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HR news |
23 January 2006
A Family Member of Applicant to European Court for Human Rights, Mekhti Mukhaev, Has been Illegally Detained and Subjected to Severe Torture
23.01.2006
Persecution of Residents of Zumsoj village continues
«European Parliament resolution on Chechnya after the elections and civil society in Russia»
adopted on January 20 20006 expressed deep concern with the failure of the European institutions to address “the ongoing serious human rights violations in the Chechen Republic despite the fact that those violations are still occurring on a large scale on both sides” and stressed that special emphasis must be placed on investigations into crimes against human rights activists, lawyers, prosecutors, judges and applicants to the European Court of Human Rights and their family members”.
At night of December 29/30 2005 was illegally detained and a family member of applicant to European Court for Human Rights Mekhti Mukhaev. Until today he is being subjected to torture aimed at fabrication of a criminal case.
“Memorial” calls on international organizations to closely follow this situation and ensure that the investigation of Mukhaev's case is carried out within the framework of the Russian and international law.
Below are the circumstances of this case.
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Throughout 2005 “Memorial” was closely following the developments in the high mountainous village of Zumsoj, Itum-Kalinsky district of Chechnya.
On January 14 and 16 the village and its surroundings were subjected to rocket bombing, then the military paratroopers landed from helicopters, looted the houses and detained 4 local residents: Nasipov Shirvani (born in 1956), Ibishev Magomed-Emin (born in 1965), Mukhaev Vakha (born in 1955) and his 16 year old son Atabi Mukhaev. The detained were put on helicopters and taken away in an unknown direction; in the evening the military servicemen promised to bring them back. As of January 23 2006 the whereabouts of the kidnapped remain unknown.
The relatives of the kidnapped repeatedly turned and wrote to prosecution asking to instigate a criminal case into the kidnapping, however, they never got any answer. In response to inquiry by the Chair of HRC “Memorial” Oleg Orlov, the Military Prosecution of the Russian Federation denied the fact that Russian military servicemen carried out special operations in the village of Zumsoi and informed by the way that all of the kidnapped persons, including the boy Atabi Mukhaev, were active supporters of illegal band formations and presently “might be located in the band of D. Umarov and T. Gaziev and hiding from persecution by the federal authorities”. The response of the Head of VOGO and P V. Koshelev was even more categorical: it states that his units did not plan or carry out any special operations on the territory of Itum-Kalinsky district in the period of 14.01.05 and 17.01.05.
However, the fact that the special operations not only did take place in the area of Zumsoi but were coordinated by the high commandment of the Unified Forces, was confirmed by local militia-the Itum-Kalinsky ROVD in their response to inquiries of human rights committee of the Chechen government. “In the period of 13.01.05 to 18.01.05 on the territory of Itum-Kalinsky district the special units of the federal forces together with the servicemen of the military commandant office of Itum-Kalinsky district in the mountainous-forestry area in the proximity of the villages of Zumsoi-Bugaroy was carried out an operation without participation of the personnel of VOVD or OVD of Itum-Kalinsky district.
On 17.02.05 we received a coded telegram number 5/32 signed by the deputy head of MOB MVD of the Chechen Republic, major of militia S.E.N. Sugaipov, which asks to identify personnel for carrying out special operations and addressed checks according to the order of commandant of Unified Group of Forces number 517 of 15.01.2005. The personnel of Itum-Kalinsky district participated in the operations only starting 17.01.05 until 23.01.05, before this date starting 13.01 the personnel of OVD and VOVD of the Chechen Republic were not allowed to reach the settlements where the special operations were carried out».
In August 2005 the relatives with legal assistance from “Memorial” filed an application to European court for Human Rights in Strasbourg. The application has been registered and the case will be processed with priority according to article 41.
In the end of January and in February 2005 in Zumsoi two other special operations were carried out, which resulted in looting of the village school, desecrating of the mosque, several dozens of cattle slaughtered. The military servicemen abused the local residents and advised them to leave the village, since they would not be left alone there, anyway.
