{"id":18119,"date":"2022-03-01T18:28:45","date_gmt":"2022-03-01T18:28:45","guid":{"rendered":"https:\/\/laweuro.com\/?p=18119"},"modified":"2022-03-01T18:28:45","modified_gmt":"2022-03-01T18:28:45","slug":"case-of-sala-khamidov-and-others-v-russia-european-court-of-human-rights-32267-08-and-3-others","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=18119","title":{"rendered":"CASE OF SALA KHAMIDOV AND OTHERS v. RUSSIA (European Court of Human Rights) 32267\/08 and 3 others"},"content":{"rendered":"<p>The applications concern the applicants\u2019 alleged ill-treatment by State officials and unrecorded detention between 2000 and 2008 in Chechnya and Ingushetia, and the alleged ineffective investigations in that regard.<\/p>\n<hr \/>\n<p style=\"text-align: center;\">THIRD SECTION<br \/>\n<strong>CASE OF SALA KHAMIDOV AND OTHERS v. RUSSIA<\/strong><br \/>\n<em>(Applications nos. 32267\/08 and 3 others \u2013 see appended list)<\/em><br \/>\nJUDGMENT<br \/>\nSTRASBOURG<br \/>\n1 March 2022<\/p>\n<p>This judgment is final but it may be subject to editorial revision.<\/p>\n<p><strong>In the case of Sala Khamidov and Others v. Russia,<\/strong><\/p>\n<p>The European Court of Human Rights (Third Section), sitting as a Committee composed of:<\/p>\n<p>Darian Pavli, President,<br \/>\nPeeter Roosma,<br \/>\nMikhail Lobov, judges,<br \/>\nand Olga Chernishova, Deputy Section Registrar,<\/p>\n<p>Having regard to:<\/p>\n<p>the applications (nos.\u00a032267\/08 and 3 others) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) by thirty Russian nationals (\u201cthe applicants\u201d) on the various dates indicated in Appendices I and II;<\/p>\n<p>the decision to give notice of the applications to the Russian Government (\u201cthe Government\u201d);<\/p>\n<p>the parties\u2019 observations;<\/p>\n<p>the decision to reject the Government\u2019s objection to examination of application Tsechoyev v. Russia (no. 52270\/10) by a Committee;<\/p>\n<p>Having deliberated in private on 1 February 2022,<\/p>\n<p>Delivers the following judgment, which was adopted on that date:<\/p>\n<p><strong>INTRODUCTION<\/strong><\/p>\n<p>1. The applications concern the applicants\u2019 alleged ill-treatment by State officials and unrecorded detention between 2000 and 2008 in Chechnya and Ingushetia, and the alleged ineffective investigations in that regard.<\/p>\n<p><strong>THE FACTS<\/strong><\/p>\n<p>2. The applicants are Russian nationals. Their personal details are indicated in Appendices I and II.<\/p>\n<p>3. The Government were represented by Mr G. Matyushkin and Mr\u00a0M.\u00a0Galperin, the then Representatives of the Russian Federation to the European Court of Human Rights, and lately by Mr M. Vinogradov, their successor in that office.<\/p>\n<p>4. The facts of the case, as submitted by the parties, may be summarised as follows.<\/p>\n<p><strong>I. Sala Khamidov v. Russia (application no. 32267\/08)<\/strong><\/p>\n<p><strong>A. Alleged ill-treatment<\/strong><\/p>\n<p>5. According to the applicant, on 25 May 2000 at around 10 p.m. Russian military officers opened random fire in the village of Znamenskoye, in the Nadterechniy District of Chechnya. The officers attacked the applicant near his sister\u2019s house, beat him with gun butts and put him in a vehicle. The applicant\u2019s nephew, his wife and neighbours witnessed the applicant\u2019s abduction.<\/p>\n<p>6. According to the applicant, the officers took him to the outskirts of the village, beat him, pulled out his teeth denture and took his money. When the applicant fainted, the officers undressed him and threw him out of the car.<\/p>\n<p>7. On 26 May 2000 at around 6.30 a.m. the applicant was found by a villager. The applicant was immediately taken to a hospital.<\/p>\n<p>8. According to the extract of the applicant\u2019s medical card of 26\u00a0May\u00a02000, he had a closed craniocerebral injury, brain concussion of second degree, chest contusion, and a closed two-sided fracture of his jaw.<\/p>\n<p>9. On 1 June 2000 a military commandant of the Nadterechniy District requested the head of the military hospital in Mozdok in the North Ossetia to admit the applicant for a qualified medical treatment.<\/p>\n<p><strong>B. Criminal investigation<\/strong><\/p>\n<p>10. On 26 May 2000 an investigator of the Prosecution Office in the Nadterechniy District opened a criminal case into hooliganism. According to the decision, a group of unidentified armed men in military uniform opened random fire in Znamenskoye and then beat up civilians, including the applicant. The applicant was granted victim status.<\/p>\n<p>11. On 30 June 2000 the criminal case was transferred to a military prosecutor. On 21 July 2000 the case was sent back to the prosecution office for the failure to identify military officers.<\/p>\n<p>12. Between July 2000 and 28 March 2006 the criminal case was suspended for the failure to identify perpetrators at least three times.<\/p>\n<p>13. On 17 March 2008 the latest known decision to suspend the criminal case of 28\u00a0March\u00a02006 was overruled.<\/p>\n<p>14. On 19 March 2008 the Nadterechniy District Court rejected the applicant\u2019s complaint against the suspension on the grounds that the decision had already been overruled.<\/p>\n<p>15. On 18 April 2008 the investigator of the Naurskiy inter-district investigation department suspended the case for the failure to identify perpetrators. On 22 July 2008 the decision was overruled as incomplete.<\/p>\n<p><strong>II. Aspiyev and Others v. Russia (application no. 64941\/09)<\/strong><\/p>\n<p>16. The applicants are twenty-six Russian nationals. Their personal details are indicated in Appendix II.<\/p>\n<p><strong>A. The events of 27 and 28 July 2007<\/strong><\/p>\n<p>17. On 27 July 2007 unidentified persons shelled the building of the Federal Security Service Department for Ingushetia (\u201cthe Ingushetia FSB\u201d) in the city of Magas, killing a military officer.<\/p>\n<p>18. On 28 July 2007 at around 4 a.m. a group of military officers arrived in Ali-Yurt on armoured personnel carriers (\u201cAPCs\u201d) and two Gazel minibus vehicles without number plates.<\/p>\n<p>19. The officers broke into the applicants\u2019 houses, pulling them out and beating them with gun butts, demanding to give information about the attack of 27 July 2007. For the description of the applicants\u2019 alleged ill-treatment, see Appendix II.<\/p>\n<p>20. According to the applicants, the military beat around thirty residents, including women, minors and elderly. In total around twenty residents were taken to Nazran and Moscow hospitals.<\/p>\n<p>21. According to the investigator\u2019s report of 28 July 2007 (\u201c\u0440\u0430\u043f\u043e\u0440\u0442 \u043e\u0431 \u043e\u0431\u043d\u0430\u0440\u0443\u0436\u0435\u043d\u0438\u0438 \u043f\u0440\u0438\u0437\u043d\u0430\u043a\u043e\u0432 \u043f\u0440\u0435\u0441\u0442\u0443\u043f\u043b\u0435\u043d\u0438\u044f\u201d), the applicants and a number of other residents had been admitted to hospitals with injuries of various severity and degree. Several applicants underwent forensic medical examination between 28 July and 2 August 2007. For the description of the applicants\u2019 injuries, see Appendix II.<\/p>\n<p>22. Applicants Mr Khuseyn Nalgiyev, Mr Magomet Nalgiyev, Mr Umalat Nalgiyev, Ms Aset Nalgiyeva and Mr Yakhya Yevloyev did not undergo any medical examination. According to the applicants, they did not do so because they were told that complaining against State officers would be futile.