European Court condemns Russia in landmark Chechen case

STRASBOURG, France - In a landmark ruling, the European Court of Human Rights has found Russia violated the "right to life" of a young Chechen who disappeared after a Russian general ordered him shot.

In the first ruling of its kind on a disappearance case in Chechnya, the court also ruled Russia had violated a ban on arbitrary detention and failed to provide an effective remedy due to the failings of the official Russian investigation into the disappearance of Khadzimurat Yandiyev.

He disappeared in February 2000, aged 25, after being filmed in the company of a Russian general ordering him taken away and "rubbed out".

His body has never been found but lawyers for his mother Fatima Bazorkina said the general's words made his fate clear.

"This is a landmark judgement with major importance for the hundreds of other Chechen disappearance cases still pending before the Court," said Ole Solvang, executive director of Russian Justice Initiative, in a statement released in Moscow.

The independent rights group, which gives legal advice to Chechens and others, initiated the case in Strasbourg.

It quoted Bazorkina as saying: "I now hope that the Russian authorities will make a serious effort to establish the truth about my son's fate and bring to justice those responsible."

The Strasbourg-based court ruled she had suffered inhumane treatment because of the uncertainty surrounding her son's fate and ordered Moscow to pay her €35,000 ($71,000) in compensation.

Bazorkina said she last saw her son on television in footage broadcast on CNN. Bearded and injured, the young man was arguing with a Russian general after soldiers demanded his documents.

"Get him the heck out of here," CNN had the general shouting, though the Russian words audible behind the English translation showed he used far cruder language.

"Rub him out, kill him, damn it. That's your entire order. Get him over there. Rub him out. Shoot him," he said in Russian.

Lawyers for Russia told the court the comments did not constitute a real order and reflected "an emotional reaction by an officer".

Bazorkina looked for her son in the detention centres where Russian troops kept suspected fighters. After she saw the video of her son being abused by Russian troops she appealed to prosecutors, who opened a criminal case in July 2001, 17 months after his disappearance.

In February 2004, they closed it again, citing lack of evidence. Human rights lawyers say that was wilful obstruction.

Russian rights groups estimate there have been 3000-5000 disappearances in Chechnya since Russian troops moved to crush the breakaway region's self-declared independence in 1999.

They say Russian troops have used abduction, rape and torture as weapons there and that the government has done too little to punish those responsible.

Officials say they take the problem seriously but General Alexander Baranov, the man who appeared to be ordering Yandiyev's execution, has not been prosecuted and in fact now commands all troops in southern Russia.

Thursday's judgement becomes final after three months, or earlier if the parties say they have no intention of asking for the case to be referred to the superior Grand Chamber.

- REUTERS