The Experience of Applicants who have Won Cases at the European Court

For the victims and relatives of victims who have won cases from Chechnya at the European Court, victory has been a mixed experience. While the applicants have received from the Russian government the financial compensation awarded in the court’s judgment, they continue to strive for justice for the crimes they and their loved ones have suffered and for knowledge about the fate of their killed or disappeared relatives. Below are a number of statements from relatives of victims that illustrate their continued hopes for resolution as a result of the European Court judgments.

Winning the case in Strasbourg and getting the government to pay the compensation is a small victory for me, but it is not the result I have been waiting for. The real result can only be in finding out what happened to [my husband], at least in learning where his bones are. If only I knew, I could have his body reburied [at the family grave]. I hope the [Council of Europe] does not stop at the actual judgment but will continue putting pressure on the government to conduct a meaningful investigation. There must be an end to this, a conclusion.

— Medina Akhmadova[2]

Medina Akhmadova’s 52-year-old husband, Musa, a father of three, was detained at a Russian military checkpoint in Kirov-Yurt and subsequently disappeared in March 2002. In December 2008, the European Court found Russia responsible for the illegal detention and presumed death of Musa Akhmadov.[3]  

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What I expected was for the European Court to achieve justice in my case, to make the authorities explain if my son is alive or dead. And, if he is alive, where is he? If he’s in prison, what was he sentenced for? But most importantly, whether he is alive or dead. I wanted truth. That’s all I needed. I wanted no money... truth is the only thing I want, and still do.

—Umazh Ibragimov[4]

In December 2002 Russian federal forces detained Umazh Ibragimov’s son, Rizvan Ibragimov, at the family’s home in Urus-Martan. The forces threatened to shoot Rizvan Ibragimov’s parents if they tried to follow them. He has not been heard from since. In May 2008, the European Court found Russia responsible for Rizvan’s disappearance and presumed death.[5]

*              *              *

As for the European Court, we received the compensation but it means nothing to us. This was never about money. We simply want my brother back. Our mother needs her son back. Or at least to know what happened to him!

— Abubukar Gaitayev [6]

In the middle of the night on January 24, 2003, Abubukar Gaitayev’s brother, Musa Gaitayev, and cousin, Magamed Gaitayev, were detained at their houses in Urus-Martan by Russian military servicemen. Magamed was released the same day after being beaten and drugged, but 31-year-old Musa, married and a father of four young children, was never seen again. The European Court determined Russia to be responsible for Musa Gaitaev’s unacknowledged detention and presumed death.[7]

*              *              *

When I decided to lodge the application with the European Court I hoped that the Court could influence the Russian law enforcement agencies [and] make them find the people who took my brother away.

— Rizvan Rasayev[8]

On December 25, 2001, Russian troops conducted a special operation in the village of Chechen-Aul, where they detained Ramzan Rasayev and took him to a detention camp on the edge of the village. He has not been seen since. In October 2008, the European Court found Russia responsible for Ramzan’s disappearance and presumed death.[9]

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We only wanted one thing from the European Court: to have the guilty brought to justice, to have them shown to us, tried, and put in prison. But this has not happened. We won the case at the European Court and still nothing has happened.

—Salman Khadzhialiyev[10]

In December 2002, federal forces broke into the home of 70-year-old Salman Khadzhialiyev in the village of Samashki. They beat his two sons, Ramzan and Rizvan Khadzhialiyev, and Ramzan’s pregnant wife with rifle butts, and took the brothers away. On December 19, 2002, human remains were found over an area of 500 square meters at a nearby farm. Salman Khadzhialiyev collected the fragments himself and delivered them to investigators. It was later established that the remains originated from corpses that had been decapitated and then exploded and that belonged to the Khadzhialiyev brothers. The European Court found that it had been established beyond a reasonable doubt that Russian federal forces had detained and then killed the Khadzhialiyev brothers.[11]