<\/p>\n<p>23. No medical documents were provided in respect of Mr Ibragim Yevloyev and Mr Zalimkhan Yevloyev. According to Mr Zalimkhan Yevloyev, following the events he was on sick leave for two weeks, but he did not have any documents. According to the report of the medical examination of Mr Vakha Dobriyev, he did not sustain any injuries.<\/p>\n<p><strong>B. Criminal investigation<\/strong><\/p>\n<p>24. On 30 July 2007 the applicants complained to the Prosecution Office of the Nazranovskiy District.<\/p>\n<p>25. On 3 September 2007 a senior investigator opened a criminal case into abuse of power with the use of violence.<\/p>\n<p>26. On unspecified dates, the applicants were granted victim status, except for Ms\u00a0Tanzila Esmurziyeva and Mr Issa Batsayev.<\/p>\n<p>27. On 18 March 2008 the investigator transferred the criminal case to a military prosecutor of the North Caucasus Military Circuit. According to the decision, following the attack on the FSB building, the head of the Ingushetia FSB decided to carry out a counterterrorist operation in Ali-Yurt.<\/p>\n<p>28. The decision cited witness statements of local police officers, according to which on 28\u00a0July 2008 at 4 a.m. they had received a call from an on-duty officer that unidentified armed law-enforcement officers in masks had been beating Ali\u2011Yurt residents. When police officers arrived, armed officers in masks and uniforms without insignia insulted them and did not let them enter the village, explaining that a special operation in Ali-Yurt carried out by FSB officers was ongoing. At 4.30 a.m. a convoy of military vehicles and APCs without number plates entered Ali-Yurt. At 6 a.m. the convoy left the village and at 7\u00a0a.m. police officers entered it.<\/p>\n<p>29. The Minister of the Interior of Ingushetia and heads of the various departments of the Ministry of the Interior gave similar statements.<\/p>\n<p>30. The investigator concluded that on 28 July 2007 between 4 and 6\u00a0a.m. the Ingushetia FSB officers had carried out a special operation in Ali-Yurt, during which they had inflicted bodily injuries to the residents of the village.<\/p>\n<p>31. On 9 September 2008 a senior military investigator transferred the case to the head of the investigation department for a decision on jurisdiction. According to its extracts, the special operation was carried out by the officers of military unit no. 3718, special police forces (OMON), the Temporary Operational Troops of the Ministry of the Interior in Ingushetia (\u201c\u0412\u0440\u0435\u043c\u0435\u043d\u043d\u0430\u044f \u043e\u043f\u0435\u0440\u0430\u0442\u0438\u0432\u043d\u0430\u044f \u0433\u0440\u0443\u043f\u043f\u0438\u0440\u043e\u0432\u043a\u0430 \u041c\u0412\u0414 \u0420\u0424 \u0432 \u0420\u0418\u201d), the United Group Alignment in the Northern Caucasus (\u201c\u041e\u0431\u044a\u0435\u0434\u0438\u043d\u0435\u043d\u043d\u0430\u044f \u0433\u0440\u0443\u043f\u043f\u0438\u0440\u043e\u0432\u043a\u0430 \u0432\u043e\u0439\u0441\u043a\u201d) and the Ingushetia FSB.<\/p>\n<p>32. On an unspecified date the applicants challenged the decision of 9\u00a0September 2008 before the Pyatigorsk Garrison Military Court.<\/p>\n<p>33. On 25 June 2009 the Pyatigorsk Garrison Military Court discontinued the proceedings for the lack of jurisdiction.<\/p>\n<p>34. On 7 August 2009 the applicants challenged the court decision.<\/p>\n<p>35. On 22 October 2009 the North Caucasus Circuit Military Court (\u201cthe Circuit Court\u201d) dismissed the applicants\u2019 appeal, finding that there was no evidence of the military officers\u2019 involvement in the events. It concluded that officers of the Temporary Operational Group of the Ingushetia Ministry of the Interior and Inter-Municipal department of the Ingushetia Ministry of the Interior (\u201c\u041c\u0435\u0436\u043c\u0443\u043d\u0438\u0446\u0438\u043f\u0430\u043b\u044c\u043d\u044b\u0439 \u043e\u0442\u0434\u0435\u043b \u041c\u0412\u0414 \u0420\u043e\u0441\u0441\u0438\u0438 \u043f\u043e \u0420\u0418\u201d) had carried out the operation, and not the military. The investigation was therefore to be carried out by civil investigators.<\/p>\n<p><strong>C. Suspension of the criminal case<\/strong><\/p>\n<p>36. On 6 December 2008 the investigator of the Nazranovskiy inter\u2011district investigation department suspended the case for the failure to identify perpetrators.<\/p>\n<p>37. In August 2009 the applicants, including Ms\u00a0Tanzila Esmurziyeva and Mr Issa Batsayev, complained against the suspension before the court.<\/p>\n<p>38. On 26\u00a0August 2009 the Nazran District Court declared the decision on suspension of the criminal case unlawful, finding that there was \u201csufficient information about the operation conducted in Ali-Yurt\u201d, but the investigators had failed to identify perpetrators, and carry out other investigative measures.<\/p>\n<p>39. On 25 October and 27 November 2009 the investigator again suspended the criminal case, noting that \u201cit was not possible solve the crime\u201d.<\/p>\n<p><strong>D. Other relevant information<\/strong><\/p>\n<p>40. Applicant Mr\u00a0Magomet Tsuroyev died on 6 December 2018. His wife, Ms\u00a0Kazban Tsuroyeva, expressed her wish to continue with the application before the Court.<\/p>\n<p>41. Applicant Mr Ramazan Nalgiyev died on an unspecified date. On 11\u00a0May 2021 his son, Mr Adam Nalgiyev, expressed his wish to continue the application.<\/p>\n<p>42. On 22 November 2021 the applicants\u2019 representative informed the Court that Mr Adam Nalgiyev had decided not to pursue the application before the Court.<\/p>\n<p><strong>III. Aushevy v. Russia (application no. 44279\/10)<\/strong><\/p>\n<p>43. The applicants are Mr Magomed Osmanovich Aushev (Mr\u00a0M.O.\u00a0Aushev) and Mr Magomed Maksharipovich Aushev (Mr\u00a0M.M.\u00a0Aushev). The applicants\u2019 personal details are indicated in Appendix I.<\/p>\n<p><strong>A. Mr M.O. Aushev\u2019s alleged ill-treatment<\/strong><\/p>\n<p><em>1. The events of 17\u00a0June 2007<\/em><\/p>\n<p>44. On 17 June 2007 at about 5 a.m. Ingushetia FSB officers apprehended Mr\u00a0M.O. Aushev in his house in the village of Surkhakhi and took him to the FSB office in Vladikavkaz. According to the applicant, officers subjected him to electric shocks, hanged him by his arms and hit his feet with truncheons. The officers then took him to a forest, forced him into a pit and threw soil on him. They put a bulletproof jacket on him and fired two shots in him. When the applicant agreed to cooperate with the FSB, he was released.<\/p>\n<p><em>2. Inquiry into the alleged ill-treatment<\/em><\/p>\n<p>45. On 18 June 2007 Mr\u00a0M.O. Aushev complained about his ill-treatment to a prosecutor.<\/p>\n<p>46. On 22 June 2007 a medical expert examined the applicant and recorded an abrasion on his forehead and bruises on his nose, his shoulder and knees.<\/p>\n<p>47. On 14 August 2007 and 30 January 2008 investigators refused to open a criminal case, relying on the statements of unnamed FSB officers, who had denied the use of force and submitted that they had taken the applicant to the FSB office for an interview and then released him.<\/p>\n<p>48. On 16 June 2008 the refusal of 30 January 2008 was overruled, and the case was transferred to the military investigation committee. On 11\u00a0February 2009 a military investigator refused to open a criminal case.<\/p>\n<p>49. On 8 June 2009 the Vladikavkaz Military Garrison Court dismissed the applicant\u2019s appeal against the refusal of 11 February 2009, finding that there was no evidence of the applicant\u2019s ill-treatment.<\/p>\n<p>50. On 27 August 2009 the Circuit Court quashed the decision of 8 June 2009, finding the inquiry incomplete.