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1259 RUS Khashiyev H/Exec Disappearance Cases Table

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1259 RUS Khashiyev H/Exec Disappearance Cases Table DIRECTORATE OF HUMAN RIGHTS DEPARTMENT FOR THE EXECUTION OF JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS H/Exec(2016)5 – 25 May 2016 ——————————————— 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 and the information provided by the Russian authorities as regards the measures taken to establish the fate of missing persons 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 or 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, as well as the information provided by the Russian authorities as regards the measures taken to establish the fate of the missing persons (see DH- DD(2016)556, received on 26 April 2016). Site ► www.coe.int/execution 1 Case name Disappeared Facts as established by Criminal investigation Fate of disappeared Violations Information provided Application no. persons the Court file, as noted in the persons as indicated in found by the Russian Date of definitive (name and Court’s judgment the Court’s judgments authorities on the judgment year of birth) (where known) measures taken to establish the fate Bazorkina Mr Khadzhi- The applicant’s son was Case no. 19112 opened Unknown. Art. 2 69481/01 Murat detained on 2 February on 14 July 2001 by the (substantive 11/12/2006 Yandiyev 2000 by State servicemen Chechnya Prosecutor’s and (1975) during a counter-terrorist Office under Article 126 § procedural), operation in the village of 2 of the Criminal Code Art. 3, Alkhan-Kala (Chechnya). (aggravated kidnapping). Art. 5, Art. 13 Imakayeva Mr Said- Said-Khuseyn Imakayev Case no. 23001 opened Unknown. Art. 2 7615/02 Khuseyn was detained on 17 on 4 January 2001 by the (substantive 09/02/2007 Imakayev December 2000 by State Shali district prosecutor’s and (1977) servicemen at a roadblock office into the abduction of procedural), between the villages of Said-Khuseyn Imakayev Art. 3, Mr Said- Starye Atagi and Novye under Article 126 § 2 of Art. 5, Magomed Atagi (Chechnya). the Criminal Code Art. 8, Imakayev (aggravated kidnapping). Art. 13 (1955) Said-Magomed Imakayev was abducted on 2 June Case no. 59140 opened 2002 by State servicemen on 28 June 2002 by the from his house in Novye Shali district prosecutor’s Atagi (Chechnya). office into the kidnapping of Said-Magomed under Article 126 § 2 of the Criminal Code (aggravated kidnapping). Luluyeva and Ms Nura Nura Luluyeva, along with Case no. 12073 opened On 24 February 2001, the Art. 2 others Luluyeva her two cousins, Markha on 23 June 2000 by the body of Nura Luluyeva was (substantive 69480/01 (1960) Gakayeva and Raysa Grozny Town Prosecutor’s found in a mass grave in and 09/02/2007 Gakayeva (see Gakayeva Office into the abduction of “Zdorovye”, an abandoned procedural), and others, no. 56745/08) Nura Luluyeva and other holiday village on the Art. 3, were abducted on 3 June persons under Article 126 outskirts of Grozny, less Art. 5, 2000 by servicemen in the § 2 of the Criminal Code than one XXXilometer from Art. 13 market place at (aggravated kidnapping). Khankala, the Mozdokskaya Street in the headquarters of the northern part of Grozny Russian military forces in (Chechnya). Chechnya. In total, there were 47 bodies, all in an advanced stage of decomposition. According to the forensic report, Nura 2 Case name Disappeared Facts as established by Criminal investigation Fate of disappeared Violations Information provided Application no. persons the Court file, as noted in the persons as indicated in found by the Russian Date of definitive (name and Court’s judgment the Court’s judgments authorities on the judgment year of birth) (where known) measures taken to establish the fate Luluyeva’s death was caused by a multiple comminuted skull fracture, which was inflicted by a blunt solid object. The body was buried by relatives on 5 March 2001. Baysayeva Mr Shakhid The applicant’s husband Case no. 12048 opened Unknown. Art. 2 A molecular genetic 74237/01 Baysayev was detained on 2 March on 10 May 2000 by the (substantive forensic examination of 24/09/2007 (1939) 2000 by servicemen in the Grozny Town Prosecutor’s and the DNA samples of the village of Podgornoye Office under Article 126 § procedural), relatives of S.Baysayev (Chechnya). 