The criminal case on abduction of 1Adat Telegram chat moderator is send to Chechnya for investigation

News

02 June 2021

The Krasnodar investigators sent a criminal case, initiated based on the fact of abduction of the 1Adat Telegram-channel chat moderator Salman Tepsurkayev, to their colleagues in the Chechen Republic, arguing that, in their opinion, upon abduction Tepsurkayev was taken to the territory of the Chechen Republic, and the majority of the witnesses and the persons, possibly involved in committing this crime, are also located in the territory of the Chechnya.

As we have previously reported, on 6 September 2020, Salman Tepsurkayev was abducted in Gelendzhik. He was a chat moderator of 1Adat Telegram channel which informs about violations of human rights in the Chechen Republic. Witnesses report that the abductors presented their IDs of the Ministry of the Interior officers. For twenty-four hours there was no information about the fate of Salman. But in the evening of 7 September, his phone was turned on again and the relatives managed to obtain his geolocation data, according to which Salman’s phone was on the territory of regiment of the Patrol-Guard Service of the Police named after Akhmat Kadyrov located in Grozny.

On the same day, 7 September, a person under nickname “Hunter” published a video in the chat of 1Adat Telegram-channel, in which Salman Tepsurkayev curses himself and his channel in the Chechen language, after that he attempts to sit on a glass bottle.

On 11 September, lawyers with the Committee Against Torture submitted an application to the ECHR with regard to the violation of Tepsurkayev’s rights, provided by Articles 3 and 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms: “prohibition of torture” and ‘right to personal integrity”. Human rights defenders requested that the Court applied “Rule 39” and demanded from the Russian Federation to take provisional measures to establish the whereabouts of Tepsurkayev, as well as to ensure the guarantee of his release and safety.

According to the information, published on the website of the Ministry of Justice of Russia, on 22 October, the European Court of Human Rights dismissed the application submitted by human rights defenders.

On 14 September, human rights defenders applied with crime reports on behalf of Salman Tepsurkayev’s wife to the Investigative Committee of Russia for the Chechen Republic and to the Investigative Department for Gelendzhik of the Investigative Committee of Russia for the Krasnodar Territory.

In addition, lawyers with the Committee Against Torture conducted their own public investigation, during which they managed to obtain convincing evidence of the law-enforcement bodies’ involvement in Tepsurkayev’s disappearance. Human rights defenders provided the investigators with a video record which features Tepsurkayev’s abduction process, as well as the data on vehicles and the abductors who were filmed by the video camera at the place of the incident. In the course of public investigation, lawyers with the Committee Against Torture managed to find out that one of the cars belongs to the acting police officer from Chechnya.

On 15 October, investigators from the Krasnodar Territory made a decision to hand over the evidence that they collected to the Investigative Department for Chechnya due to the fact that the car of Tepsurkayev’s assumed abductors crossed the boundary of the Chechen Republic. On the same day, on 15 October, the investigator with the Chechen Investigative Department dismissed the claim to open a criminal case referring to absence of a criminal event.

On 29 October, head of the Investigative Department of the Investigative Committee of the RF for the Chechen Republic Adlan Lepiyev returned a part of the material of the check that concerned Tepsurkayev’s abduction, to his colleagues from the Krasnodar Territory. In addition, the Chechen investigators continued to conduct a check of the report on applying violence against Tepsurkayev on the territory of the Republic. By the present time, the Chechen investigators have issued four dismissals of claims to open a criminal case.

On 8 February 2021, the last dismissal of the investigator was quashed by the Prosecutor’s Office. In his ruling, the Deputy Prosecutor of the Chechen Republic pointed out that the materials of the check should be transferred to the Investigative Department for the Krasnodar Territory, since Salman Tepsurkayev was last seen there, and, in addition, the information on possible detention of Salman at the law-enforcement bodies of the Republic was disproved during the check by the Investigative Department of the Chechen Republic.

On 25 February, investigator Lepiyev issued a ruling on transferring the materials of the check with regard to Tepsurkayev’s abduction to the Investigative Department of the Investigative Committee of the RF for the Krasnodar Territory, having explained that the place of abduction was Gelendzhik, and on 27 November 2020 a criminal case was opened at the Investigative Department for Gelendzhik with regard to the element of crime under item “a” of Part 2, Article 126 of the Criminal Code of the RF (‘abduction of a person committed by a group of persons by previous concert”). The material of the check, submitted from Chechnya, was included in the case file.

The investigators were refusing to acknowledge Salman Tepsurkayev’s partner wife Elizaveta a victim in the criminal case, and the Gelendzhik City Court agreed to that, and later on, the Krasnodar Territory Court agreed to that, as well.

On 28 May, the Investigative Department of the Investigative Committee of the RF decided to send the Salman Tepsurkayev’s case to the Investigative Department of the Investigative Committee of the RF for the Chechen Republic for organization of the further investigation. As Acting Head of the Investigative Department of the Krasnodar Territory Andrey Maslov pointed out: “Main investigative and procedural activities within the Krasnodar Territory are executed. The majority of the witnesses and the persons who are, possibly, involved in committing of this crime, are located in the territory of the Chechen Republic”.

Yesterday it has become known that the case was transferred – during the examination of the repeated application against the investigators’ refusal to acknowledge Elizaveta a victim by the Gelendzhik City Court. After head of the Investigative Department for Gelendzhik Dmitry Dremlyuga informed that he had just received a confirmation that the case was transferred to the Chechen Republic, the court dismissed the proceedings on the application filed by the lawyer of the Committee Against Torture on behalf of Elizaveta.

“The Krasnodar Territory investigator’s ruling to transfer the case to Chechnya was not unexpected, – lawyer with the Committee Against Torture Leisan Mannapova comments. – For half a year that passed from the moment when the criminal case was initiated in Gelendzhik, the investigators never succeeded in questioning the persons possibly involved in abduction, as well as other witnesses and victims in the criminal case, who are located in Chechnya. The transfer of the criminal case to the investigators in the Chechen Republic was predictable, although we are not happy about it. We hope that the investigative authorities in Chechnya will be able to conduct all the necessary interrogations and other investigative activities, and this criminal case will have suspects, at last”.