<\/p>\n<p>51. On 7\u00a0and 16 October 2009 the refusals of 11 February 2009 and 14\u00a0August 2007, respectively, were quashed as incomplete.<\/p>\n<p>52. On 16 October 2009 and 13 June 2011 the military investigator refused to open a criminal case, relying on the statements of unnamed FSB officers.<\/p>\n<p><strong>B. The applicants\u2019 alleged ill-treatment<\/strong><\/p>\n<p><em>1. The events of 18 September 2007<\/em><\/p>\n<p>53. On 18 September 2007 a group of armed men in camouflage uniforms stopped both applicants at the \u201cChernorechye\u201d checkpoint near Grozny. They took them to Ingushetia, punching and hitting them with gun butts in a car. They reminded Mr\u00a0M.O. Aushev that he had agreed to cooperate with the FSB. The officers took them to an undisclosed location, where they subjected Mr\u00a0M.O. Aushev to electric shocks.<\/p>\n<p>54. The applicants were held in a basement of a building for two days without food or water. The men regularly beat them.<\/p>\n<p>55. On the night of 20 September 2007 the men took the applicants to the Shatoyskiy police station in Chechnya, where they were allowed to call their relatives and then released.<\/p>\n<p><em>2. Criminal investigation<\/em><\/p>\n<p>56. On 20 September 2007 the applicants lodged a complaint with the Shatoyskiy police station about their detention and ill-treatment.<\/p>\n<p>57. On 21 September 2007 the applicants underwent medical forensic examinations. Mr M.O. Aushev had abrasions on his right leg and chest, bruises on his left eye, left leg, chest and back. Mr M.M. Aushev had abrasions and bruises on his chest and in his lumbar area.<\/p>\n<p>58. On 8 October 2007 the investigator opened a criminal case into abduction and the applicants were granted victim status.<\/p>\n<p>59. On 8 December 2007 the criminal investigation was suspended due to the failure to identify perpetrators.<\/p>\n<p>60. On 10 December 2012 the Ministry of the Interior of Chechnya informed the investigator that between 18 and 20 September 2007 the applicants had been held in the basement of the Department of the Interior of the Urus-Martan District.<\/p>\n<p>61. On 24 March 2008 the decision of 8 December 2007 was overruled.<\/p>\n<p>62. Between 24 April 2008 and 12 August 2011 the investigation was suspended at least six times.<\/p>\n<p><strong>IV. Tsechoyev v. Russia (application no. 52270\/10)<\/strong><\/p>\n<p><strong>A. Background information<\/strong><\/p>\n<p>63. In March 2004 the applicant\u2019s brother, Mr Tamerlan Tsechoyev, disappeared following his arrest by Ingushetia FSB officers (see Ozdoyev and Others v. Russia [Committee], nos.\u00a09782\/08 and 9 others, 27 August 2019).<\/p>\n<p>64. At the time of the events, the applicant was an employee of non-profit human rights organisation. On an unspecified date website \u201cIngushetia.org\u201d published names of the FSB officers who had allegedly abducted Ingushetia residents, including the applicant\u2019s brother.<\/p>\n<p><strong>B. Alleged ill-treatment<\/strong><\/p>\n<p>65. On 25 July 2008 at about 6 a.m. a group of fifty armed men on APCs and Gazel minibuses surrounded the applicant\u2019s house. According to the applicant, the men were officers of the Ingushetia FSB. The officers, armed with submachine guns and equipped with radio, were wearing camouflage uniforms, helmets and shields.<\/p>\n<p>66. The applicant voluntarily went out of his house. The officers put him on the ground and hit him with a gun butt. The officers searched his house for fifteen minutes and then took him in the direction of Magas.<\/p>\n<p>67. They took the applicant to an undisclosed location. They demanded him to confess to having disclosed the FSB officers\u2019 names. The applicant denied. The officers then put a plastic bag over his head, punched and kicked him, interrogating the applicant about his work. The officers threatened him with rape by a shovel stick.<\/p>\n<p>68. At some point, the officers asked the applicant to sign a document that he had no complaints against the officers. They released him at the outskirts of Magas, reminding him not to complain.<\/p>\n<p>69. The applicant was admitted to a hospital in Nazran, where he stayed until 23 August 2008.<\/p>\n<p><strong>C. Criminal investigation<\/strong><\/p>\n<p>70. On 25 July 2008 the applicant\u2019s wife complained about his abduction to the prosecutor\u2019s office of the Sunzhenskiy District of Ingushetia.<\/p>\n<p>71. On 29 July 2008 an investigator opened a criminal case into abuse of power with the use of violence and granted the applicant victim status.<\/p>\n<p>72. In August 2008 the applicant underwent a medical forensic examination. The applicant had numerous hematomas, bruises and abrasions on his face, neck, shoulders, chest, hands, and thighs. He was diagnosed with a closed craniocerebral injury, brain contusion of first degree, distortion of the cervical spine, closed fracture of his left leg.<\/p>\n<p>73. On 29 November 2008 and 4\u00a0January 2009 the criminal case was suspended for the failure to identify perpetrators.<\/p>\n<p>74. On 16 January 2009 the investigator transferred the case to the military investigation department, finding that the FSB officers had held the applicant in the building of the Ingushetia FSB and beat him. The investigator relied on the applicant\u2019s medical documents and witness statements of the applicant\u2019s wife and their neighbours.<\/p>\n<p>75. On 13 March 2009 the Deputy Head of the Military Investigation Department refused to open a criminal case, relying on the statements of the various officers of the Ingushetia FSB structures. They all denied that a special operation had been carried out in respect of the applicant.<\/p>\n<p><strong>D. Judicial review by the military courts<\/strong><\/p>\n<p>76. On 25 October 2009 the applicant challenged the decision of 13\u00a0March 2009 before the Nalchik Garrison Military Court.<\/p>\n<p>77. On 4 December 2009 the Military Court found his complaint unsubstantiated, mainly referring to the statements of the FSB officers.<\/p>\n<p>78. On 4 March 2010 the Circuit Court dismissed the applicant\u2019s appeal, finding that the involvement of FSB officers had not been proven and that the criminal case had been transferred to the civil investigation department.<\/p>\n<p>79. The outcome of the investigation by the civil investigation department is unclear.<\/p>\n<p><strong>RELEVANT LEGAL FRAMEWORK AND PRACTICE<\/strong><\/p>\n<p>80. For the relevant provisions of domestic law on the prohibition of torture and other forms of ill-treatment and the procedure for examining a criminal complaint, see Ryabtsev v. Russia (no. 13642\/06, \u00a7\u00a7 48\u201152, 14\u00a0November 2013), and Lyapin v. Russia (no. 46956\/09, \u00a7\u00a7 96-102, 24\u00a0July\u00a02014).<\/p>\n<p><strong>THE LAW<\/strong><\/p>\n<p>I. JOINDER OF THE APPLICATIONS<\/p>\n<p>81. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.<\/p>\n<p>II. PRELIMINARY OBJECTIONS<\/p>\n<p>82. In the application of Aspiyev and Others (no. 64941\/09), the Government disputed the standing of Ms Kazban Tsuroyeva, the wife of late Mr\u00a0Magomet Tsuroyev, and Mr\u00a0Adam Nalgiyev, the son of late Mr Ramazan Nalgiyev (see paragraphs 40 and 41 above), arguing that the applicants\u2019 complaints concerned non-transferable rights, and thus invited the Court to strike their application out.<\/p>\n<p>83. Concerning the standing of Mr\u00a0Adam Nalgiyev, the Court notes that he expressed his wish not to pursue the application with the Court (see paragraph 42 above). In the light of the foregoing, in accordance with Article\u00a037\u00a0\u00a7 1 (c) of the Convention, the Court considers that it is no longer justified to continue the examination of Mr\u00a0Ramazan Nalgiyev\u2019s complaint.