Estamirov and Others v. Russia

Last updated

Estamirov and Others v. Russia was a European Court of Human Rights ruling in the case of the February 5, 2000, Novye Aldi massacre in Chechnya, which unanimously held Russia responsible for violations of Articles 2 (right to life) and 13 (right to effective remedy) of the European Convention of Human Rights. The case was brought to the European Court by several members of the Estamirov family together with the British solicitor Gareth Peirce and the organization Russian Justice Initiative.

Contents

On October 12, 2006, the court held the Russian state responsible for the summary execution of five members of the Estamirov family in the Novye Aldi suburb of the Chechen capital Grozny, including a pregnant woman and a one-year-old child (the bodies were discovered the same day, burnt and with gunshot wounds). The court noted that the Russian government had not disputed that the area was controlled by Russian federal forces at the time, and the government did not provide any explanation for its assertion that these deaths were not linked to numerous other deaths in that area on that day. The Court noted that the investigation into the deaths had not been completed and that the individuals responsible were not identified or indicted; because of this and other shortcomings the Court found that the Russian state had also violated its obligation to conduct a proper investigation. It also expressed its dissatisfaction with the Russian government's refusal to disclose all documents concerning the investigation into the deaths. [1]

See also

Related Research Articles

<span class="mw-page-title-main">European Convention on Human Rights</span> International treaty to protect human rights and fundamental freedoms in Europe

The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity.

<span class="mw-page-title-main">European Court of Human Rights</span> Supranational court established by the Council of Europe

The European Court of Human Rights, also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France.

<span class="mw-page-title-main">Human rights in Russia</span>

Russia has consistently been criticized by international organizations and independent domestic media outlets for human rights violations. Some of the most commonly cited violations include deaths in custody, the systemic and widespread use of torture by security forces and prison guards, the existence of hazing rituals within the Russian Army —referred to as dedovshchina — as well as prevalent breaches of children's rights, instances of violence and prejudice against ethnic minorities, and the targeted killings of journalists.

<span class="mw-page-title-main">Human rights in Turkey</span> Overview of human rights in the Republic of Turkey

Human rights in Turkey are protected by a variety of international law treaties, which take precedence over domestic legislation, according to Article 90 of the 1982 Constitution. The International Covenant on Civil and Political Rights (ICCPR) was not signed by Turkey until 2000. As of today, however, Turkey is party to 16 out of 18 international human rights treaties of the United Nations. The issue of human rights is of high importance for the negotiations with the European Union (EU).

Human rights violations were committed by the warring sides during the second war in Chechnya. Both Russian officials and Chechen rebels have been regularly and repeatedly accused of committing war crimes including kidnapping, torture, murder, hostage taking, looting, rape, decapitation, and assorted other breaches of the law of war. International and humanitarian organizations, including the Council of Europe and Amnesty International, have criticized both sides of the conflict for blatant and sustained violations of international humanitarian law.

Russia incurred much international criticism for its conduct during the Second Chechen War, which started in 1999. The governments of the United States and other countries condemned deaths and expulsions among civilians. The United Nations Commission on Human Rights (UNHCR) passed two resolutions in 2000 and 2001 condemning human rights violations in Chechnya and requiring Russia to set up an independent national commission of inquiry to investigate the matter. However, a third resolution on these lines failed in 2004. The Council of Europe in multiple resolutions and statements between 2003 and 2007 called on Russia to cease human rights violations. The European Court of Human Rights (ECHR) between 2005 and 2007 conducted legal cases brought by Chechens against the Russian government, and in many of these cases held Russia responsible for deaths, disappearances and torture.

The Novye Aldi massacre was the mass murder of Chechen civilians in which Russian forces went on a cleansing operation (zachistka) summarily executing dozens of civilians. The village had been cluster-bombed a day prior to the massacre, and local residents urged to come out for inspection the next day. Upon entering the village, Russian forces shot their victims in cold blood, with automatic fire at close range. The killings were accompanied by looting, rape, arson and robbery. As a result of the deadly rampage by Russian forces, up to 82 civilians were killed in the spree. Houses of civilians were burnt in an attempt to destroy evidence of summary executions and other crimes. Looting took place on a large scale and organised manner.

The Staropromyslovsky massacre occurred between December 1999 and January 2000 when at least 38 confirmed civilians were summarily executed by Russian federal soldiers during an apparent spree in Staropromyslovsky City District of Grozny, the capital of the Chechen Republic, according to survivors and eyewitnesses. The killings went unpunished and publicly unacknowledged by the Russian authorities. In 2007, one case of a triple murder was ruled against Russia in the European Court of Human Rights (ECHR).

The Church of Scientology Moscow v Russia [2007] ECHR 258 is a European Court of Human Rights case, concerning Article 11 of the convention. In the case the European Court of Human Rights in Strasbourg condemned Moscow City Government's refusal to consider the Church of Scientology of Moscow for registration as a religious organisation, and as a result found that Russia had violated the rights of the Church of Scientology under Articles 11 when "read in the light of Article 9". Specifically, the Court determined that, in denying consideration of registration to the Church of Scientology of Moscow, the Moscow authorities "did not act in good faith and neglected their duty of neutrality and impartiality vis-à-vis the applicant's religious community". The Court also awarded the Church €10,000 in respect of non-pecuniary damage and €15,000 for costs and expenses.

