Non-selective use of force
At the first stage of the second
Chechen campaign, during the large-scale military conflicts, federal troops
everywhere resorted to massive and non-selective bombings and shell attacks. To
kill several insurgents, the army oftentimes sacrifices dozens and hundreds of
innocent civilians. Like in the first Chechen war, the federal forces used
armament, which was obviously not intended for selective targeted killings. Let
us take a few examples.
The use of “U-target” assault
missiles with cluster warheads stuffed with pellet bombs used in the center of
Groznyy on October 21, 1999, was widely covered in mass media. One missile
exploded in the Central market, which led to numerous casualties. Two other
missiles blew up near the maternity hospital and the central post office. About
one hundred forty persons died and over two hundred were injured. The
overwhelming majority of the killed and wounded people were innocent civilians.[1]
On October 27, 1999, the Russian TV
reported that the house of the well known Chechen commander and terrorist
Shamil Basayev located in
Air strikes were aimed against
vehicles moving along the roads and any groups of people near the roads. Thus, on October 28, 1999, near the
In none of such cases, none of the
responsible military officials was held criminally liable and no one was
punished. Four complaints telling about the innocent civilians wounded and
killed because of the non-selective actions of the Russian federal forces
became matter at issue at the
Thus,
Medka Isayeva, Zina Yusupova and Libkan Bazayeva submitted to the ECHR their
complaints against the actions of
Zara
Adamovna Isayeva from the
On
October 14, 2004, the ECHR held public hearings on the above described cases
and on February 24, 2005, it passed decisions in favor of the applicants recognizing
Regarding the
blows brought onto the column of refugees in the village of Shaami-Yurt, the
ECHR was ready to recognize that if the planes had been attacked by the illegal
armed formations (as the Russian party
insisted) the use of the lethal force might have been justifiable. However, even
in the case like this, it was obvious that the “army had used extremely
powerful weapon for the achievement of its purposes and all the people being at
this moment on the road were exposed to mortal danger. <…> The Court
cannot agree that the operation at the
As to the
blockade and fire attack of the village of Katyr-Yurt, from the ECHR decision
it follows that the military operation commanders had not undertaken necessary
actions to notify the civilians regarding the forthcoming fire attack of the
village and had not provided them with the opportunity to leave the village
before the firing, while the operation had been planned
in such a manner that human losses were unavoidable. From the materials of the
criminal case presented to the Court by the Russian party, it follows that
generals V. Shamanov and Ya. Nedobitko were responsible for the planning and
direct command of the operation. At present, the military procuracy organs have
resumed the investigation of the criminal cases on the facts of civilians’
death at the
Besides the
rulings of the ECHR with regard to the RF disproportionate and non-selective
use of force and failure to take necessary measures in order to protect
innocent civilians, the Court specifically emphasizes that no effective
investigation of these tragic cases has been undertaken: “The Court was amazed
by the series of serious and inexplicable omissions and inactivity of
investigatory bodies”.
In the decisions on the “Chechen”
cases[9]
the ECHR in no way challenged the legitimacy of struggle against informal armed
formations and repeatedly stated its understanding of the difficulties
inevitably confronted by the state when counteracting the armed separatism: “The situation that took place in Chechnya
at that time demanded that the state undertake exclusive measures to resume its
control of the republic and to suppress
illegal armed hostilities of the insurgents”.[10]
At the same time, the Court insisted on the necessary protection of the
rights and interests of innocent civilians.
Large-scale armed conflicts had
stopped by the summer of 2000; however, federal forces continued, although in
rarer cases, using non-selective attacks in towns and villages. Here are some
of the examples of different years.
On the night of October 10-11, 2001,
the
On the night of November 8-9, 2001,
after the attack by insurgents on the reconnaissance group of the armed forces,
residential quarters in the town of
On August 20, 2003, the
On October 2, 2003, at midday,
apartment houses in the streets Tsentralnaya and Sadovaya, the
On April 8, 2004, the far away farm
of Rigakhoy located high in the mountains, Vedensky district, was exposed to
air strike; the bomb fell onto the house of Imar-Ali Damayev. Practically the whole
family died: wife – Maidat Kudusovna Tsintsayeva, born in 1975; children –
Djanacy, 1999, Zharadat, 2000, Umar-Haji, 2002, Zara, 2003, Zura, 2003.[11]
The family of Kagermanovs, village
of Serzhen-Yurt, Shalinsky district, was killed on June 26, 2004, because of
direct hit in their house of the artillery shell: Lema Vakhayevich, 1955, his
wife Rashana, 1963, daughters Kheda, 1986, and Zhamilya, 1987.
On December 3, 2004, the small
Sometimes, the firings of
communities were deliberate.
Thus, on January 14, 2005,
helicopters bombed and missile-struck the
More
often, such firings are a result of errors, negligence or drunkenness. The army
sometimes pays the victims some money for the caused damage; several military
men were put on probation.
On September 27, 2005, at
On November 9, 2005, at
Recently, villages in mountainous
regions of the Republic have also become exposed to firings from the air.
On December
1, 2006, about 13.30 two missiles launched from the battle-plane hit the home
house belonging to the family of Gaytemirovs on the farm of Surokh, Shatoysky
district; Roza Akhilgova, 1962, Alikhan Gaytamirov, 1990, and Adlan Gaytamirov,
1988, as well as 22-year-old Zalpa Akhilgova were wounded. The employees of the
military procuracy assured the head of the family Umar Gaytemirov that before
the beginning of 2007 he would be paid 97 thousand rubles as indemnification
for the damage of his house and premises. After the New Year, Alikhan and Adlan
was promised to be paid 100 thousand rubles as compensation for the caused
physical harm, while Roza and Zalpa were not eligible for any compensation
because the family, ostensibly, could
not receive more than 200 thousand rubles.[12]
[1] This
case, as well as some other examples of non-selective bomb and missile attacks
was described in detail in the Report by the
[2]
Basayev's house was destroyed, four militants were killed, Basayev himself
remained safe.
[3]
There were destroyed not less than five two-storey 12-apartment houses, one
five-storey block of apartments and a lot of one-floor private houses; the
market and the taxi stand together with the cars were ruined; drivers and
passengers were killed.
[4]
That time Medka Isayeva’s two children and daughter-in-law were killed, she
herself was wounded. Zina Yusupova was badly wounded. Libkan Bazayeva
complained of moral damage and destruction of the property belonging to her
family.
[5]
The exit of the people and vehicles form
[6]
Zara Isayeva lost her son and three nephews during the bombing and gunfire in
the
[7]
Such was the information provided to the correspondents of the 1st and 2nd TV
channels of Russian television by the officers responsible for this operation
and, first of all, by major-general V. Shamanov, commander of the “Zapad” army
group
[8]
Art. 1 of the Protocol to the ECPHRFF (protection of property) was also found
violated in the case of L. Bazayeva
[9]
Like in the cases of
[10]
Decisions on the cases of Isayeva, Bazayeva and Yusupova.
[11]
Those guilty were not punished. The military procuracy closed the case on the
ground that the house had been destroyed and people killed due to the actuation
of the improvised explosive device.
[12]
This statements does not correspond to the reality. The Gaytemirovs are
relatives of Imar-ali Domayev whose wife and five children were killed on the
farm of Rigakhoy on April 8, 2004.