<\/p>\n<p>84. As to the standing of Ms Kazban Tsuroyeva, the Court reiterates that in applications concerning Article\u00a03 of the Convention there exists a strong presumption of a legitimate or sufficient interest of an applicant\u2019s next of kin in continuing the case (see Magnitskiy and Others v.\u00a0Russia, nos. 32631\/09 and 53799\/12, \u00a7 176, 27\u00a0August 2019, with further references).<\/p>\n<p>85. Having regard to the subject matter of the application and all the information in its possession, the Court considers that Ms Kazban Tsuroyeva has a legitimate interest in pursuing the application and that she has the requisite locus standi under Article 34 of the Convention. It therefore dismisses the Government\u2019s preliminary objection.<\/p>\n<p>III. ALLEGED VIOLATIONS OF ARTICLES 3 AND 13 OF THE CONVENTION<\/p>\n<p>86. The applicants complained that they had been ill-treated by military and FSB officers and that no effective investigation into their complaints had been carried out, and that there had been no effective remedies available in respect of their complaints, as provided in Articles 3 and 13 of the Convention, which read as follows:<\/p>\n<p style=\"text-align: center;\">Article 3<\/p>\n<p>\u201cNo one shall be subjected to torture or to inhuman or degrading treatment &#8230;\u201d<\/p>\n<p style=\"text-align: center;\">Article 13<\/p>\n<p>\u201cEveryone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority &#8230;\u201d<\/p>\n<p><strong>A. Admissibility<\/strong><\/p>\n<p><em>1. Sala Khamidov v. Russia (no. 32267\/08)<\/em><\/p>\n<p>87. The Government submitted that the applicant had failed to comply with the six-month time-limit, because he had been inactive for a year and a half before he had challenged the decision to suspend the investigation of 28\u00a0March 2006. They also stated that the applicant had failed to pursue civil proceedings to claim damages and thus failed to exhaust domestic remedies.<\/p>\n<p>88. The Court observes that the applicant lodged his application with the Court on 29 May 2008. Contrary to the Government\u2019s view, it does not consider the suspension decision of 28 March 2006 final in the meaning of Article 35 \u00a7 1 of the Convention. That decision, as well as subsequent similar decision of 18 April 2008, have been overruled (see paragraph 15 above). The Court considers that in the present case the applicant complied with the requirements of Article 35 \u00a7 1 of the Convention.<\/p>\n<p>89. As to the civil remedy invoked by the Government, the Court reiterates that it would be excessive to require from the applicant to pursue a civil-law remedy after a criminal one had failed (see Magnitskiy and Others, cited above, \u00a7 254).<\/p>\n<p>90. The Court therefore dismisses the Government\u2019s admissibility objections.<\/p>\n<p><em>2. Aspiyev and Others v. Russia (no. 64941\/09)<\/em><\/p>\n<p>(a) Compliance with the six-month rule and exhaustion of domestic remedies<\/p>\n<p>91. The Government stated that applicants Mr Issa Batsayev and Ms\u00a0Tanzila Esmurziyeva had not exhausted domestic remedies because they had not been accorded victim status in domestic investigation. They further stated that the application was lodged out of time because it had taken the applicants about a year to challenge the suspension decision of 6\u00a0December 2008. Lastly, they stated that the applicants had not challenged the suspension decisions of 25 October and 27\u00a0November 2009.<\/p>\n<p>92. The Court notes that the applicants, including Mr Issa Batsayev and Ms\u00a0Tanzila Esmurziyeva, challenged the latest suspension decision (see paragraph 37 above). The domestic court, despite the lack of their formal victim status, after having examined the substance of the applicants\u2019 complaint, quashed the investigator\u2019s decision (see Markaryan v.\u00a0Russia, no.\u00a012102\/05, \u00a7 45, 4\u00a0April 2013).<\/p>\n<p>93. The Court further notes that following the suspension decision of 6\u00a0December 2008 there were at least two more similar decisions in the criminal case (see paragraphs 39 above). The decision of 6 December 2008 was therefore not final within the meaning of Article 35 of the Convention, from which the six-month period should be counted. The applicants indeed did not challenge the subsequent suspension decisions of 25 October and 27\u00a0November 2009. However, in view of these previous decisions to suspend and reopen the proceedings, the Court is not convinced that another appeal to a court would have been effective (see Vanfuli v.\u00a0Russia, no.\u00a024885\/05, \u00a7\u00a7\u00a072-75, 3\u00a0November 2011).<\/p>\n<p>94. The Government\u2019s objections should therefore be dismissed.<\/p>\n<p>(b) Lack of \u201carguable claim\u201d<\/p>\n<p>95. The Government submitted that applicants Mr\u00a0Khuseyn Nalgiyev, Mr\u00a0Magomet Nalgiyev, Mr\u00a0Umalat Nalgiyev, Ms\u00a0Aset Nalgiyeva, Mr\u00a0Yakhya Yevloyev, Mr Ibragim Yevloyev, Mr\u00a0Zalimkhan Yevloyev and Mr Vakha Dobriyev did not have an \u201carguable claim\u201d. The applicants submitted that they had been given victim status in domestic investigation.<\/p>\n<p>96. The Court notes that indeed no medical documents, or any other proof of the alleged sustained injuries, were provided in respect of the applicants mentioned by the Government, except for Mr\u00a0Vakha Dobriyev, who did not have any injuries following the events (see paragraphs 22 and 23 above).<\/p>\n<p>97. However, the Court notes that these applicants were nevertheless granted victim status in the domestic proceedings despite the lack of documentary evidence of their injuries. At no point the domestic authorities questioned their status or the fact that they had been ill-treated during the operation (see paragraph 28 above). The applicants provided a detailed account of the events and, in particular, of their ill-treatment by State officers. Given that the overall context of the case, concordant and detailed statements by the residents and the fact that these applicants had been granted victim status in the criminal proceedings, it cannot be said that the applicant failed to make an \u201carguable claim\u201d of their ill-treatment. The Government\u2019s objection must therefore be dismissed.<\/p>\n<p>98. The Court concludes that the application is not manifestly ill\u2011founded within the meaning of Article 35 \u00a7 3 (a) of the Convention or inadmissible on any other grounds. It must therefore be declared admissible.<\/p>\n<p><em>3. Conclusion<\/em><\/p>\n<p>99. The Court notes that the remaining applications are neither manifestly ill-founded nor inadmissible on any other grounds listed in Article\u00a035 of the Convention. They must therefore be declared admissible.<\/p>\n<p><strong>B. Merits<\/strong><\/p>\n<p>100. The applicants maintained their complaints. The Government submitted that there had been no violations of Articles 3 and 13 of the Convention, referring to the conclusions of the inquiries conducted by the domestic authorities.<\/p>\n<p><em>1. Alleged ill-treatment<\/em><\/p>\n<p>101. The Court observes that there is sufficient evidence indicating the State officers\u2019 involvement in the apprehension of applicants Mr\u00a0Khamidov (no.\u00a032267\/08), Mr M.O.\u00a0Aushev and Mr\u00a0M.M.\u00a0Aushev (no.\u00a044279\/10), and Mr Tsechoyev (no. 52270\/10) (see paragraphs 5, 47 and 74 above), and in the special operation carried out in the village of Ali\u2011Yurt in the application Aspiyev and Others (no. 64941\/09) (see paragraph 28 above).