UTSMIYEVA AND OTHERS v. RUSSIA
Inadmissible
Dmitry Dedov;Elisabeth Steiner;Isabelle Berro-Lefèvre;Julia Laffranque;Khanlar Hajiyev;Mirjana Lazarova Trajkovska;Ksenija Turković
1. The applicants, Ms Raisa Utsmiyeva, Ms Luiza Utsmiyeva and Ms Khabira Guniyeva, are Russian nationals who were born in 1938, 1971 and 1935 respectively and live in Grozny. They were represented before the Court by lawyers of the NGO Materi Chechni. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights. 2. The facts of the case, as submitted by the parties, may be summarised as follows. 3. The applicants are close relatives of Mr Isa (also spelt Issa) Utsmiyev, who was born in 1960, Ms Larisa Ansarova, who was born in 1959 and Ms Anzhela (also known as Aset) Ansarova, who was born in 1981. Mr Isa Utsmiyev and Ms Larisa Ansarova are married, and Ms Anzhela Ansarova is their daughter. The first applicant is the mother of Mr Isa Utsmiyev and the second applicant is his sister. The third applicant is the mother of Ms Larisa Ansarova. 4. At the material time, Mr Isa Utsmiyev lived with his wife and daughter in a block of flats in Kosiora Street in Grozny. He used to work at a local police station, but became unemployed shortly before the events. 5. According to the applicants, at around midnight on 10 June 1996 an APC accompanied by a convoy of military vehicles arrived in Kosiora Street, Grozny. A large number of masked servicemen in camouflage uniforms armed with machine guns got out of the vehicles, cordoned off the area and broke into the family’s flat. The servicemen spoke unaccented Russian. They took Mr Isa Utsmiyev and his wife and daughter outside, put them in the APC and drove away. 6. The applicants have not seen their three relatives since 10 June 1996. 7. The applicants did not witness the abduction; their account is based on their relatives’ and neighbours’ recollection of the events. 8. The Government did not contest the facts as presented by the applicants, but at the same time pointed out that there was no unequivocal evidence confirming the alleged involvement of State servicemen in the incident. 9. On an unspecified date in June or July 1996 the applicants complained of their relatives’ abduction to the Leninskiy district department of the interior (ROVD) in Grozny. On 18 July 1996 it opened a search file (no. 94/96) in respect of Mr Isa Utsmiyev. It is unclear whether files were also opened in respect of Ms Larisa Ansarova and Ms Anzhela Ansarova. 10. It is also unclear whether any criminal investigation into the abduction was initiated between 1996 and 2001. According to the applicants, owing to the overall instability in the region at the material time, an investigation was opened at some point in 1999, but then the criminal case file was lost in unknown circumstances. 11. Following a complaint by the first applicant, on 11 February 2001 the Grozny town prosecutor’s office opened a criminal case (no. 11041) to investigate the abduction. 12. On 26 February 2001 the first applicant was questioned and granted victim status in the criminal case. She stated that on an unspecified date she had learnt from Mr Isa Utsmiyev’s neighbours that on 10 July 1996 four armed men had taken away her son, his wife and their daughter. His wife Ms Larisa Ansarova had been in a dispute with a criminal gang leader, “Malysh”, whose gang had carried out criminal activities in the area and who had promised to take revenge on her. Three days after that conflict the family had been abducted. According to the applicants, at some point later “Malysh” had been killed as a result of a blood feud. 13. On 11 April 2001 the investigation was suspended. 14. On 5 July 2002 the investigation was resumed and on 22 July 2002 the first applicant was questioned again. She reiterated her previous statement. 15. On 5 September 2002 the investigation was suspended. The applicants were informed thereof. 16. Between September 2002 and May 2010 the applicants did not contact the authorities. 17. On 24 May 2010 the third applicant complained to the Chechnya Parliament of her relatives’ abduction. On 27 May 2010 her complaint was forwarded to the Chechnya Investigations Committee. 18. On 22 October 2010 the first applicant complained to the Leninskiy District Court in Grozny, requesting that the investigation be resumed and carried out effectively. 19. On 28 October 2010 the investigation was resumed and several witnesses were questioned; no new information was obtained. 20. On 28 November 2010 the investigation was suspended again. The applicants were informed thereof. 21. On 22 December 2010 the Leninskiy District Court in Grozny rejected the applicants’ complaint of 22 October 2010, stating that the investigation had been resumed on 28 October 2010. 22. The investigation is still pending.