DOSHUYEVA AND YUSUPOV v. RUSSIA
Inadmissible
Alena Poláčková;Branko Lubarda;Dmitry Dedov;Georgios A. Serghides;Helen Keller;Luis López Guerra;Pere Pastor Vilanova
1. The applicants, Ms Seda Doshuyeva, who was born in 1978 and Mr Ismail Yusupov, who was born in 1998, are Russian nationals who live in Grozny. They were represented before the Court by lawyers of Stichting Russian Justice Initiative (in collaboration with NGO Astreya), an NGO based in the Netherlands with a representative office in Russia. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation to the European Court of Human Rights. 2. The application was communicated on 8 June 2011, and on 7 February 2012 the parties exchanged their observations on the admissibility and merits of the application. On 24 September 2015 the Court requested additional factual information from the parties. 3. The facts of the case, as submitted by the parties, may be summarised as follows. 4. The applicants are the wife and the son of Mr Isa Yusupov, who was born in 1969. 5. At about 3 p.m. on 19 June 2002 Mr Isa Yusupov was driving with Mr Alisan (also known as Iriskhan) Bakayev through the Voykovo (sometimes spelled Voikovo) settlement in Grozny when their car was stopped in Leningradskaya Street by a group of about twenty military servicemen who had been taken there in two armoured personnel carriers (APCs) and two UAZ vehicles. It appeared that the servicemen were manning a mobile military checkpoint. 6. In the presence of a number of local residents both men were blindfolded and taken away in the APCs. The applicants’ relative, Mr Isa Yusupov, has not been seen since then. 7. In response to the Court’s request for a copy of the investigation file, the Government submitted copies of the documents from the initial criminal case file no. 50109 (in the documents submitted the number is also referred to as 55109) that was opened into the abduction of just Mr Bakayev. This file has 36 pages and chronicles the steps taken by the investigation between July 2002 and May 2010. In response to the Court’s request for additional information, the Government submitted copies of the updated criminal case file no. 50109, which contains 418 pages concerning the investigation into the abduction of both Mr Bakayev and Mr Isa Yusupov and chronicles the steps taken by the investigation between May 2010 and August 2014. The relevant information may be summarised as follows. 8. On 2 July 2002 Ms L.D. complained to the prosecutor’s office that her husband, Mr Bakayev, together with “a man called Isa” had been abducted. 9. On 12 July 2002 Ms L.D. was questioned. She stated that her husband Mr Bakayev had been abducted by servicemen in two APCs on the bridge in the Voykovo settlement. 10. On 26 July 2002 the Grozny town prosecutor’s office initiated a criminal investigation into the abduction of Mr Bakayev in response to his wife’s complaint. The case file was given the number 50109. The decision in this regard stated: “On the evening of 19 June 2002 Mr A. Bakayev and a man named Isa were abducted on the bridge in the Voykovo settlement by unidentified men in camouflage uniforms driving two APCs. The abduction of Mr Bakayev took place in the presence of civilians and military servicemen stationed in Voykovo...” 11. In their submission on the admissibility and merits of the case of 20 December 2011 the applicants stated that they “had been informed about it [the decision to open criminal case no. 50109]” without specifying the date or the circumstances under which they were informed thereof. ’s abduction, whereas the relatives of Mr Bakayev had been informed thereof on 26 July 2002. 13. On 8 August 2002 the investigators ordered the Zavodskoy district department of the interior (“Заводской районный отдел внутренних дел”) (hereinafter the Zavodskoy ROVD) in Grozny to carry out operative search measures stating, amongst other things, the following: “The investigation established that... Mr A. Bakayev and an unidentified person known as Isa were taken away to an unknown destination by unidentified men wearing camouflage uniforms in two APCs. The abduction took place in the presence of civilians and servicemen stationed in the settlement of Voykovo, specifically, in the presence of serviceman A.E....” 14. In October 2002 the investigators forwarded requests for information to various authorities, asking whether any special operations had been carried out on the date of the abduction of Mr Bakayev and if so, whether anyone had been detained. These requests did not yield any pertinent information. 15. On 26 November 2002 the investigation was suspended. The suspension decision referred only to the abduction of Mr Bakayev; it did not contain any references to the applicants’ relative Mr Isa Yusupov: “...the present criminal case was opened on 26 July 2002 in connection with the abduction on 19 July 2002 of A. M. Bakayev. The preliminary investigation established that on the evening of 19 July 2002 unidentified persons in camouflage uniforms had detained Mr Bakayev on the bridge in the Voykovo settlement and taken him to an unknown destination. His whereabouts have remained unknown since. Taking into account that the time-limit for the preliminary investigation has been reached and all of the possible steps have been taken.... It has been decided to suspend the investigation in the criminal case...” 16. From the documents submitted by the parties it is apparent that between 2002 and 2010 the applicants neither complained of Mr Isa Yusupov’s abduction to the Zavodskoy ROVD nor did they maintain contact with the relatives of Mr Bakayev concerning the proceedings in criminal case no. 50109. 