<\/p>\n<p>102. The Court notes that the applicants sustained injuries of varying degrees of severity, as recorded by medical experts (see paragraphs 8, 21, 46, 57 and 72 above). In application no. 64941\/09 applicants Mr\u00a0Khuseyn Nalgiyev, Mr\u00a0Magomet Nalgiyev, Mr\u00a0Umalat Nalgiyev, Ms\u00a0Aset Nalgiyeva, Mr\u00a0Yakhya Yevloyev, Mr Ibragim Yevloyev, Mr\u00a0Zalimkhan Yevloyev and Mr Vakha Dobriyev did not provide medical evidence of their alleged injuries (see paragraphs 22 and 23 above). The Court has already found their allegations of ill-treatment to be credible in the circumstances of the case and in view of the materials submitted by the parties. The Court notes, in particular, similar pattern of ill-treatment in respect of other residents and their relatives who lived with them at the same households and had been also ill-treated (see paragraph 19 above and Appendix II).<\/p>\n<p>103. The Court holds that the Government have failed to discharge their burden of proof and produce evidence capable of casting doubt on the applicants\u2019 account of events, which it therefore finds established. In view of the above, the Court has sufficient grounds to consider that the applicants\u2019 allegations of ill-treatment by State officers were credible.<\/p>\n<p><em>2. Adequacy of the investigation<\/em><\/p>\n<p>104. The Court observes that the criminal cases into the applicants\u2019 credible allegations of ill-treatment by State officers were either refused or when opened, they were eventually suspended mainly for the failure to identify perpetrators. The decisions were on many times overruled or quashed as incomplete (see paragraphs 12-15, 36, 39, 47, 52, 59, 62, 73 and 75 above).<\/p>\n<p>105. The Court finds that the investigating authorities did not attempt in a meaningful manner to establish the identities of State officers, involved in the applicants\u2019 ill-treatment, and the individual circumstances surrounding each incident, or the injuries inflicted therein (see, mutatis mutandis, Adzhigitova and Others, cited above, \u00a7\u00a0223). In the application of Aspiyev and Others (no.\u00a064941\/09) the investigation authorities and the domestic courts enlisted a number of law\u2011enforcement agencies responsible for the operation (see paragraphs 31, 36 and 38 above). Apparently, the lack of cooperation of those agencies to provide information to the investigators about the officers participating in the operations prevented the investigation to produce any meaningful results. The respondent State\u2019s inability to identify those officers responsible for the applicants\u2019 ill-treatment appears to be nothing less than their clear reluctance to find and bring them to justice. The same applies to the cases of Mr\u00a0Khamidov (no.\u00a032267\/08), Mr\u00a0Tsechoyev (no.\u00a052270\/10) and Mr\u00a0M.O.\u00a0Aushev and Mr M.M. Aushev (no. 44279\/10).<\/p>\n<p>106. The Court finds such approach on the part of the domestic authorities to be particularly unacceptable. Failure to pay any regard to the accountability of military or security personnel has fostered a sense of virtual impunity in respect of State agents and has rendered ineffective in practice the general legal prohibition of torture and inhuman and degrading treatment, despite its fundamental importance (see Adzhigitova and Others, cited above, \u00a7\u00a0223).<\/p>\n<p><em>3. Legal classification of ill-treatment<\/em><\/p>\n<p>107. The applicants alleged that they had been subjected to torture or inhuman or degrading treatment. Having regard to the circumstances of the case, its case-law on the matter (see Bouyid v. Belgium\u00a0[GC], no.\u00a023380\/09, \u00a7 82, ECHR 2015, and Adzhigitova and Others, cited above, \u00a7\u00a0221), and the applicants\u2019 injuries, the Court finds the following.<\/p>\n<p>108. In view of the severity of the ill-treatment and the consequences for the applicants\u2019 health, the State officers subjected the following applicants to torture: Mr\u00a0Khamidov (no.\u00a032267\/08), Mr\u00a0Tsechoyev (no.\u00a052270\/10), Mr\u00a0M.O.\u00a0Aushev and Mr\u00a0M.M. Aushev (no.\u00a044279\/10), Mr Timerlan Aspiyev, Mr Issa Batsayev, Ms Tanzila Esmurziyeva, and Mr Umar Yevloyev (no.\u00a064941\/09).<\/p>\n<p>109. The State officers subjected the following applicants to inhuman or degrading treatment: Mr Magomed-Girey Aspiyev, Mr Batyr Dzeytov, Mr\u00a0Akramat Tatriyev, Mr Temirkhan Tatriyev, Mr\u00a0Isa Tsoroyev, Mr Yusup Tsoroyev, Mr Magomet Tsuroyev, Mr Isa Yevloyev, Mr Magomed Belanovich Yevloyev, Mr Magomet Khusenovich Yevloyev, Mr Musa Yevloyev, Mr Muslim Yevloyev, Ms Rukiyat Yevloyeva (no. 64941\/09). The Court also considers that the applicants who had not obtained any medical documents, namely Mr\u00a0Khuseyn Nalgiyev, Mr\u00a0Magomet Nalgiyev, Mr\u00a0Umalat Nalgiyev, Ms\u00a0Aset Nalgiyeva, Mr\u00a0Yakhya Yevloyev, Mr Ibragim Yevloyev, Mr\u00a0Zalimkhan Yevloyev and Mr Vakha Dobriyev (no. 64941\/09) had been subjected to inhuman and degrading treatment, as alleged by them.<\/p>\n<p><em>4. Conclusion<\/em><\/p>\n<p>110. There has, accordingly, been a violation of Article\u00a03 of the Convention under its substantive and procedural limbs in respect of the applicants mentioned in paragraphs 108 and 109 above.<\/p>\n<p>111. The Court finds that there is no need to examine separately the merits of the complaints under Article 13, taken in conjunction with Article 3 of the Convention.<\/p>\n<p>IV. ALLEGED VIOLATION OF ARTICLE 5 OF THE CONVENTION<\/p>\n<p>112. Mr Khamidov (no.\u00a032267\/08), Mr Tsechoyev (no.\u00a052270\/10), Mr\u00a0M.O. Aushev and Mr M.M. Aushev (no. 44279\/10) complained about their unrecorded detention by State officers under Article 5 \u00a7 1 of the Convention, the relevant part of which reads as follows:<\/p>\n<p>\u201c1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: &#8230;\u201d<\/p>\n<p><strong>A. Admissibility<\/strong><\/p>\n<p>113. The Court notes that the complaints are neither manifestly ill\u2011founded nor inadmissible on any other grounds listed in Article\u00a035 of the Convention. They must therefore be declared admissible.<\/p>\n<p><strong>B. Merits<\/strong><\/p>\n<p>114. Having regard to the circumstances of the case and the case materials, the Court finds it established that the applicants were detained for various periods by the State officers without acknowledgment (see paragraphs 5, 10, 47, 60 and 74 above).<\/p>\n<p>115. The Court finds that the applicants\u2019 unrecorded detention was a complete negation of the fundamentally important guarantees contained in Article 5 of the Convention, and was incompatible with the requirement of lawfulness and with the very purpose of this Article (see Fartushin v.\u00a0Russia, no. 38887\/09, \u00a7 54, 8 October 2015). There has accordingly been a violation of Article 5 \u00a7 1 of the Convention in respect of Mr Khamidov (no.\u00a032267\/08), Mr Tsechoyev (no.\u00a052270\/10), Mr M.O. Aushev and Mr\u00a0M.M. Aushev (no.\u00a044279\/10).<\/p>\n<p>V. OTHER ALLEGED VIOLATIONS OF THE CONVENTION<\/p>\n<p>116. Mr Tsechoyev (no.\u00a052270\/10) complained under Article 8 of the Convention of unlawful searches carried out by State officers and the lack of effective domestic remedies in that respect. The Court observes that the complaint was not supported by any evidence that would satisfy the required standard of proof (see Adzhigitova and Others, cited above, \u00a7\u00a0238). In particular, the applicant\u2019s complaints to the authorities concerned his abduction and ill-treatment. The Court therefore considers that the complaint is manifestly ill-founded and must be rejected, in accordance with Article\u00a035\u00a0\u00a7\u00a7 3 (a) and 4 of the Convention.