ECtHR decision on case of terror act in Dubrovka enters into force

Decision of the European Court of Human Rights (ECtHR), obliging Russia to pay compensation, amounting to 9000-66,000 euros in favour of the victims of the terror act committed in the Dubrovka theatre in Moscow in October 2002, has entered into force. This was reported by the "Trunov, Ivar and Partners" Bar.

The "Caucasian Knot" has reported that the ECtHR obliged Russia to pay compensation to the victims of the terror act in December 2011. Earlier, it was reported that the court combined lawsuits of the victims of the terror act in Dubrovka. Both complaints of the victims were filed in 2004. The complaints are about violation of the right to life, right to a fair trial, right to effective methods of protection and legitimacy of activities of secret services in preventing the terror act. The victims demanded to pay compensation for violation of their rights.

The court granted the complaint, filed by lawyers Igor Trunov and Lyudmila Ivar, eliminated factual errors and misprints, and made appropriate changes to the text of the decision. This was reported today by the "Trunov, Ivar and partners" Bar.

In its decision, published on December 20, 2011, the ECtHR agreed with the complainants' claims to the quality of planning and carrying out of the rescue operation and the effectiveness of investigation into the terror act. At the same time, the ECtHR found no violation of human rights in the authorities' decision to use force to free the hostages and use of special tools during the assault. Besides, the ECtHR did not consider it necessary to make a separate decision on other complainants' claims, which also referred to Article 3 of the European Convention on Human Rights and Fundamental Freedoms (prohibition of torture).

In that regard, the ECtHR has obliged Russia to pay in favour of 64 plaintiffs the total of approximately 1.24 million euros that is, to pay from 9000 to up to 66,000 euros to each complainant. Besides, the ECtHR ordered Russia to compensate to complainants the court costs amounting to about 30,000 euros and to compensate to two of them travel expenses in the amount of 2000 to each of that two complainants.

The decision to collect from the Russian Federation about 1.3 million euros came into force after the challenge at the Grand Chamber of the ECtHR, the "RAPSI" (Russian Agency of Legal and Judicial Information) reports.

The decision of the ECtHR in the case of "Nord-Ost" came into force on June 4, 2012. This is reported by the statement on the website of the lawyer Trunov. It also emphasizes that the ECtHR is to consider a complaint in the interests of the victims of the terror act. The ECtHR has pointed out that the authorities should conduct an investigation into the circumstances of death of the deceased persons, since there was a causal link between the use of lethal force by secret services and the death of the hostages, the lawyer emphasizes.

"Effects of gas represented the main cause of death of the hostages, and there are reasons to suppose that some hostages perished because of ineffectiveness of the rescue operation," the lawyer Trunov quotes the decision of the ECtHR. He also notes that the ECtHR will not insist on the investigation into the terror act itself in that part, the investigation seems to be sufficiently complete and successful.

The ECtHR concludes that there was a violation of the positive obligation of the state under Article 2 of the European Convention (right to life). Ineffective civil proceedings in terms of compensation of damage to the victims are primarily connected with inability to obtain effective and thorough criminal investigation into the negligence of the authorities, the lawyer Trunov emphasizes.