Human Rights Issues in Eurasia / Правовые Вопросы В Регионах Евразии

Legal Limbo By Change In Law On Fighting Terrorism

Posted by Info on 12/11/2009

Families of Soldiers Killed in Chechnya Have Been Caught in Legal Limbo by a Change in the Law on Fighting Terrorism.

His mother  Mrs Chuganova apparently first heard about the possibility of compensation from another bereaved mother in 2005. When she approached the Ministry of Defense she was told she was not allowed any compensation. In 2008, she took the case to court in St. Petersburg. But since the Federal Law “On Combating Terrorism,” which entitled her to the 100,000 ruble compensation had lapsed, and its replacement, the 2006 law “On Countering Terrorism,” had no retrospective force, she was not entitled to any compensation. A higher court in St. Petersburg declined to overturn the decision on appeal.

Chuganova’s says that the Russian state has violated her right to a fair and impartial hearing (enshrined in article six of the European Convention on Human Rights) and the clause in the second Annex of the convention that says “no individual shall be deprived of his property,” (in this case, her 100,000 rubles). She is seeking rather more than the original sum – €1 million.

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