<\/p>\n<p>VI. APPLICATION OF ARTICLE\u00a041 OF THE CONVENTION<\/p>\n<p>117. Article\u00a041 of the Convention provides:<\/p>\n<p>\u201cIf the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.\u201d<\/p>\n<p>118. The amounts claimed by the applicants in respect of non\u2011pecuniary damage and costs and expenses are indicated in Appendices I and II.<\/p>\n<p>119. The applicants did not provide legal contracts with their representatives.<\/p>\n<p>120. Mr Tsechoyev (no. 52270\/10) also claimed compensation for pecuniary damage arguing that due to the alleged persecution by the State officers, he was forced to move to France in 2015. The Court finds the applicant\u2019s claims to reimburse his expenses for moving to France unrelated to the circumstances of the case and dismisses them.<\/p>\n<p>121. Wherever the Court finds a violation of the Convention, it may accept that the applicants have suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations and make a financial award.<\/p>\n<p>122. Having regard to the conclusions and principles set out above and to the parties\u2019 submissions, the Court awards the applicants the amounts detailed in Appendices I and II, plus any tax that may be chargeable to them on those amounts.<\/p>\n<p>123. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.<\/p>\n<p><strong>FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n<p>1. Decides to join the applications;<\/p>\n<p>2. Decides to strike out the complaint of Mr Ramazan Nalgiyev (no.\u00a064941\/09) under Article 3 of the Convention out of its list;<\/p>\n<p>3. Declares the complaint of Mr Tsechoyev (no. 52270\/10) under Article 8 of the Convention about the alleged unlawful search inadmissible, and the remainder of the applications admissible;<\/p>\n<p>4. Holds that there has been a violation of Article 3 of the Convention under its substantive and procedural limbs in that the applicants indicated in paragraph 108 above were subjected to torture by State officers, the applicants indicated in paragraph 109 above were subjected to inhuman and degrading treatment by State officers, and that no effective investigation into their complaints was carried out by the authorities;<\/p>\n<p>5. Holds that there has been a violation of Article 5 of the Convention in respect of Mr Khamidov (no.\u00a032267\/08), Mr Tsechoyev (no.\u00a052270\/10), Mr M.O. Aushev and Mr\u00a0M.M. Aushev (no. 44279\/10) on account of their unrecorded detention;<\/p>\n<p>6. Holds that there is no need to examine the complaint under Article\u00a013 of the Convention;<\/p>\n<p>7. Holds<\/p>\n<p>(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in Appendices I and II, plus any tax that may be chargeable to them, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;<\/p>\n<p>(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the amounts indicated in Appendices I and II at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;<\/p>\n<p>8. Dismisses the remainder of the applicants\u2019 claim for just satisfaction.<\/p>\n<p>Done in English, and notified in writing on 1 March 2022, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and 3 of the Rules of Court.<\/p>\n<p>Olga Chernishova \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Darian Pavli<br \/>\nDeputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0President<\/p>\n<p>______________<\/p>\n<p style=\"text-align: center;\"><strong>APPENDIX I<\/strong><\/p>\n<table style=\"width: 100%; height: 1122px;\" width=\"964\">\n<tbody>\n<tr style=\"height: 158px;\">\n<td style=\"height: 158px;\" width=\"37\"><strong>No.<\/strong><br \/>\n<strong>\u00a0<\/strong><\/td>\n<td style=\"height: 158px;\" width=\"180\"><strong>Case name<\/strong><br \/>\n<strong>Application no.<\/strong><br \/>\n<strong>Lodged on<\/strong><\/td>\n<td style=\"height: 158px;\" width=\"265\"><strong>Applicant<\/strong><br \/>\n<strong>Year of Birth \/ Place of Residence<\/strong><br \/>\n<strong>Nationality<\/strong><br \/>\n<strong>Represented by<\/strong><\/td>\n<td style=\"height: 158px;\" width=\"255\"><strong>\u00a0<\/strong><br \/>\n<strong>Non-pecuniary damage<\/strong><br \/>\n<strong>\u00a0<\/strong><\/td>\n<td style=\"height: 158px;\" width=\"227\"><strong>Costs and expenses<\/strong><\/td>\n<\/tr>\n<tr style=\"height: 47px;\">\n<td style=\"height: 262px;\" rowspan=\"4\" width=\"37\">1<\/td>\n<td style=\"height: 262px;\" rowspan=\"4\" width=\"180\">Sala Khamidov v.\u00a0Russia<br \/>\n32267\/08<br \/>\n29\/05\/2008<\/td>\n<td style=\"height: 262px;\" rowspan=\"4\" width=\"265\"><strong>Sala KHAMIDOV<\/strong><br \/>\n1933<br \/>\nZnamenskoyeMukhtar Odesovich SHIDAYEV<\/td>\n<td style=\"height: 47px;\" colspan=\"2\" width=\"482\">Sought by the applicant<\/td>\n<\/tr>\n<tr style=\"height: 84px;\">\n<td style=\"height: 84px;\" width=\"255\">RUB 9,000,000<br \/>\n(approx. EUR 103,000)<\/td>\n<td style=\"height: 84px;\" width=\"227\">Unspecified<\/td>\n<\/tr>\n<tr style=\"height: 47px;\">\n<td style=\"height: 47px;\" colspan=\"2\" width=\"482\">Awarded by the Court<\/td>\n<\/tr>\n<tr style=\"height: 84px;\">\n<td style=\"height: 84px;\" width=\"255\">EUR\u00a052,000<br \/>\n(fifty-two thousand euros)<\/td>\n<td style=\"height: 84px;\" width=\"227\">&#8211;<\/td>\n<\/tr>\n<tr style=\"height: 47px;\">\n<td style=\"height: 225px;\" rowspan=\"4\" width=\"37\">2<\/td>\n<td style=\"height: 225px;\" rowspan=\"4\" width=\"180\">Aspiyev and Others v.\u00a0Russia<br \/>\n64941\/09<br \/>\n09\/12\/2009<\/td>\n<td style=\"height: 225px;\" rowspan=\"4\" width=\"265\">For the list of the applicants\u2019 names and their details, see Appendix II<strong>\u00a0<\/strong><br \/>\nMEMORIAL HUMAN RIGHTS CENTRE<\/td>\n<td style=\"height: 47px;\" colspan=\"2\" width=\"482\">Sought by the applicant<\/td>\n<\/tr>\n<tr style=\"height: 47px;\">\n<td style=\"height: 47px;\" width=\"255\">At the Court\u2019s discretion<\/td>\n<td style=\"height: 47px;\" width=\"227\">EUR 4,500<\/td>\n<\/tr>\n<tr style=\"height: 47px;\">\n<td style=\"height: 47px;\" colspan=\"2\" width=\"482\">Awarded by the Court<\/td>\n<\/tr>\n<tr style=\"height: 84px;\">\n<td style=\"height: 84px;\" width=\"255\">See Appendix II<\/td>\n<td style=\"height: 84px;\" width=\"227\">&#8211;<\/td>\n<\/tr>\n<tr style=\"height: 47px;\">\n<td style=\"height: 252px;\" rowspan=\"4\" width=\"37\">3<\/td>\n<td style=\"height: 252px;\" rowspan=\"4\" width=\"180\">Aushevy v. Russia<br \/>\n44279\/10<br \/>\n27\/07\/2010<\/td>\n<td style=\"height: 252px;\" rowspan=\"4\" width=\"265\"><strong>Magomed Osmanovich AUSHEV<\/strong><br \/>\n1981<strong>Magomed Maksharipovich AUSHEV<\/strong><br \/>\n1985MEMORIAL HUMAN RIGHTS CENTRE<\/td>\n<td style=\"height: 47px;\" colspan=\"2\" width=\"482\">Sought by the applicant<\/td>\n<\/tr>\n<tr style=\"height: 47px;\">\n<td style=\"height: 47px;\" width=\"255\">At the Court\u2019s discretion<\/td>\n<td style=\"height: 47px;\" width=\"227\">EUR 5,400<\/td>\n<\/tr>\n<tr style=\"height: 47px;\">\n<td style=\"height: 47px;\" colspan=\"2\" width=\"482\">Awarded by the Court<\/td>\n<\/tr>\n<tr style=\"height: 111px;\">\n<td style=\"height: 111px;\" width=\"255\">EUR\u00a052,000<br \/>\n(fifty-two thousand euros) to each of the applicants<\/td>\n<td style=\"height: 111px;\" width=\"227\">&#8211;<\/td>\n<\/tr>\n<tr style=\"height: 47px;\">\n<td style=\"height: 225px;\" rowspan=\"4\" width=\"37\">4<\/td>\n<td style=\"height: 225px;\" rowspan=\"4\" width=\"180\">Tsechoyev v.