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21:00, 27 September 2011

ECtHR obliges Russia to pay compensation to woman in Chechnya

The European Court of Human Rights (ECtHR) has ordered Russia to pay 63,000 euros to Aminat Beksultanova, a resident of Chechnya, who had accused power agents of illegal detention and murder of her son. Besides, she accused the Russian government of a failure to conduct an investigation into his disappearance.

According to Beksultanova, in the morning on October 2, 2004, an OMON (special-purpose militia) fighter came to their house and told her son Timur to follow him in order check information about his involvement in activities of illegal armed formations (IAFs). During the period in question, Timur was under inquiry: he was to appear for questioning on October 7, 2004, and intended to deny all charges. Timur left with the OMON fighter.

"Later, eyewitnesses reported that they saw that fighter and Timur at the block-post; there were also several armoured troop carriers (ATCs) and a large group of militaries. After checking Timur's ID, they beat him, shot through his thigh and shoulder, then pulled him into one of the ATCs and drove away. Nobody saw Timur ever since," the "Legal Initiative for Russia" and its partner - organization named "Astrea" - report.

According to Beksultanova, she constantly appealed to the authorities asking them to investigate her son's disappearance; however, a separate criminal case about his kidnapping was never initiated; although in 2005 the head of the criminal militia of the Achkhoi-Martan ROVD (District Interior Division) gave her a certificate stating that Timur had been detained by special agents.

In early 2007, the local prosecutor's office informed the applicant's representatives that investigators had found no objective evidences of her son's disappearance and that the applicant complained of her son's kidnapping with the aim to hide him from some crime, of which he was suspected.

The ECtHR has ruled that Russia had violated several articles of the European Convention on Human Rights and Fundamental Freedoms (ECHR), in particular, Article 2 ("right to life"), Article 3 ("prohibition of inhuman and degrading treatment"), Article 5 ("right to liberty and security"), and Article 13 ("right to effective remedy").

The Court has ordered Russia to pay 60,000 euros to Beksultanova as moral compensation and 3000 euros - as compensation for legal costs, the "Echo Moskvy" Radio reports.

"It's important that the authorities were found guilty; even though I was constantly under pressure after I had complained to the ECtHR. A week after my complaint was communicated to the government in May 2009, I was dismissed from my post," Beksultanova said after announcement of the decision of the ECtHR.

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