaviour of the applicant(s)
Brief description of the criminal investigation
Other relevant domestic proceedings
25/11/2002
N/A
10/12/2002; upon the request of the applicant ’ s late mother
Case No. 56188 opened under Article 126 of the Criminal Code (abduction)
Inaction of the investigation criticized by the local courts
The applicant explains the gaps in communication with the authorities by submitting that his parents death precluded him from contracting the investigation on regular basis.
The investigation suspended on 10/02/2003, then resumed on 19/11/2004. Again suspended on 14/12/2004; resumed on 06/11/2008; suspended on 07/12/2008; resumed on 16/11/2013; suspended on 21/11/2013; resumed on 20/02/2013; suspended on 25/02/2013 and then resumed on 18/08/2015
Appeals against the investigators ’ inaction: on 01/06/2016 the Chechnya Supreme Court found the investigators ’ inaction unlawful.
Civil proceedings: the applicant ’ s claim for non-pecuniary damages was dismissed at final instance on 25/02/2014 by the Chechnya Supreme Court.
Appendix No. 6
App No.
Case Title
Information about the applicant(s)
3634/17
Dadayeva and Others v. Russia
First name
Surname
Sex
Year of birth
Address
Representative
Kinship to the abducted person(s)
Rozeta
DADAYEVA
F
1977Grozny, Chechnya
Mothers of Chechnya (Materi Chechni)
Wife
Ayshat
DUDARKAYEVA
F
2003Daughter
Mokhammad
DUDARKAYEVA
M
2002Son
Information about the abducted person(s)
First Name
Surname
Aliases
Sex
Year of birth
Suspected of terrorist activities
Criminal background
Official employment at the time of abduction
Said-Khasan
DUDARKAYEV
From the documents submitted it transpires that the abducted person was also known as Saidkhasan DUDARKAYEV, Said ‑ Khasan DUDURKAYEV and Akhmed DUDURKAYEV
M
1977No
No
No
Information about the circumstances of the abduction/detention of the abducted person(s)
Date of apprehension
Alleged reason thereof
Time and place of apprehension
Narrative of the facts
Relevant circumstances
Other factors
Alleged nature of operation
Information on abductors ’ identity
Places of detention
Any last known information about the abducted person(s)
22/10/2003
Identified by someone during an identification parade in Grozny
Around 6 p.m. on 22/10/2003, the Pobedinskoye village, Grozny District
Mr Said-Khasan DUDARKAYEV and his brother Mr Said-Rakhmad (also spelt as Said-Rakhman) DUDARKAYEV were abducted from their house. A group of armed men in uniforms broke in and took them away. A neighbor saw the military-type UAZ vehicle driven by the abductors. According to Said-Rakhmad DUDARKAYEV, they were taken to an unidentified location in the vicinity of Grozny and subjected to an identification parade. After that Said-Khasan was taken away in a different vehicle. Said-Rakhmad DUDARKAYEV was released and returned home.
A group of 9 to 10 armed men in balaclavas and uniforms; abduction lasted 10-15 minutes; UAZ van vehicle
N/A
Identity check
N/A
N/A
According to the brother of the abducted, they were taken to an unidentified location in the vicinity of Grozny for an identification parade.
Information about the applicant ’ s attempts to bring domestic proceedings in respect of the abduction/detention of the abducted person(s)
Date of introduction of criminal complaint
Dates of decisions to refuse to open the case
Date of the decision to open and the authority
Domestic criminal case number and corresponding article of the criminal code
Initial shortcomings in the investigation
Procedural behavior of the applicant(s)
Brief description of the criminal investigation
Other relevant domestic proceedings
Prior to 19/09/2004
N/A
13/11/2003, Grozny District Prosecutor ’ s Office; initiated upon the request of the mother of the abducted
Case No. 42193, under Article 126 of the Criminal Code (abduction)
N/A
Incident reported within short time-frame; regular contact with the authorities, a gap in communication with them between 2012 and 2014
Several suspensions of the criminal investigation. The last suspension took place on 24/05/2016. The proceedings are pending.
The applicants unsuccessfully complained of the investigation ’ s shortcomings under Article 125 of the Criminal Procedure Code. Final decision of the Chechnya Supreme Court on 28/06/2016.