\u00a0Russia<br \/>\n52270\/10<br \/>\n03\/09\/2010<\/td>\n<td style=\"height: 225px;\" rowspan=\"4\" width=\"265\"><strong>Zurab TSECHOYEV<\/strong><br \/>\n1963Bordeaux<br \/>\nMEMORIAL HUMAN RIGHTS CENTRE<\/td>\n<td style=\"height: 47px;\" colspan=\"2\" width=\"482\">Sought by the applicant<\/td>\n<\/tr>\n<tr style=\"height: 47px;\">\n<td style=\"height: 47px;\" width=\"255\">At the Court\u2019s discretion<\/td>\n<td style=\"height: 47px;\" width=\"227\">EUR 6,100<\/td>\n<\/tr>\n<tr style=\"height: 47px;\">\n<td style=\"height: 47px;\" colspan=\"2\" width=\"482\">Awarded by the Court<\/td>\n<\/tr>\n<tr style=\"height: 84px;\">\n<td style=\"height: 84px;\" width=\"255\">EUR\u00a052,000<br \/>\n(fifty-two thousand euros)<\/td>\n<td style=\"height: 84px;\" width=\"227\">&#8211;<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p style=\"text-align: center;\"><strong>APPENDIX II<\/strong><\/p>\n<p style=\"text-align: center;\">List of applicants in the case of Aspiyev and Others v. Russia (no. 64941\/09):<\/p>\n<table width=\"115%\">\n<tbody>\n<tr>\n<td width=\"3%\"><strong>No.<\/strong><\/td>\n<td width=\"17%\"><strong>First name<\/strong><br \/>\n<strong>Middle name<\/strong><br \/>\n<strong>Last Name<\/strong><\/td>\n<td width=\"13%\"><strong>Year of birth<\/strong><br \/>\n<strong>Place of residence<\/strong><\/td>\n<td width=\"29%\"><strong>Alleged ill-treatment<\/strong><\/td>\n<td width=\"19%\"><strong>Injuries recorded in medical documents<\/strong><br \/>\n<strong>(see paragraph <\/strong><strong>21<\/strong><strong> above)<\/strong><\/td>\n<td width=\"17%\"><strong>\u00a0<\/strong><br \/>\n<strong>Non-pecuniary damage awarded by the Court<\/strong><\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">1<\/td>\n<td width=\"17%\"><strong>Timerlan<\/strong><br \/>\n<strong>ASPIYEV<\/strong><\/td>\n<td width=\"13%\">1991<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators entered his household and beat him with gun butts<\/td>\n<td width=\"19%\">Contusion of his chest, closed craniocerebral injury, brain concussion, multiple abrasions<\/td>\n<td width=\"17%\">EUR\u00a052,000<br \/>\n(fifty-two thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">2<\/td>\n<td width=\"17%\"><strong>Magomed-Girey ASPIYEV<\/strong><\/td>\n<td width=\"13%\">1962<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators forced him to lie on the ground and beat him with a bulletproof vest<\/td>\n<td width=\"19%\">Contusion of his chest, soft tissues and his right kidney<\/td>\n<td width=\"17%\">EUR\u00a026,000<br \/>\n(twenty-six thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">3<\/td>\n<td width=\"17%\"><strong>Issa BATSAYEV<\/strong><\/td>\n<td width=\"13%\">1956<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators checked his identity documents; on the way to his neighbours a group of other armed men forced him to lie on the ground, punched and kicked him<\/td>\n<td width=\"19%\">Contusion of his chest, heart pain syndrome, hospitalised to the emergency department<\/td>\n<td width=\"17%\">EUR\u00a052,000<br \/>\n(fifty-two thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">4<\/td>\n<td width=\"17%\"><strong>Vakha DOBRIYEV<\/strong><\/td>\n<td width=\"13%\">1961<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators entered his courtyard, insulting him, put him face down, hit him with gun butts<\/td>\n<td width=\"19%\">No injuries found on the applicant<\/td>\n<td width=\"17%\">EUR\u00a015,000<br \/>\n(fifteen thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">5<\/td>\n<td width=\"17%\"><strong>Batyr<\/strong> <strong>DZEYTOV<\/strong><\/td>\n<td width=\"13%\">1965<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators entered the house, hit him with gun butts; the applicant was then taken to the hospital<\/td>\n<td width=\"19%\">Contusion of his chest and soft tissues of the body<\/td>\n<td width=\"17%\">EUR\u00a026,000<br \/>\n(twenty-six thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">6<\/td>\n<td width=\"17%\"><strong>Tanzila ESMURZIYEVA<\/strong><\/td>\n<td width=\"13%\">1978<br \/>\nNasyr-Kortskiy District<\/td>\n<td width=\"29%\">Perpetrators entered the courtyard, strangled and slapped her, causing preterm delivery<\/td>\n<td width=\"19%\">Preterm delivery, marks of beatings<\/td>\n<td width=\"17%\">EUR\u00a052,000<br \/>\n(fifty-two thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">7<\/td>\n<td width=\"17%\"><strong>Khuseyn<\/strong> <strong>NALGIYEV<\/strong><\/td>\n<td width=\"13%\">1942<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators entered the courtyard, insulted him, forced him to lie on the ground, pushed him against a wall<\/td>\n<td width=\"19%\">No forensic examination<\/td>\n<td width=\"17%\">EUR\u00a015,000<br \/>\n(fifteen thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">8<\/td>\n<td width=\"17%\"><strong>Magomet NALGIYEV<\/strong><\/td>\n<td width=\"13%\">1950<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">\u00a0Two perpetrators forced him to lie on the ground, insulted him, kicked him several times; examined by the ambulance<\/td>\n<td width=\"19%\">No forensic examination<\/td>\n<td width=\"17%\">EUR\u00a015,000<br \/>\n(fifteen thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">No.<\/td>\n<td width=\"17%\">First name<br \/>\nMiddle name<br \/>\nLast Name<\/td>\n<td width=\"13%\">Year of birth<br \/>\nPlace of residence<\/td>\n<td width=\"29%\">Alleged ill-treatment<\/td>\n<td width=\"19%\">Injuries recorded in medical documents<br \/>\n(see paragraph 21 above)<\/td>\n<td width=\"17%\">Non-pecuniary damage awarded by the Court<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">9<\/td>\n<td width=\"17%\"><strong>Ramazan NALGIYEV<\/strong><\/td>\n<td width=\"13%\">1927<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Four perpetrators hit him on the street with gun butts for about 30 minutes<\/td>\n<td width=\"19%\">Contusion of his chest, knees, muscle tissues, kidneys, bladder and stomach blunt injury<\/td>\n<td width=\"17%\">&#8211;<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">10<\/td>\n<td width=\"17%\"><strong>Umalat NALGIYEV<\/strong><\/td>\n<td width=\"13%\">1987<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators forced him to lie on the ground, insulting him; examined by the ambulance<\/td>\n<td width=\"19%\">No forensic examination<\/td>\n<td width=\"17%\">EUR\u00a015,000<br \/>\n(fifteen thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">11<\/td>\n<td width=\"17%\"><strong>Aset NALGIYEVA<\/strong><\/td>\n<td width=\"13%\">1962<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators entered the courtyard, hit her with a gun butt<\/td>\n<td width=\"19%\">No forensic examination<\/td>\n<td width=\"17%\">EUR\u00a015,000<br \/>\n(fifteen thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">12<\/td>\n<td width=\"17%\"><strong>Akramat TATRIYEV<\/strong><\/td>\n<td width=\"13%\">1991<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators entered his courtyard, forced him to lie on the ground, hit all over his body, kidney area<\/td>\n<td width=\"19%\">Swollen lower lip, two bruises on the lip, bruises on his chest<\/td>\n<td width=\"17%\">EUR\u00a026,000<br \/>\n(twenty-six thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">13<\/td>\n<td width=\"17%\"><strong>Temirkhan TATRIYEV<\/strong><\/td>\n<td width=\"13%\">1965<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators broke into his house, hit his head, beat all over his body<\/td>\n<td width=\"19%\">Contusion of his chest<\/td>\n<td width=\"17%\">EUR\u00a026,000<br \/>\n(twenty-six thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">14<\/td>\n<td