2 of the Criminal Code Art. 3, was scheduled for 5 (aggravated kidnapping). Art. 5, June 2015 (the results Art. 13, have not yet been Art. 38 § 1 (a) received) Akhmadova and Mr Shamil Shamil Akhmadov was Case no. 45031 opened In late April 2002, the body Art. 2 Sadulayeva Akhmadov detained on 12 March 2001 on 23 March 2001 by the of Shamil Akhmadov with (substantive 40464/02 (1975) by State servicemen on a Argun District Prosecutor’s gunshot wounds was and 12/11/2007 street in Argun (Chechnya). Office under Article 126 § discovered in a field procedural), 2 of the Criminal Code outside Argun. The Art. 3, (aggravated kidnapping). remains were buried by Art. 5, relatives on 1 May 2002. Art. 13, Art. 38 § 1 (a) Alikhadzhiyeva Mr Ruslan Ruslan Alikhadzhiyev, a Case no. 22025 opened Unknown. Art. 2 68007/01 Alikhadzhiyev speaker of Chechen on 27 July 2000 by the (substantive 30/01/2008 (1961) parliament between 1997 Shali District Prosecutor’s and and 1999, was abducted on Office under Article 126 § procedural), 17 May 2000 by 2 of the Criminal Code Art. 3, servicemen from his home (aggravated kidnapping). Art. 5, in Shali (Chechnya). Art. 13 Khamila Isayeva Mr Sultan Sultan Isayev was Case no. 19051 opened Unknown. Art. 2 6846/02 Isayev (1961) abducted on 29 April 2001 on 4 May 2001 by the (substantive 02/06/2008 by State servicemen from Grozny District and his parents’ house in Prosecutor’s Office under procedural), Alkhan-Kala in the Grozny Article 126 § 2 of the Art. 3, District (Chechnya) during a Criminal Code (aggravated Art. 5, special operation. kidnapping). Art. 13, Art. 38 § 1 (a) Kukayev Mr Aslanbek The applicant’s son was Case no. 12332 opened On 22 April 2001, Art. 2 3 Case name Disappeared Facts as established by Criminal investigation Fate of disappeared Violations Information provided Application no. persons the Court file, as noted in the persons as indicated in found by the Russian Date of definitive (name and Court’s judgment the Court’s judgments authorities on the judgment year of birth) (where known) measures taken to establish the fate 29361/02 Kukayev detained on 26 November on 13 December 2000 by Aslanbek Kukayev and (substantive 02/06/2008 (1976) 2000 by State servicemen the Grozny prosecutor’s D.’s bodies with signs of a and at the Grozny central office under Article 126 § 2 violent death were found in procedural), market (Chechnya). of the Criminal Code the basement of Grozny Art. 3, (aggravated kidnapping). Educational College in Art. 13, Ordzhonikidze Avenue, Art. 38 § 1 (a) Grozny. The body was buried by relatives on 23 April 2001. Magomadov and Mr Ayubkhan Ayubkhan Magomadov was Case no. 38305 opened Unknown. Art. 2 On 25 February 2011 a Magomadov Magomadov abducted on 2 October on 9 December 2000 by (substantive molecular genetic 68004/01 (1969) 2000 by State servicemen the Kurchaloy District and forensic examination of 31/03/2008 from his house in Kurchaloy Prosecutor’s Office under procedural), the DNA samples of the (Chechnya). Article 127 of the Criminal Art. 3 (on relatives of Code (unlawful deprivation account of the A.Magomadov was of liberty). applicants’ performed. suffering), Art. 5 Musayeva and Mr Ali The applicants’ relatives Case no. 24047 opened On 13 September 2000, Ali Art. 2 others Musayev were abducted by on 18 October 2000 by the Musayev’s and Umar (substantive 74239/01 (1972) servicemen on 8 August Urus-Martan prosecutor's Musayev’s bodies with and 31/03/2008 2000 from their house in office into the abduction of signs of a violent death procedural), Mr Umar Gekhi, Urus-Martan District Ali and Umar Musayev were exhumed on a burial Art. 3, Musayev (Chechnya). under Article 126 § 2 of site near the cemetery of Art. 5, (1977) the Criminal Code Gekhi. The bodies were Art. 13, (aggravated kidnapping). buried by relatives on the Art. 38 § 1 (a) same day. Akhiyadova Mr Magomed The applicant’s relatives Case no. 73040 opened Unknown. Art. 2 On 1 June 2011 a 32059/02 Khumaidov were abducted on 13 on 18 June 2002 by the (substantive molecular genetic 01/12/2008 (1977) February 2002 by State Vedeno district and forensic examination of servicemen from their prosecutor’s office into the procedural), the relatives of M. Mr Kharon house in the village of disappearance of Art. 3, Khumaidov and K. Khumaidov Makhkety, the Vedeno Magomed and Kharon Art. 5, Khumaidov was (1932) District (Chechnya). Khumaidov under Article Art. 13, conducted. 126 § 2 of the Criminal Art. 38 § 1 (a) Code (aggravated kidnapping). Atabayeva and Mr Ramzan Ramzan Kukuyev was Case no. 37061 opened Unknown. Art. 2 On 26 August 2014 a others Kukuyev abducted by servivcemen on 25 November 2001 by (substantive molecular genetic 4 Case name Disappeared Facts as established by Criminal investigation Fate of disappeared Violations Information provided Application no.
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