Ineffective investigation into the identification of 21 military-assassinated and the summon to justice of the people responsible for the deaths violates the right to life
JUDGMENT
Khadzhimuradov and others v. Russia 10/10/2017 (no. 21194/09, 21200/09, 24693/09, 24700/09, 27063/09, 27064/09, 27159/09, 27259/09, 30531/09, 30538/09, 30578/09, 32851/09, 32855/09, 32862/09, 32992/09, 18777/10 and 22304/10)
SUMMARY
Military operation resulting in the death of special forces members. Allegations of the relatives about an ineffective investigation of the identification of the dead and that there had been no effective investigation which would have identified and brought to justice the people responsible for the deaths of their family members. Violation of the right to life.
PROVISION
Article 2
PRINCIPAL FACTS
The applicants are 20 Russian nationals, the majority of whom live in Grozny (the Chechen Republic, Russia). Two applicants live in Belgium. The case principally concerned their complaint that their relatives had been killed during a special operation by State servicemen and that there had been no effective investigation into those killings.
According to the applicants, 21 of their relatives (spouses, children, brothers and an uncle) were killed in an operation carried out by, in particular, State servicemen of a police special task unit on 5 February 2000 in the Novye Aldy settlement on the outskirts of Grozny.
A criminal investigation into the murders was opened on 5 March 2000 by the Grozny town prosecutor’s office. Over the years, the applicants or close members of their families were granted victim status in the proceedings, which were adjourned and resumed a number of times and are still ongoing.
The applicants’ submissions as to the events of 5 February 2000 are related to another case previously decided by the European Court of Human Rights, Musayev and Others v. Russia (nos. 57941/00 and two other applications, see Chamber judgment of 26 July 2007), in so far as the applicants allege that their relatives were killed by the same persons and in the same circumstances as the relatives of the applicants in that case.
Relying in particular on Article 2 (right to life), the applicants complained that their relatives had been killed in the incident of 5 February 2000 and that there had been no effective investigation which would have identified and brought to justice the people responsible for the deaths of their family members.
THE DECISION OF THE COURT
Violation of Article 2 (investigation) – in respect of the authoritie’s failure to conduct an effective investigation into the deaths of the applicants’ relatives after November 2007
Just satisfaction:
– in respect of non-pecuniary damage: EUR 15,000 jointly to Ibragim Musayev and Zoya Musayeva ; EUR 15,000 each to Ruslan Khadzhimuradov, Birlant Beterakhmadova, Alpatu Khirikhanova, Rashid Gerikhanov, Birland Tasuyeva, Baret Shamsatova, Manshura Sugaipova, Abulkhasan Khaydayev, Madina Dzhamaldayeva, Elina Umarkhadzhiyeva, Malika Ganayeva, Osman Kudozov, Aset Khakimova, Yakhita Bishayeva, Ayset Musostova, Yakhita Dzhabrailova, Khalid Goytayev and Olga Soltykhanova;
– in respect of costs and expenses: EUR 2,500 to the applicants jointly(echrcaselaw.com editing)
