The Strasbourgcourt has communicated the application of Mamed Bagalayev’s mother whose child was killed during the special operation of Russian troops. The application is granted the priority status.
You may remember that the application was filed by Ms. Kameta Khaschuyeva, mother of the deceased boy, with the help of the Interregional Committee against Torture.
The facts of the case are as follows. On 1 August 2003 in the city of Shali there was a shooting as a result of which a bullet hit the chest of 11-year old Mamed Bagalayev who was playing in the yard near his house with his younger brother Malik. Mamed died without regaining consciousness.
The next day after Mamed’s death the Shalinsky district Prosecutor’s Office opened a criminal case under art. 105 of the RF Criminal Code (murder). But the investigation came to a dead-end. It was suspended as “the responsible people could not be identified”. 6 years afterwards still no one is held liable for the boy’s death.
Now the Strasbourg court is going to draw its conclusions under the case. It has described the circumstances of the case in detail, has notified the Russian Federation of the application and asked the parties questions related to ECHR violations. Till 20 January 2009 the respondent state is to provide its statements under the case, and to explain the Court whether Mamed’s right to life was violated and whether the prosecutorial investigation was effective. The RF is also to send the Court copies of all materials under the case.
It should be mentioned that the Committee against Torture conducted a public investigation upon the fact of Mamed Bagalayev’s death and concluded that the RF had breached art.2 (right to life) and art.13 (right to an effective remedy) of the European Convention.