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19:00, 7 October 2009

European Court to decide on child's murder in Chechnya

The Strasbourg Court on Human Rights has communicated the complaint lodged by Kameta Khashueva, a resident of Chechnya and mother of Mamed Bagalaev, who occasionally perished in the course of special operation of Russian power agents, and awarded a priority status to her complaint.

On August 1, 2003, a skirmish burst out in the city of Shali, as a result of which a random bullet got into the breast of Mamed Bagalaev, 11, who played in the yard of his house with his younger brother Malik. Mamed died without regaining consciousness, as reported by the Inter-Regional Committee Against Torture.

On the following day after Mamed's death, the Prosecutor's Office of the Shali District of Chechnya initiated a criminal case under Article 105 of the Russian Criminal Code "Murder". But the investigation was suspended "because of non-establishment of the person subject to attraction to criminal liability." Now, 6 years after the tragedy, nobody has been found guilty of the boy's death.

The Strasbourg Court made a detailed description of the facts on the case, notified the Russian Federation about the submitted complaint and asked questions to the parties on violations of the European Convention. The state-respondent shall present, before January 20, 2010, its position on the case, in particular, explain to Strasbourg judges, whether the right to life had been breached in relation to Mamed and whether the prosecutor's investigation was efficient. Russian authorities should also present copies of all the materials of the criminal case.

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