Illegal and excessive use of force by police officers and ineffective investigation into the death of a woman by police gun fire violated the right to life.
JUDGMENT
Baysultanov v. Russia 04.02.2020 (no. 56120/13)
SUMMARY
The case concerned a police operation to detain the leader of an illegal armed group, which resulted
in the applicant’s wife being killed and the applicant being wounded.
The Court found in particular that the Government had not proved that the police use of lethal force
had been absolutely necessary. The investigation had been ineffective because, among other things,
it had failed to resolve the contradiction in each side’s account of the events: the police had said that
the applicant or his wife had opened fire first, which they denied.
PROVISION
Article 2
PRINCIPAL FACTS
The applicant, Gasan Mamatovich Baysultanov, is a Russian national who was born in 1981 and lives
in Khasavyurt.
In November 2006 law-enforcement authorities in the Russian republic of Dagestan planned an
operation to seize a military leader of an illegal armed group, allegedly a former colleague of the
applicant’s who was believed to be hiding at his home in Khasavyurt. The raid was carried out by
police officers.
As the operation began the police opened fire on the applicant and his wife, Saniyat Magomedova,
and a grenade also exploded. Ms Magomedova was killed and the applicant was injured.
In March 2007 he was acquitted of membership of an illegal armed group and of attacking police
officers but was given a sentence of 18 months in a correctional colony for unlawful possession of
firearms after a Kalashnikov was found at the scene, which had allegedly belonged to him. The court
found in particular that four police officers had given false statements about the applicant and his
wife opening fire first. The applicant denied owning a Kalashnikov.
The applicant complained to the authorities about the incident, saying the police had used lethal
force when it had not been necessary. In June 2009 a criminal case was opened but the investigation
was closed and resumed several times. It was finally closed in September 2013 as investigators
found that the applicant or his wife had fired first on the police with the Kalashnikov and the police
had then returned fire.
