ECtHR rules that Russian authorities failed to duly investigate death of Ingush resident

On March 15, the European Court of Human Rights (ECtHR) in Strasbourg made its decision on the case "Tsechoev versus Russia" and obliged the Russian authorities to pay compensation to the applicant Ruslan Tsechoev for the death of his brother in the amount of 15,000 euros, and awarded 2500 euros to representatives of the applicant for their legal work. The Human Rights Centre (HRC) "Memorial", whose lawyers represented the suffered party, said that the ECtHR's decision was formal.

The Court in Strasbourg acknowledged that Russian authorities had failed to conduct any effective investigation into the murder of Suleiman Tsechoev, the applicant's brother, and thus violated the procedural aspect of Article 2 of the European Convention on Human Rights and Fundamental Freedoms.

According to the materials of the case, at night on October 23, 1998, unknown took Suleiman Tsechoev away from his home in the village of Sagopshi, Malgobek Region of Ingushetia, and took to some unknown place. Two weeks later, Deputy Prosecutor of the Malgobek District M. Evloev confirmed, in his conversation with Suleiman's relatives that on the basis of his rulings Suleiman Tsechoev was arrested by RUBOP (Department for Fighting against Organized Crime) agents on suspicion of kidnapping a relative of a high-ranking boss of the "Lukoil" Company.

In December 1998, during a talk Evloev asked from Ruslan 6000 dollars for release of his brother. Otherwise, he threatened to convoy Suleiman to Nalchik (Kabardino-Balkaria), where, according to Evloev, Suleiman would be subjected to cruellest treatment. After Ruslan refused to pay, Suleiman was convoyed to SIZO (pre-trial prison) No. 1 of Nalchik.

In July 1999, Ruslan and other relatives managed to get a permit to meet Suleiman. According to his brother, he was in poor physical condition, in particular, because of constant beatings. Suleiman said that in February 1999 he was taken away from the Malgobek ROVD (District Interior Division) and severely beaten, forcing to confess of a crime.

Suleiman said that M. Evloev personally took part in the beatings.

On August 23, 1999, four persons, whom investigators failed to identify and who presented themselves as employees of the Malgobek ROVD, used forged documents and took Suleiman away from SIZO No. 1 in Nalchik in the direction of Malgobek. On the following day his body with four gunshot wounds in the head was found near the village of Alexandrovskaya in Kabardino-Balkaria.

A criminal case was initiated on the fact of Suleiman Tsechoev's murder. Despite the fact that the investigation established the involvement of former Deputy Prosecutor M. Evloev in taking Suleiman out of the SIZO, the criminal case was repeatedly suspended, because of "inability to identify the persons who had committed the crime."

On November 7, 2005, having failed to achieve any results at home, Ruslan filed a complaint with the European Court of Human Rights (ECtHR).

In its decision on the case, the ECtHR pointed out that it could not establish Russia's responsibility for the killing of Suleiman Tsechoev, because at the moment of his murder M. Evloev was no longer working for the Prosecutor's Office and, therefore, could not be considered as a representative of the state. The European Court also found that the fact that the people who took Suleiman out of the Nalchik SIZO were employees of the Malgobek ROVD was not proved.

The ECtHR also found that, when Suleiman were taken away from the SIZO in Nalchik, the employees of this facility had no reason to believe that his life was facing any real and imminent danger. They carried out their daily work and noticed nothing suspicious, when they passed the detainee to the people who were criminals.

However, the ECtHR recognized the responsibility of Russian authorities for inadequate investigation into the crime. Among other deficiencies the Court pointed to the failure of investigators to consider the version of involvement of law enforcers from the Malgobek ROVD in Suleiman's kidnapping.

The HRC "Memorial" believes that in the case "Tsechoev versus Russia" the ECtHR failed to pay due attention to the situation as a whole, which resulted in "too formalistic approach to assessment of events."

"Thus, it's naive to believe that the SIZO staff responsible for the custody of a potential criminal, could hand him over to the persons who introduced themselves as militiamen without checking whether he really was subject to convoying, who and why had decided to convoy him and whether the employees of the destination facility knew about the upcoming arrival of a new prisoner, etc.," runs the statement of the HRC "Memorial". It is noted that "it seems more than doubtful that Suleiman was so easily given out to strangers."