width=\"17%\"><strong>Isa TSOROYEV<\/strong><\/td>\n<td width=\"13%\">1965<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators entered the courtyard, forced him to lie on the ground, hit him with gun butts<\/td>\n<td width=\"19%\">Bruises on his chest and back<\/td>\n<td width=\"17%\">EUR\u00a026,000<br \/>\n(twenty-six thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">15<\/td>\n<td width=\"17%\"><strong>Yusup TSOROYEV<\/strong><\/td>\n<td width=\"13%\">1969<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators beat him with gun butts, twisted his left leg<\/td>\n<td width=\"19%\">Bruises on his chest, shoulder, right knee<\/td>\n<td width=\"17%\">EUR\u00a026,000<br \/>\n(twenty-six thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">16<\/td>\n<td width=\"17%\"><strong>Magomet TSUROYEV<\/strong><\/td>\n<td width=\"13%\">1953<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators stopped his car, hit him with gun butts for 20\u00a0minutes<\/td>\n<td width=\"19%\">Contusion of his chest and soft tissues of the body<\/td>\n<td width=\"17%\">EUR\u00a026,000<br \/>\n(twenty-six thousand euros) to be awarded to the applicant\u2019s wife, Ms\u00a0Kazban\u00a0Tsuroyeva<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">17<\/td>\n<td width=\"17%\"><strong>Ibragim YEVLOYEV<\/strong><\/td>\n<td width=\"13%\">1982<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators entered his house, hit him and his father (applicant no. 20) with gun butts<\/td>\n<td width=\"19%\">No information<\/td>\n<td width=\"17%\">EUR\u00a015,000<br \/>\n(fifteen thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">18<\/td>\n<td width=\"17%\"><strong>Isa YEVLOYEV<\/strong><\/td>\n<td width=\"13%\">1973<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators entered the courtyard, hit him all over the body<\/td>\n<td width=\"19%\">Bruises on soft tissues of the body and blunt stomach injury<\/td>\n<td width=\"17%\">EUR\u00a026,000<br \/>\n(twenty-six thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">19<\/td>\n<td width=\"17%\"><strong>Magomed Belanovich<\/strong> <strong>YEVLOYEV<\/strong><\/td>\n<td width=\"13%\">1982<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators entered his courtyard, hit him with gun butts and legs, alleged brain concussion<\/td>\n<td width=\"19%\">Contusion of his chest and soft tissues of the body<\/td>\n<td width=\"17%\">EUR\u00a026,000<br \/>\n(twenty-six thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">No.<\/td>\n<td width=\"17%\">First name<br \/>\nMiddle name<br \/>\nLast Name<\/td>\n<td width=\"13%\">Year of birth<br \/>\nPlace of residence<\/td>\n<td width=\"29%\">Alleged ill-treatment<\/td>\n<td width=\"19%\">Injuries recorded in medical documents<br \/>\n(see paragraph 21 above)<\/td>\n<td width=\"17%\"><strong>\u00a0<\/strong>Non-pecuniary damage awarded by the Court<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">20<\/td>\n<td width=\"17%\"><strong>Magomet Khusenovich YEVLOYEV<\/strong><\/td>\n<td width=\"13%\">1954<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators entered his house, hit him and his son (applicant no. 17) with gun butts for 20 minutes<\/td>\n<td width=\"19%\">Contusion of his chest, left shoulder joint and right scapula<\/td>\n<td width=\"17%\">EUR\u00a026,000<br \/>\n(twenty-six thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">21<\/td>\n<td width=\"17%\"><strong>Musa YEVLOYEV<\/strong><\/td>\n<td width=\"13%\">1974<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators kicked him and his brothers (applicants\u00a0nos. 22 and 25)<\/td>\n<td width=\"19%\">Bruises and abrasions on his nose, blunt stomach injury, contusion of his chest<\/td>\n<td width=\"17%\">EUR\u00a026,000<br \/>\n(twenty-six thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">22<\/td>\n<td width=\"17%\"><strong>Muslim YEVLOYEV<\/strong><\/td>\n<td width=\"13%\">1971<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators entered the courtyard and kicked him and his brothers (applicants nos. 21 and 25)<\/td>\n<td width=\"19%\">Contusion of his chest and soft tissues of the body<\/td>\n<td width=\"17%\">EUR\u00a026,000<br \/>\n(twenty-six thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">23<\/td>\n<td width=\"17%\"><strong>Umar YEVLOYEV<\/strong><\/td>\n<td width=\"13%\">1986<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators pulled him from the house, beat him with gun butts; held at the hospital for two days<\/td>\n<td width=\"19%\">Rip of his right arm biceps<\/td>\n<td width=\"17%\">EUR\u00a052,000<br \/>\n(fifty-two thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">24<\/td>\n<td width=\"17%\"><strong>Yakhya YEVLOYEV<\/strong><\/td>\n<td width=\"13%\">1960<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators kicked him, took him barefoot to the yard, beat him to his head and body; he had lasting kidney pain<\/td>\n<td width=\"19%\">No forensic examination<\/td>\n<td width=\"17%\">EUR\u00a015,000<br \/>\n(fifteen thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">25<\/td>\n<td width=\"17%\"><strong>Zalimkhan YEVLOYEV<\/strong><\/td>\n<td width=\"13%\">1967<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators pulled him and his brothers (applicants\u00a0nos. 21 and 22) from his house, forced him to lie on the ground, kicked and punched him; taken to the hospital, left leg injured<\/td>\n<td width=\"19%\">No documents<\/td>\n<td width=\"17%\">EUR\u00a015,000<br \/>\n(fifteen thousand euros)<\/td>\n<\/tr>\n<tr>\n<td width=\"3%\">26<\/td>\n<td width=\"17%\"><strong>Rukiyat YEVLOYEVA<\/strong><\/td>\n<td width=\"13%\">1952<br \/>\nAli-Yurt<\/td>\n<td width=\"29%\">Perpetrators pulled her from the house, hit her head with a gun butt<\/td>\n<td width=\"19%\">Contusion of his chest and soft tissues of the body<\/td>\n<td width=\"17%\">EUR\u00a026,000<br \/>\n(twenty-six thousand euros)<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<div class=\"social-share-buttons\"><a href=\"https:\/\/www.facebook.com\/sharer\/sharer.php?u=https:\/\/laweuro.com\/?p=18119\" target=\"_blank\" rel=\"noopener\">Facebook<\/a><a href=\"https:\/\/twitter.com\/intent\/tweet?url=https:\/\/laweuro.com\/?p=18119&text=CASE+OF+SALA+KHAMIDOV+AND+OTHERS+v.+RUSSIA+%28European+Court+of+Human+Rights%29+32267%2F08+and+3+others\" target=\"_blank\" rel=\"noopener\">Twitter<\/a><a 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THIRD SECTION CASE OF SALA KHAMIDOV AND OTHERS v. RUSSIA (Applications&hellip;<\/p>\n<p class=\"more-link-p\"><a class=\"more-link\" href=\"https:\/\/laweuro.com\/?p=18119\">Read more &rarr;<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-18119","post","type-post","status-publish","format-standard","hentry","category-available-in-english"],"_links":{"self":[{"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/posts\/18119","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/laweuro.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=18119"}],"version-history":[{"count":1,"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/posts\/18119\/revisions"}],"predecessor-version":[{"id":18120,"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/posts\/18119\/revisions\/18120"}],"wp:attachment":[{"href":"https:\/\/laweuro.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18119"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/laweuro.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18119"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/laweuro.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18119"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}