НАСТОЯЩИЙ МАТЕРИАЛ (ИНФОРМАЦИЯ) ПРОИЗВЕДЕН, РАСПРОСТРАНЕН И (ИЛИ) НАПРАВЛЕН ИНОСТРАННЫМ АГЕНТОМ «КОМАНДА ПРОТИВ ПЫТОК» ЛИБО КАСАЕТСЯ ДЕЯТЕЛЬНОСТИ ИНОСТРАННОГО АГЕНТА «КОМАНДА ПРОТИВ ПЫТОК» | 18+
The ECHR found that the forcible removal of Zarema Musayeva to Grozny and her subsequent detention was to retaliate against her family members who criticize Chechen high-ranking officials. Therefore, Russia violated Article 5 in conjunction with Article 18 of the Convention: Zarema was detained not for the offense she committed, but with the aim of intimidating her and her loved ones.
The Court also obliged Russia to pay 6,500 euros each to Zarema’s husband and daughter, Sayda Yangulbayev and Aliya Yangulbayeva. The Court found a violation of Article 2 of the Convention in relation to all three applicants, as the Chechen authorities repeatedly publicly threatened the family, but Russian authorities did not conduct an investigation into this fact. Zarema Musayeva’s family was able to leave Russia, but the woman was forcibly taken from her apartment in Nizhny Novgorod and transferred to Chechnya. Currently, she is serving a sentence in a correctional colony — she was found guilty of fraud and assault on a police officer.
The judgment, adopted by the Court, states the following: «A number of high-ranking Chechen officials repeatedly publicly threatened the applicants, calling for blood feud and the murder of their entire family. They appealed to Chechens living abroad with a request to take measures to cut [the applicants’] heads off. The applicants’ complaints demanding an investigation into the threats were ignored by Russia.»
The ECHR also found a violation of Article 3 of the Convention in relation to Zarema and her relatives, as they were subjected to inhuman and degrading treatment when Ms. Musayeva was forcibly taken to Chechnya by the policemen. «During the transfer she had not been given food or medication, had been slapped and insulted by the officers, and had not been allowed to go to the toilet in a proper place or in privacy.» Aliya and Sayda were unlawfully subjected to physical force in the apartment, and Russian authorities did not conduct an investigation into the circumstances of this incident.
One should recall that Russia does not comply with the Court’s judgments, which became final after 15 March 2022.