Today, the International Department of the NN Committee Against Torture has lodged a complaint with the European Court of Human Rights ex parte Aslan Dovletukaev. The applicant complains that the Russian Federation has violated its obligations, assumed by ratifying the European Convention for the Protection of Human Rights and Fundamental Freedoms, namely art. 2, art. 3, art. 5 para. 1 (c), art. 8 and art. 13 of the Convention.
Art. 2 – unlawful deprivation of life and ineffective investigation of deprivation of life.
Art. 3 – we have certain reasons to believe that Mr. Dovletukaev was subjected to torture before has death, with no effective investigation being conducted.
Art. 5 – unlawful detention of Mr. Dovletukaev.
Art. 8 – violation of the right to respect for his home.
Art. 13 – no effective remedy.
The horrible crime took place in Chechnya precisely three years ago, in January 2004. One of the countless abductions and murders of peaceful citizens, which are common practice of armed and police forces in the region, became known to the Chechen Office of the Committee Against Torture, which investigated into the matter and now is seeking after the official investigation of Mr. Dovletukaev’s death and protection of his relatives’ interests on a domestic level.
The facts, established by human rights defenders run as follows:
On 9 January 2004, at around 11 p.m. seven or eight unknown armed men, disguised in masks and camouflages, in three armored personnel carriers and two gray minibuses ‘UAZ’ without any identification signs came to house no. 41 in Ordzhonikidze St., Grozny. Three of the men entered house no.23 in Ordzhonikidze St. and searched the house and the yard, showing no identification documents to the tenants. After the search one of the men apologized for the troubles, saying that it was a scheduled inspection, and told them not to leave their house.
Then the men entered house no. 41, ordered the tenants to gather in the yard and searched the house. After that they checked passports of all the male persons. They returned all the documents to their owners, except for Aslan Dovletukaev’s documents. The men went away, saying that they would check A. Dovletukaev’s documents in the car, and took him from the yard. His relatives, when they went out saw how the men forced Aslan Dovletukaev into the car. The relatives encircled the car and tried to prevent it from going away. Mr. Dovletukaev’s uncle tried to clear up where Aslan was taken to. The men didn’t explain anything and threatened with weapons to those, who prevented the car from moving.
Mr. Dovletukaev was put into the car, which went in column in the direction to Shali. On 17 January 2004 at around 10:20 in the ruins of the former “Shovda” restaurant, located at the Chyornaya River, near settlement Dzhalka, Gudermes District of the Chechen Republic, a dead man’s body was found. Later, the body was identified as Aslan Dovletukaev.
According to the expert’s medical report no. 18, the death was caused by blunt multitraumas of head, chest, both upper and lower limbs, with heavy cerebral contusion, cerebral hemorrhage, myodermal hemorrhage of head, open nose fracture, fracture of right patella, multiple bruises, abrasions, contused wounds.
Prosecution officials have been playing the ‘investigation game’ for three years. A persistent unwillingness of prosecution officials to find the offenders, incompetent investigation and lack of any sympathy with the destiny of an ordinary citizen of Russia on behalf of the authorities – all this became the reason, why we have requested the European justice to consider the case of Aslan Dovletukaev.