Khadzhi-Murat Yandiyev

Khadzhi-Murat Yandiyev (Yandiev) was a 25-year old Ingush man, who was forcibly disappeared in February 2000 after being filmed in the company of Russian Army general ordering him taken away and shot. To this date, his body has not been found.

In 2006, Yandiyev's mother sued Russia to the European Court of Human Rights (EHCR) for failing to adequately investigate the case. On July 27 2006, in a landmark ruling, the Court has held Russian Federation responsible for the "disappearance" and presumed death of Khadzhi-Murat Yandiyev.

CNN footage

Khadzhi-Murat Yandiyev was detained during the military siege of the Chechen capital Grozny. He had returned from Russia, where he had been studying at the Moscow Sociology University, in order to find his father. What appears to be the execution order was caught on camera in the television footage recorded by journalists from CNN who were travelling with Russian forces along with representatives of several Russian television stations.

The Russians captured a group of wounded Chechen fighters sheltering in a hospital in the village of Alkhan-Kala after passing through a minefield. Yandiyev, dressed in a Soviet-model military camouflage uniform, can be seen in the footage standing injured while Russian soldiers are kicking him and other Chechens in their wounded legs. With television cameras rolling, a top Russian military official then aggressively interrogates Yandiev before finally ordering his execution. Yandiyev and the Russian quickly get into an argument, and the officer eventually shouts: "Take him away, damn it, finish him off there, shit, - that’s the whole order. Get him out of here, damn it. Come on, come on, come on, do it, take him away, finish him off, shoot him, damn it..." Yandiyev was then separated from the other prisoners and the soldiers led him away. He has not been seen since.

The officer in [http://www.youtube.com/watch?v=oZW1uwMma5w the footage] , then General Alexander Baranov, has not been charged with any misconduct, and is currently serving as the chief commander of the North Caucasus Military District. He was also since promoted to the rank of Colonel General and awarded with a title of the Hero of the Russian Federation.

Mother's quest

According to his mother Fatima Bazorkina, her son's disappearance stemmed from a tragic misunderstanding. She said Khadzhi left university as soon as the Second Chechen War broke out in 1999 to search for his father, who he believed was besieged in Grozny but had actually left Chechnya to join Bazorkina at a relative's house in Ingushetia. Bazorkina said she never saw her son after August 1999.

Following Yandiyev’s disappearance, Bazorkina scoured the republic's mass graves and detention centers where Russian troops kept suspected fighters. After she saw the CNN footage of her son 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.

Case of Borozkina vs Russia

This was the first "disappearance" case the EHCR was hearing from the Chechen conflict and it could set an important precedent for the 200 or so other similar claims which are waiting to be heard.

The ruling was posted on the Strasbourg-based court's official website. It said that a chamber of seven judges in the case Bazorkina v Russia unanimously held that:

* there had been a violation of Article 2 (right to life) of the European Convention on Human Rights in respect of Mr Yandiyev's disappearance

* there had been a violation of Article 2 of the Convention in respect of the failure to conduct an effective investigation into the circumstances in which Mr Yandiyev disappeared

* there had been no violation of Article 3 (prohibition of inhuman or degrading treatment) in respect of the failure to protect Mr Yandiyev from ill-treatment

* there had been a violation of Article 3 in respect of Mrs Bazorkina

* there had been a violation of Article 5 (right to liberty and security) with regard to Mr Yandiyev's detention

* there had been a violation of Article 13 (right to an effective remedy) in respect of the violations of Mrs Bazorkina's rights under Articles 2 and 3

The court awarded Mrs Bazorkina 35,000 euros (£24,000) in damages and 12,241 euros (£8,400) for costs and expenses.

Lawyers for Yandiyev's family have said they hope the case would force Russia to crack down on thousands of disappearances which have occurred in Chechnya since the start of the Second Chechen War.

On May 15, 2007, the court had thrown out Russia's appeal of the ruling. [ [http://www.themoscowtimes.com/stories/2007/05/17/012.html Russia Loses Chechen Appeal] , "The Moscow Times", May 17, 2007]

References

* [http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=807138&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649 CASE OF BAZORKINA v. RUSSIA] , European Court of Human Rights, 27 July 2006

External links

* [http://www.hrw.org/reports/2001/chechnya/Disapfin-02.htm#P313_63271 The Raid on Alkhan-Kala Hospital (February 2, 2000)] , Human Rights Watch, 2001
* [http://news.bbc.co.uk/2/hi/europe/5219786.stm A Chechen mother's painful search] , BBC News, 27 July 2006
* [http://news.bbc.co.uk/2/hi/europe/5219254.stm Russia censured over Chechen man] , BBC News, 27 July 2006
* [http://hrw.org/english/docs/2006/07/27/russia13864.htm Russia Condemned for 'Disappearance' of Chechen] , Human Rights Watch, July 27, 2006
* [http://www.themoscowtimes.com/stories/2006/07/28/002.html European Court Sides With Chechen Mother] , "The Moscow Times", July 28, 2006
* [http://www.independent.co.uk/news/europe/judgment-gives-hope-to-families-of-5000-disappeared-chechens-409556.html Judgment gives hope to families of 5,000 'disappeared' Chechens] , "The Independent", 28 July 2006
* [http://www.nytimes.com/2006/07/28/world/europe/28russia.html?_r=1 Russia Faulted in Captive’s Death in Chechnya] , "The New York Times", July 28, 2006
* [http://business.timesonline.co.uk/tol/business/law/public_law/article693961.ece Victory for the mother whose son was killed by the Russians] , "The Times", July 28, 2006
* [http://eng.kavkaz.memo.ru/newstext/engnews/id/1186914.html European Court dismisses Russia's complaint on the case of Yandiev who disappeared in Chechnya in 2000] , Memorial, 17/5/2007