On July 4 2005 unidentified servicemen in masks shot dead the head of local administration Abul-Azim Yangulbaev, who openly demanded to investigate the kidnapping and to ensure security to the villagers.
As a result in the end of July 2005 all the residents of Zumsoj were forced to leave their native village for security reasons. And now the family of Strasbourg court applicant is subjected to persecution.
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At night of December 29/30 2005 at about 1:00 a.m. was illegally detained and driven in the unknown direction Mukhaev Mehti Makhmutovich, born in 1958. He was detained in the house of his cousin Ilyas Agashev, located in Sadovaya street, 22, Gikalo village, Groznensky (Selsky) district of Chechnya. Mekhti came there before the Muslim holiday of Kurban-Bayram in order to sell his cattle, which he was unable to maintain, due to lack of fodder.
At about 1 a.m. two YAZ cars approached the house of Agashev. The representatives of unidentified security agency in camouflage uniform and in masks broke into the house; having targeted guns at Agashev they asked “Where is Mekhti?” and started searching the rooms. Having discovered Mekhti, they dragged him out of his bed, forced on the floor face down, put handcuffs, forced him out in his underwear and drove in the unknown direction.
The next day, on December 31 through their private channels the relatives found out that the same night Mekhti was brought to Urus-Martan court, where under invented pretext, a judge of Urus-Martan district court set an administrative arrest of 15 days for “minor hooliganism.”
After that the detained was brought to Itum-Kalinsky ROVD , where he was kept for 24 hours and then delivered to the district department of FSB of Shatoy district. The relatives turned to the prosecutor's office, however, they were informed that the prosecution knows nothing of the detainment. On January 16 the Prosecutor informed the relatives that on January 11 at 1 p.m. Mekhti was “transferred to the Central Prosecution of Grozny”. However, on January 17 representatives of HRC “Memorial” found out that on January 13 Mukhaev was transferred to ORB-2 (Operational-Investigating Bureau. In ORB-2 counter to the law of the Russian Federation detained and arrested people are being incarcerated) on suspicion of committing crimes, stipulated by articles 209 part 2 of the Criminal Code of the Russian Federation (participation in a band). The same evening, the Board Chair of HRC “Memorial” Oleg Orlov managed to reach ORB-2 by phone and the officer on duty told him that, indeed, Mukhaev was there “on suspicion of committing murder”. On January 18 Mukhaev was transferred to SIZO (Investigating Detainment Facility) and on January 20 an advocate (lawyer of HRC “Memorial”) was allowed access to him. It turned out that officially Mukhaev's detainment was registered only on January 13 2006, while actually he was forcefully driven away from his cousin's house at night of January 29/30 20005, and before that Mukhaev was kept in ROVD of Shatoy district for allegedly committed administrative misdemeanor.
Mukhaev told the following to the advocate (translated from Chechen by HRC “Memorial”):
After the detainment I was brought to Itum-Kalinsky ROVD, and in the morning was taken to the city, was brought into a room, where there was a man of very conspicuous appearance who asked me “Have you drunk?”. I said “I am not drinking”, after that I was not asked anything anymore and put again into a car and .I was taken to Shatoysky ROVD. For 11 days I was there, all the 11 days in Shatoy I was beaten, they showed me photos and asked whether I knew them. My head was swollen, they threatened me and set weapons at me and pressed trigger, all my guts were in pain, I could not breathe, but I did not give any testimonies, because I had nothing to tell.
11 days later I was taken to Grozny to ORB-2, where I was tortured with electric shock, beaten, I was in underwear without shoes, on my head was a hat, bound with tape, I was lying face down, my hands in hand cuffs, legs spread. They asked me if I knew these people and I said that I did not. Then they hit me with sticks on the head, on my ribs and kidneys, I could not breathe, and kept saying that I do not know, then I lost consciousness.
