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The European Court communicated application with regard to obscure disappearance of a citizen from Grozny

News

09 July 2019
Aslanbek Saydakhmadov

The European Court of Human Rights posed some questions to the Russian authorities with regard to obscure disappearance and possible death of Aslanbek Saydakhmadov in 2009 in the Chechen Republic.

As we have previously reported, on 11 April 2012 Mariya Malayeva applied to Joint Mobile Group of human rights defenders, working in the Chechen Republic (JMG) for legal assistance. She reported that on 3 August 2009 two unknown young men took her son Aslanbek from her apartment. To her question where he was taken, the response was that the point of destination is the Department of the Interior of the Leninsky District of Grozny. Mariya's neighbors saw armed men arrived on two Russian-made vehicles, put Aslanbek in one of the cars and left in unknown direction.

On the same day Mariya applied to the Ministry of the Interior and the Prosecutor's Office with a complaint about the kidnapping of her son. However, the criminal case based on this fact was initiated only on 14 August. Later on it was suspended repeatedly, and on 30 December 2009 it was altogether dismissed – the officers of the Ministry of the Interior for the Chechen Republic delivered Aslanbek from Astrakhan to Grozny, where in the course of interrogation he explained that no one kidnapped him, and that all this time he was with his aunt in Astrakhan.

However, after Aslanbek provided testimony with regard to this criminal case, he disappeared again. This time without a trace.

On 24 February 2010 a criminal case was initiated based on this fact under part 1 Article 105 of the Criminal Code of the Russian Federation ("murder").

In the course of this case investigation Aslanbek's aunt – Shukran Kukulayeva– reported to the investigators that her nephew indeed came to her in Astrakhan and told her that he was kidnapped by the police officers and was kept on the territory of the Special Police Force base in Grozny, however, he managed to escape from there.

In January 2017, lawyers with the Committee Against Torture submitted a complaint to the European Court of Human Rights in the interests of Aslanbek’s mother – Mariya Malayeva – with regard to the fact of possible violation of his son’s right to life, as well as with regard to the absence of effective investigation of the circumstances of his obscure disappearance.

At the present time this application is communicated. The website of the ECHR  published information about it.

In the course of the communication the Strasbourg judges posed the following questions to the Russian authorities:

– can the Russian authorities disprove the claims that the state representatives were involved in the abduction and subsequent disappearance of Aslanbek Saydakhmadov, having provided convincing explanations of what happened?

– was Aslanbek Saydakhmadov’s right to life, guaranteed by Article 2 of the European Convention of Human Rights, violated; was the investigation of his obscure disappearance effective?

The ECHR judges also requested from the Russian authorities the copies of the materials of the criminal cases initiated with regard to Saydakhmadov’s abduction and murder.