Human Rights Issues in Eurasia / Правовые Вопросы В Регионах Евразии

ECHR Delivered Decision on Death by Violence of a Resident of Ingushetia

Posted by Info on 18/03/2011

On March 15, 2011, European Court of Human Rights ruled on Tsechoyev v. Russia case (application No. 39358/05).

European Court found that Russian authorities failed to properly investigate (i.e., violated the procedural aspect of Article 2 of European Convention on Human Rights) the murder of the applicant’s brother, Suleyman Tsechoyev.
The Court ruled that a compensation of 15 000 euro should be paid to the applicant, as well as 2 500 euro as payment for legal assistance should be paid to the applicant’s representatives.

HRC Memorial supposes that in the ruling of the Tsechoyev v. Russia case the European Court did not pay due attention to the situation as a whole, which resulted in excessively formal estimation of the events.
It would be naïve to believe that SIZO officers in charge of the arrested alleged criminal could transfer him to the people who had introduced themselves as militia officers without making sure that the arrested was indeed subject to the transfer, and who and when delivered the decision on the transfer, and whether the officers of the pre-trial detention centre of destination were aware of the transfer, and so on. It is way too doubtful that Suleyman could be freely transferred to some unknown people.

The Court only recognized the ineffective nature of investigation on the grounds of the failure to look into the version of involvement of the officers of the representatives of the state in Suleyman’s abduction and murder while at the same time not having recognized the state’s responsibility for his murder on the grounds of lack of information on the matter.
The state factually freed itself from the possible responsibility for Tsechoyev’s murder.

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