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1222 RUS Khashiyev H/Exec Disappearance Cases Table

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1222 RUS Khashiyev H/Exec Disappearance Cases Table DIRECTORATE GENERAL HUMAN RIGHTS AND RULE OF LAW DIRECTORATE OF HUMAN RIGHTS DEPARTMENT FOR THE EXECUTION OF JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS H/Exec(2015)5 – 3 February 2015 ——————————————— Khashiyev and Akayeva v. Russian Federation (No. 57942/00) group of cases Overview of the Court’s judgments concerning enforced disappearances in the North Caucasus Memorandum prepared by the Department for the Execution of Judgments of the European Court of Human Rights ——————————————— The opinions expressed in this document are binding on neither the Committee of Ministers nor the European Court. This document contains an overview of the judgments delivered by the European Court against the Russian Federation concerning enforced disappearances in the North Caucasus between 1999 and 2006 (Khashiyev and Akayeva group of cases). It also indicates the fate of the disappeared persons, where known, at the time of the examination by the European Court. 1 http://www.coe.int/t/dghl/monitoring/execution/ 2 Case name Disappeared Facts as established by the Criminal investigation file, as Fate of disappeared persons Violations Application no. persons (name Court noted in the Court’s judgment as indicated in the Court’s found Date of definitive and year of birth) judgments (where known) judgment Bazorkina Mr Khadzhi-Murat The applicant’s son was Case no. 19112 opened on 14 July Unknown. Art. 2 69481/01 Yandiyev (1975) detained on 2 February 2000 2001 by the Chechnya Prosecutor’s (substantive 11/12/2006 by State servicemen during a Office under Article 126 § 2 of the and counter-terrorist operation in Criminal Code (aggravated procedural), the village of Alkhan-Kala kidnapping). Art. 3, (Chechnya). Art. 5, Art. 13 Imakayeva Mr Said-Khuseyn Said-Khuseyn Imakayev was Case no. 23001 opened on 4 Unknown. Art. 2 7615/02 Imakayev (1977) detained on 17 December January 2001 by the Shali district (substantive 09/02/2007 2000 by State servicemen at a prosecutor's office into the and Mr Said-Magomed roadblock between the villages abduction of Said-Khuseyn procedural), Imakayev (1955) of Starye Atagi and Novye Imakayev under Article 126 § 2 of Art. 3, Atagi (Chechnya). the Criminal Code (aggravated Art. 5, kidnapping). Art. 8, Said-Magomed Imakayev was Art. 13 abducted on 2 June 2002 by Case no. 59140 opened on 28 June State servicemen from his 2002 by the Shali district house in Novye Atagi prosecutor’s office into the (Chechnya). kidnapping of Said-Magomed under Article 126 § 2 of the Criminal Code (aggravated kidnapping). Luluyeva and others Ms Nura Luluyeva Nura Luluyeva, along with her Case no. 12073 opened on 23 June On 24 February 2001, the body Art. 2 69480/01 (1960) two cousins, Markha Gakayeva 2000 by the Grozny Town of Nura Luluyeva was found in a (substantive 09/02/2007 and Raysa Gakayeva (see Prosecutor's Office into the mass grave in “Zdorovye”, an and Gakayeva and others, no. abduction of Nura Luluyeva and abandoned holiday village on procedural), 56745/08) were abducted on 3 other persons under Article 126 § 2 the outskirts of Grozny, less Art. 3, June 2000 by servicemen in of the Criminal Code (aggravated than one kilometre from Art. 5, the market place at kidnapping). Khankala, the headquarters of Art. 13 Mozdokskaya Street in the the Russian military forces in northern part of Grozny Chechnya. In total, there were (Chechnya). 47 bodies, all in an advanced stage of decomposition. According to the forensic report, Nura Luluyeva's death was caused by a multiple comminuted skull fracture, which was inflicted by a blunt solid object. Baysayeva Mr Shakhid The applicant’s husband was Case no. 12048 opened on 10 May Unknown. Art. 2 74237/01 Baysayev (1939) detained on 2 March 2000 by 2000 by the Grozny Town (substantive 3 Case name Disappeared Facts as established by the Criminal investigation file, as Fate of disappeared persons Violations Application no. persons (name Court noted in the Court’s judgment as indicated in the Court’s found Date of definitive and year of birth) judgments (where known) judgment 24/09/2007 servicemen in the village of Prosecutor's Office under Article and Podgornoye (Chechnya). 126 § 2 of the Criminal Code procedural), (aggravated kidnapping). Art. 3, Art. 5, Art. 13, Art. 38 § 1 (a) Akhmadova and Mr Shamil Shamil Akhmadov was Case no. 45031 opened on 23 In late April 2002, the body of Art. 2 Sadulayeva Akhmadov detained on 12 March 2001 by March 2001 by the Argun District Shamil Akhmadov with gunshot (substantive 40464/02 (1975) State servicemen on a street in Prosecutor's Office under Article wounds was discovered in a and 12/11/2007 Argun (Chechnya). 