17. On 4 May 2010 the first applicant contacted the investigators in criminal case no. 50109. She submitted a request that the investigations department of the Zavodskoy district prosecutor’s office in Grozny grant her victim status in the criminal case as follows: “ ...On 19 June 2002 my husband Mr Isa Yusupov, who was born in 1969, was detained by armed men in military vehicles in Leningradskaya Street in the Oktyabrskiy district of Grozny. My husband disappeared thereafter. In connection with this, the Oktyabrskiy district prosecutor’s office opened a criminal case. A long time has passed since the incident and I have started to doubt the effectiveness of the criminal investigation. I therefore decided to have recourse to the [procedural] rights given to victims in criminal proceedings under Articles 42, 119121, and 123-125 of the Code of Criminal Procedure and Article 46 of the Russian Constitution... However, neither I nor my relatives have been granted victim status in the criminal case. For that reason I have not been able to participate in the proceedings to the extent allowed by the Code of Criminal Procedure... Mr Isa Yusupov is my husband. The crime committed against him has caused me psychological and material damage. On the basis of the above I request that you: 1. Grant me victim status in the criminal case opened in connection with the disappearance of my husband Isa Yusupov; 2. Inform me of the progress in the investigation of the criminal case; 3. Resume the investigation if it has been suspended; 4. Inform me of the results of the examination of the present request... ” 18. On 21 May 2010 the investigation in criminal case no. 50109 was resumed. The decision stated: “... On 19 June 2002 Mr A. Bakayev and Mr Isa Yusupov were detained and taken away in two APCs by unidentified men wearing camouflage uniforms. In connection with this, on 26 July 2002 the Grozny prosecutor’s office opened criminal case no. 50109 under Article 126 of the Criminal Code. On 26 November 2002 the investigation in the criminal case was suspended under part 1 of paragraph 1 of Article 208 of the Code of Criminal Procedure, that is to say for failure to identify the perpetrators. On 20 May 2010 Ms S. Doshuyeva, the wife of the abducted Mr I. Yusupov, requested that the Zavodskoy district investigations department grant her victim status in the criminal case. In connection with the decision to grant Ms S. Doshuyeva victim status in the criminal proceedings and her questioning on the matter, it is necessary to resume the investigation in criminal case no. 50109...” 19. On the same date, 21 May 2010, the first applicant was granted victim status and questioned. She stated that on 19 June 2002 her husband had left by car to do an errand, together with fellow villager Mr Bakayev, and had not returned home. Several days later she had found out from her neighbours that her husband Mr Isa Yusupov and Mr Bakayev had been abducted by armed men in APCs. 20. On the same date, 21 May 2010, the first applicant requested the investigators to grant her access to the contents of criminal case file no. 50109. It is unclear whether any reply was given to her request. 21. On 22 May 2010 the investigation was suspended and then resumed on 4 August 2011. The proceedings were subsequently suspended and resumed on several occasions; the last suspension took place on 6 August 2014. The proceedings are still pending. 22Октябрьский районный отдел внутренних дел“) (hereinafter the Oktyabrskiy ROVD) in Grozny to produce a copy of the first applicant’s complaint concerning Mr Isa Yusupov’s abduction, which had been lodged on 20 June 2002. In reply the police informed the applicants that the document no longer existed as the relevant registration logs had been destroyed following expiry of the time-limit for their storage. 23’s abduction to the police in June 2002, but had no written proof of the complaint. She also stated that at the end of June 2002 she had been approached by a military officer who had threatened to harm her and her relatives if she were to continue searching for her husband. Out of fear for her life and that of her relatives, on an unspecified date in 2002 she had moved to Moscow and only returned to the Chechen Republic in 2010. The applicants did not enclose any documents substantiating this information other than the first applicant’s written statement dated 17 October 2015. 24. According to the Government, the applicants did not lodge any official complaints concerning their relative’s alleged abduction within the framework of the criminal case. 25. On 25 March 2004 the Leninskiy district court of Grozny granted the first applicant’s request and declared Mr Isa Yusupov a missing person as of 19 June 2002. The decision, which made no reference to proceedings in criminal case no. 50109 and referred only to proceedings in criminal case no. 40120, stated: “...Ms Doshuyeva requested the court to declare her husband a missing person on the basis of the following: At about 11 a.m. on 19 June 2002 her husband Mr Isa Yusupov had left home and had not returned. She has had no news of him since that date. In connection with this occurrence, the Oktyabrskiy district prosecutor’s office in Grozny had opened a criminal case. The measures taken by the investigation failed to produce results. According to Ms Doshuyeva, the declaration of her husband as a missing person is a prerequisite for preparing a pension application in respect of the loss of a breadwinner... According to the information statement of the Oktyabrskiy district department of the interior in Grozny no. 32/34 of 24 December 2003, [on an unspecified date] the Oktyabrskiy district prosecutor’s office opened criminal case no. 40120 in connection with the abduction of Mr Isa Yusupov on 19 June 2002. The whereabouts of Mr Isa Yusupov remain unknown. Considering that the establishment of the above fact is of legal significance for the applicant, and that it is impossible otherwise, non-judicially, to establish that fact, on the basis of the above the court, decides ... To recognise Mr Isa Yusupov as a missing person as of 19 June 2002...” The decision became final on 5 April 2004. 26. According to the Government’s submission of 15 November 2015, criminal case no. 40120 was erroneously mentioned in the court’s decision as the criminal case concerning the investigation of the abduction of another person, Mr Adam S.