<span class="mw-page-title-main">Extrajudicial killings and forced disappearances in the Philippines</span>

Extrajudicial killings and forced disappearances in the Philippines are illegal executions – unlawful or felonious killings – and forced disappearances in the Philippines. These are forms of extrajudicial punishment, and include extrajudicial executions, summary executions, arbitrary arrest and detentions, and failed prosecutions due to political activities of leading political, trade union members, dissident or social figures, left-wing political parties, non-governmental organizations, political journalists, outspoken clergy, anti-mining activists, agricultural reform activists, members of organizations that are alleged as allied or legal fronts of the communist movement or claimed supporters of the NPA and its political wing, the Communist Party of the Philippines (CPP). Other frequent targets are ancestral land rights defenders, Indigenous rights activists, environmentalists, and human rights workers.

Musayev, Labazanova and Magomadov v. Russia was the July 26, 2007, ruling by the European Court of Human Rights (ECHR) in the case of the February 2000 Novye Aldi massacre in Chechnya, which unanimously held Russia responsible for violations of Articles 2 and 13 of the European Convention of Human Rights. The three applications, which the Court joined into one case, concerned the murders of 11 civilian persons committed during a rampage in the Chechen capital Grozny by the Russian OMON special police unit.

Crew Against Torture (Russia) Russian non-governmental organisation

The Crew Against Torture is a Russian non-governmental organisation in the field of human rights based in Nizhny Novgorod, Russia. CAT provides assistance to victims of torture and conducts independent investigation of torture cases. In addition, CAT publishes reports on systemic problems regarding the ineffectiveness of official investigations and prosecution of torture in Russia.

The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016) is a set of international guidelines for the investigation of suspicious deaths, particularly those in which the responsibility of a State is suspected.

Peru's Truth and Reconciliation Commission was a truth and reconciliation commission established by President Alejandro Toledo to investigate the human rights abuses committed during the internal conflict in Peru between 1980s and 1990s. The TRC was a response to the violent internal conflict between 1980 and 2000 during the administration of Presidents Fernando Belaúnde (1980–1985), Alan García (1985–1990), and Alberto Fujimori (1990–2000). The commission's mandate was to provide a record of human rights and international humanitarian law violations committed in Peru between May 1980 and November 2000, as well as recommend mechanisms to promote and strengthen human rights. The TRC reported on the estimated 70 000 deaths, assassinations, torture, disappearances, displacement, employment of terrorist methods and other human rights violations executed by the State, Shining Path, and the Túpac Amaru Revolutionary Movement. The report concluded that there is both institutional and individual accountability, as well as identifying racial and cultural factors that became a catalyst for conflict.

<span class="mw-page-title-main">Russian war crimes</span> Violations of the laws of war committed by the Russian Federation

Russian war crimes are the violations of the international criminal law including war crimes, crimes against humanity and the crime of genocide which the official armed and paramilitary forces of the Russian Federation are accused of committing since the dissolution of the Soviet Union in 1991. This accusation also extends to the aiding and abetting of crimes which have been committed by quasi-states or puppet states which are armed and financed by Russia, including the Luhansk People's Republic and the Donetsk People's Republic. These war crimes have included murder, torture, terrorism, deportation or forced transfer, abduction, rape, looting, unlawful confinement, unlawful airstrikes or attacks against civilian objects, and wanton destruction.

Janowiec and Others v. Russia was a case brought before the European Court of Human Rights in 2007 and concluded in 2013 concerning the issue of human right violations in the context of the Katyn massacre.

<span class="mw-page-title-main">Right to truth</span> Right for victims to know what happened

Right to truth is the right, in the case of grave violations of human rights, for the victims and their families or societies to have access to the truth of what happened. The right to truth is closely related to, but distinct from, the state obligation to investigate and prosecute serious state violations of human rights. Right to truth is a form of victims' rights; it is especially relevant to transitional justice in dealing with past abuses of human rights. In 2006, Yasmin Naqvi concluded that the right to truth "stands somewhere on the threshold of a legal norm and a narrative device ... somewhere above a good argument and somewhere below a clear legal rule".

<span class="mw-page-title-main">War crimes in the Russian invasion of Ukraine</span> Violations of the laws of war during the 2022 Russo-Ukrainian War

Since the beginning of the Russian invasion of Ukraine in 2022, the Russian military and authorities have committed many deliberate attacks against civilian targets, massacres of civilians, torture and rape of women and children, torture and mutilitation of Ukrainian prisoners of war, and indiscriminate attacks in densely populated areas.

<span class="mw-page-title-main">Trials of the Derg members</span> 1994–2008 legal proceeding in Ethiopia

On 12 December 2006, the Federal Supreme Court found guilty 77 top Derg officials accused by the government of the Ethiopian People's Revolutionary Democratic Front (EPRDF) over the Red Terror (1976–1978). The head of the Derg, Mengistu Haile Mariam, who fled to Zimbabwe, and other 22 Derg members were sentenced in absentia to life imprisonment on 11 January 2007.

References