The cellmates told me that I remained unconscious for 24 hours and that the investigators brought me medicine and put it into my mouth, checking whether I was breathing; then they brought me a doctor. The doctor dubbed my skin with ointments, since I was very swollen.
Then they brought me to the investigator, and to all his questions I said “I do not know.” After that they again took me away and again tortured and threatened and kept saying that I will disappear without trace. They said that the federals had arrived to get me and that they want to take me o Khankala that then I will definitely disappear. Then Russians entered the room and those who tortured me told them: “Hold on a little more” and then to me “You have to say at least something or they will take you and you will never return home, think of your old mother, she will die if you disappear, think of your children”. I thought that, indeed, my mother would die if also I disappear, I thought may be it is better to go to prison and serve a sentence than to disappear, so I told them that once unidentified armed people broke into my house and threatening me with guns demanded food, they ate and left. When they asked who were they? I said that I did not know. On the photos I recognized those persons who were widely known by the people.
On the way to the investigator the criminal investigators told me that I should tell him the same what I told to them. I did it and the investigator asked why was I changing my evidence. I did not reply. In ORB I spent 9 days, on January 18 they brought me to SIZO-1. The doctors examined me, everything is registered in my medical card”.
According to the materials of the case, Mukhaev was detained on the basis of information provided by a man named Gamaev, who testified that Mukhaev was a participant of his armed group. “Memorial” lawyer was present at one of the interrogations of Gamaev and informed “Memorial” that as a result of beatings and torture Gamaev was unable to stand on his feet. On January 19 Gamaev was put in the same cell with Mukhaev. Mukhaev claims that in the cell Gamaev is weeping and asking his forgiveness for slandering him. Gamaev's brother met with the relatives of Mukhaev and delivered apologies that his brother was forced to slander an innocent man under torture. The charges have not been brought against Mukhaev, and as the investigator told the advocate that the investigating measures will be carried out in a week. The advocate is concerned that during this week Mukhaev will be again subjected to illegal methods of investigation.
From the biography of Mehti Mukhaev
In early 1990s brothers Mukhaev, residents of Zumsoj village, as the majority of the population of mountainous regions supported the policies of Dzokhar Dudaev, participated in demonstrations organized by the separatists. On March 30 2000, when the federal forces entered Zumsoj, representatives of federal security services killed a brother of Mekhti Mukhaev, the head of administration of Zumsoj, Mukhaev Sulumbek, born in 1962. Being afraid for their lives, the rest of Mukhaev brothers left the village and lived for some time in the forest with the group of combatants. According to the villagers, with the first occasion they left the group and were amnestied. Mekhti Mukhaev has a certificate of amnesty. Mukhaev does cattle-breeding for a living. According to the villagers, in all the subsequent years he never participated in illegal activities, he lived at home with his elderly mother, wife and three children and his live was exposed to everyone.
After the events of January 2005 when the four residents of Zumsoj were kidnapped, including his brother and nephew, Mekhti and his last brother Saliah remained the only young men in Zumsoj, since they had nowhere to go. After collective flight from the village in July, those residents of Zumsoi who had relatives on the plain tried to settle down there, while four families, including Mukhaevs, remained for the winter in Ushkaloy, 9 kilometers from Zumsoi, in hope that in spring they will be allowed to return to their native village.
The arrest and torture of Mekhti Mukhaev is received by his co-villagers as a pressure on the family who dared to file application to European Court for Human Rights.
HRC “Memorial” calls for attention of the international organizations to illegal actions committed against Mekhti Mukhaev, and asks to send inquiries to the Prosecutor's office of the Chechen Republic with the demand to urgently carry out prosecutor's investigation and punish the perpetrators guilty of breech of procedural code and torture, in order to prevent the fabrication of a criminal case against Mukhaev.
Fax of the Prosecutor's office of the Chechen Republic: +7 (8712) 22 31 44
Should you have any questions, please, contact HRC “Memorial” in Nazran
Phone/fax +7 8732 22 23 49