126 § 2 of the Criminal Code field outside Argun. procedural), (aggravated kidnapping). Art. 3, Art. 5, Art. 13, Art. 38 § 1 (a) Alikhadzhiyeva Mr Ruslan Ruslan Alikhadzhiyev, a Case no. 22025 opened on 27 July Unknown. Art. 2 68007/01 Alikhadzhiyev speaker of Chechen parliament 2000 by the Shali District (substantive 30/01/2008 (1961) between 1997 and 1999, was Prosecutor's Office under Article and abducted on 17 May 2000 by 126 § 2 of the Criminal Code procedural), servicemen from his home in (aggravated kidnapping). Art. 3, Shali (Chechnya). Art. 5, Art. 13 Khamila Isayeva Mr Sultan Isayev Sultan Isayev was abducted on Case no. 19051 opened on 4 May Unknown. Art. 2 6846/02 (1961) 29 April 2001 by State 2001 by the Grozny District (substantive 02/06/2008 servicemen from his parents’ Prosecutor's Office under Article and house in Alkhan-Kala in the 126 § 2 of the Criminal Code procedural), Grozny District (Chechnya) (aggravated kidnapping). Art. 3, during a special operation. Art. 5, Art. 13, Art. 38 § 1 (a) Kukayev Mr Aslanbek The applicant's son was Case no. 12332 opened on 13 On 22 April 2001, Aslanbek Art. 2 29361/02 Kukayev (1976) detained on 26 November December 2000 by the Grozny Kukayev and D.’s bodies with (substantive 02/06/2008 2000 by State servicemen at prosecutor's office under Article 126 signs of a violent death were and the Grozny central market § 2 of the Criminal Code found in the basement of Grozny procedural), (Chechnya). (aggravated kidnapping). Educational College in Art. 3, Ordzhonikidze Avenue, Grozny. Art. 13, Art. 38 § 1 (a) Magomadov and Mr Ayubkhan Ayubkhan Magomadov was Case no. 38305 opened on 9 Unknown. Art. 2 Magomadov Magomadov (1969) abducted on 2 October 2000 December 2000 by the Kurchaloy (substantive 68004/01 by State servicemen from his District Prosecutor's Office under and 31/03/2008 house in Kurchaloy Article 127 of the Criminal Code procedural), 4 Case name Disappeared Facts as established by the Criminal investigation file, as Fate of disappeared persons Violations Application no. persons (name Court noted in the Court’s judgment as indicated in the Court’s found Date of definitive and year of birth) judgments (where known) judgment (Chechnya). (unlawful deprivation of liberty). Art. 3 (on account of the applicants’ suffering), Art. 5 Musayeva and others Mr Ali Musayev The applicants’ relatives were Case no. 24047 opened on 18 On 13 September 2000, Ali Art. 2 74239/01 (1972) abducted by servicemen on 8 October 2000 by the Urus-Martan Musayev’s and Umar Musayev’s (substantive 31/03/2008 August 2000 from their house prosecutor's office into the bodies with signs of a violent and Mr Umar Musayev in Gekhi, Urus-Martan District abduction of Ali and Umar Musayev death were exhumed on a burial procedural), (1977) (Chechnya). under Article 126 § 2 of the site near the cemetery of Gekhi. Art. 3, Criminal Code (aggravated Art. 5, kidnapping). Art. 13, Art. 38 § 1 (a) Akhiyadova Mr Magomed The applicant’s relatives were Case no. 73040 opened on 18 June Unknown. Art. 2 32059/02 Khumaidov (1977) abducted on 13 February 2002 2002 by the Vedeno district (substantive 01/12/2008 by State servicemen from their prosecutor’s office into the and Mr Kharon house in the village of disappearance of Magomed and procedural), Khumaidov Makhkety, the Vedeno District Kharon Khumaidov under Article Art. 3, (1932) (Chechnya). 126 § 2 of the Criminal Code Art. 5, (aggravated kidnapping). Art. 13, Art. 38 § 1 (a) Atabayeva and others Mr Ramzan Ramzan Kukuyev was Case no. 37061 opened on 25 Unknown. Art. 2 26064/02 Kukuyev (1966) abducted by servivcemen on 3 November 2001 by the Vedeno (substantive 01/12/2008 May 2001 from his house in district prosecutor’s office under and Tsa-Vedeno (Chechnya). Article 126 § 2 of the Criminal Code procedural), (aggravated kidnapping). Art. 5, Art. 13, Art. 38 § 1 (a Aziyevy Mr Lom-Ali Aziyev The applicants’ sons were Case no. 12200 opened on 29 Unknown. Art. 2 77626/01 (1973) abducted by servicemen on 24 September 2000 by the Grozny (substantive 29/09/2008 September 2000 from their prosecutor’s office under Article and Mr Umar-Ali Aziyev house in Grozny (Chechnya). 126 § 2 of the Criminal Code procedural), (1974) (aggravated kidnapping). Art. 3 (on account of the applicants’ suffering), Art. 5, Art. 13, Art. 38 § 1 (a) Betayev and Betayeva Mr Lecha Betayev The applicants’ sons were Case no. 34053 opened on 1 May Unknown. Art. 2 5 Case name Disappeared Facts as established by the Criminal investigation file, as Fate of disappeared persons Violations Application no. persons (name Court noted in the Court’s judgment as indicated in the Court’s found Date of definitive and year of birth) judgments (where known) judgment 37315/03 (1981) abducted on 26 April 2003 by 2003 by the prosecutor's office of (substantive 01/12/2008 State servicemen from their the Urus-Martan District under and Mr Ibragim Betayev house in Goyty (Chechnya).
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