Baysayeva v. Russia
Encyclopedia
Baysayeva v. Russia was an April 5, 2007, European Court of Human Rights
ruling in the case of forced disappearance
of a Chechen
man Shakhid Baysayev
, which unanimously held Russia
responsible for serious violations of the European Convention on Human Rights
. The decision was the latest in a series of judgements against Russia in cases connected to the war in Chechnya
.
In its unanimous judgment, the Court made a number of important findings:
The panel of seven judge
s, which included the Russian judge, ordered Russia to pay the applicant Asmart Baysayeva 50,000 Euro
in compensation
for moral damages. The government was also obliged to take steps to properly investigate Baysayev’s disappearance.
At the time of the ruling some 200 similar cases were pending before the Strasbourg
court. An estimated 5,000 people have "disappeared" in Chechnya since the start of the Second Chechen War
in 1999.
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
ruling in the case of forced disappearance
Forced disappearance
In international human rights law, a forced disappearance occurs when a person is secretly abducted or imprisoned by a state or political organization or by a third party with the authorization, support, or acquiescence of a state or political organization, followed by a refusal to acknowledge the...
of a Chechen
Chechen people
Chechens constitute the largest native ethnic group originating in the North Caucasus region. They refer to themselves as Noxçi . Also known as Sadiks , Gargareans, Malkhs...
man Shakhid Baysayev
Shakhid Baysayev
Shakhid Baysayev was Chechen civilian who was forcibly disappeared after being detained by Russian special police forces on the outskirts of Grozny, Chechnya in March 2000. His body was never found....
, which unanimously held Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
responsible for serious violations of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
. The decision was the latest in a series of judgements against Russia in cases connected to the war in Chechnya
Chechnya
The Chechen Republic , commonly referred to as Chechnya , also spelled Chechnia or Chechenia, sometimes referred to as Ichkeria , is a federal subject of Russia . It is located in the southeastern part of Europe in the Northern Caucasus mountains. The capital of the republic is the city of Grozny...
.
In its unanimous judgment, the Court made a number of important findings:
- The detentionDetention (imprisonment)Detention is the process when a state, government or citizen lawfully holds a person by removing their freedom of liberty at that time. This can be due to criminal charges being raised against the individual as part of a prosecution or to protect a person or property...
of Baysayev had been unlawful as Russian troops disregarded domestic legal procedures (Article 5 of the European Convention on Human Rights); - Baysayev must be presumed dead considering circumstances of his detention and the fact that he has been missing for more than six years. The Court held that the Russian government is responsible for his death (Article 2);
- The investigationDetectiveA detective is an investigator, either a member of a police agency or a private person. The latter may be known as private investigators or "private eyes"...
into the disappearance of Baysayev has been inadequate on numerous accounts (Article 2); - The suffering of Baysayev's wife as a result of her husband's "disappearance" and the failure of the Russian government to take adequate steps to clarify his fate reaches the threshold of inhuman and degrading treatment (Article 3);
- The refusal of the Russian authorities to submit the documents of criminal investigation file constitutes a failure to assist the Court in its investigation (Article 38).
The panel of seven judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s, which included the Russian judge, ordered Russia to pay the applicant Asmart Baysayeva 50,000 Euro
Euro
The euro is the official currency of the eurozone: 17 of the 27 member states of the European Union. It is also the currency used by the Institutions of the European Union. The eurozone consists of Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg,...
in compensation
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
for moral damages. The government was also obliged to take steps to properly investigate Baysayev’s disappearance.
At the time of the ruling some 200 similar cases were pending before the Strasbourg
Strasbourg
Strasbourg is the capital and principal city of the Alsace region in eastern France and is the official seat of the European Parliament. Located close to the border with Germany, it is the capital of the Bas-Rhin département. The city and the region of Alsace are historically German-speaking,...
court. An estimated 5,000 people have "disappeared" in Chechnya since the start of the Second Chechen War
Second Chechen War
The Second Chechen War, in a later phase better known as the War in the North Caucasus, was launched by the Russian Federation starting 26 August 1999, in response to the Invasion of Dagestan by the Islamic International Peacekeeping Brigade ....
in 1999.
External links
- CASE OF BAYSAYEVA v. RUSSIA (Application no. 74237/01) JUDGMENT
- Rights court blames Russia for Chechen's abduction, Reuters AlertNet, April 5, 2007
- European rights court rules against Russia in case of missing Chechen, International Herald TribuneInternational Herald TribuneThe International Herald Tribune is a widely read English language international newspaper. It combines the resources of its own correspondents with those of The New York Times and is printed at 38 sites throughout the world, for sale in more than 160 countries and territories...
, April 5, 2007 - Wife Of Missing Chechen Wins Lawsuit Against Russia, Radio Free Europe/Radio Liberty, April 5, 2007
- European Court of Human Rights finds Russia guilty in disappearance of man in Chechnya, Prima-NewsPrima (news agency)Prima is a news agency in Moscow, Russia which distributes human rights-related news in both English and Russian. It had been in form of newspaper in Moscow since 1987 but was founded as an agency in February 2000....
, April 11, 2005