Document - Russian Federation: Court finds Russian authorities negligent
Further information on UA: 160/11 Index: EUR 46/001/2013 Russia Date: 25 January 2013
COURT FINDS RUSSIAN AUTHORITIES NEGLIGENT
Tamerlan Dokuvich Suleimanov's whereabouts remain unknown, but the European Court of Human Rights has found that the Russian authorities violated his rights, in response to a complaint bought by his father, and ordered them to pay compensation.
The European Court of Human Rights (ECtHR), whose judgements are binding on Russia, reached its judgment on 22 January, in response to a complaint brought by Tamerlan Dokuvich Suleimanov's father under Article 34 of the European Convention on Human Rights (ECHR). It found Russia was in violation of the ECHR in the case of Tamerlan Dokuvich Suleimanov, who was abducted on 9 May 2011 by a group of armed men. He was seen being taken from a car repair garage where he worked, in the Chechen capital, Grozny.
After government investigations failed to locate his son, Doku Suleimanov had applied to the ECtHR for "interim measures" under Rule 39 of the Rules of Court – he had learned that Tamerlan was detained at a "base" in the village of Yalkhoi-Mohk, in Chechnya's Kurchaloy district. The ECtHR ordered the Russian Federation to grant Chechen investigators access to all the bases in Yaloy-Mohk, and enquired whether Tamerlan was or had been detained at that base. However, according to the court's 22 January judgment, the police stations where Tamerlan was assumed to have been held were only examined weeks later, the visits made without the appropriate experts, and officers suspected of complicity in the abduction taking part, contrary to the principles of independent investigations.
Please write immediately in Russian, English or your own language:
Urging the authorities to address the shortcomings, identified by the European Court of Human Rights judgment of 22 January, in their investigations into the enforced disappearance of Tamerlan Suleimanov;
Calling on them to order a prompt, impartial and full investigation into the enforced disappearance of Tamerlan Suleimanov;
Urging them to release Tamerlan Suleimanov, if he is in their custody, or else charge him with a recognizably criminal offence and give him access to a lawyer of his choosing.
PLEASE SEND APPEALS BEFORE 8 MARCH 2013 TO:
Minister of Interior
Vladimir Aleksandrovich Kolokoltsev
Ministry of Interior
ul. Zhitnaia, 16
Fax: + 7 499 237 49 25
Salutation: Dear Minister
Chairman, Investigation Committee Aleksandr Bastrykin
Technicheskii per. 2
Fax: +7 495 265 90 77
Salutation: Dear Chairman
And copies to:
Minister of Interior, Chechen Republic Colonel General Ruslan Alkhanov
Ministry of Interior, Chechen Republic
Prospekt im. Kh. Isaeva d. 21
364051 Groznyi, Russian Federation
Fax: +7 8712 62 40 29
Email, via website: http://www.mvdchr.ru/rus/obsh/1.html#8�
Also send copies to diplomatic representatives accredited to your country
Please check with your section office if sending appeals after the above date. This is the first update of UA 160/11. Further information: http://amnesty.org/en/library/info/EUR46/023/2011/en
COURT FINDS RUSSIAN AUTHORITIES NEGLIGENT
Amnesty International has been aware for some years of a complete lack of political will and practical ability to conduct full and thorough investigations into human rights violations in Chechnya in which members of the police and other law enforcement bodies have been implicated. Many victims of human rights violations in the Chechen Republic have told Amnesty International that during investigations into crimes such as enforced disappearance or extrajudicial execution, members of law enforcement bodies are not questioned and no proper investigation of their involvement is conducted.
The ECtHR has delivered 189 judgments in cases brought by residents of Chechnya concerning the events of 1999-2006 (commonly known as "the second Chechen conflict", as it followed a lull in fighting that had begun in 1994) and the crimes committed by the officers of the federal security forces. The case of Suleymanov v. Russia is the first that concerns a crime committed in Chechnya after the establishment of personal rule by Ramzan Kadyrov, son of Chechen leader Ahmad Kadyrov, assassinated in 2004. Suleymanov v. Russia is apparently the first case where Rule 39 has been used over abductions in the North Caucasus. It sets an important precedent, which widens the scope of the Court’s application of provisional measures.
Name: Tamerlan Dokuvich Suleimanov
Further information on UA: 160/11 Index: EUR 46/001/2013 Issue Date: 25 January 2013