Elza Kungaeva
Encyclopedia
Elza Kungayeva was an 18-year-old Chechen
woman abducted
, beaten, and murdered by a Russian Army
Colonel
during the Second Chechen War
.
On March 27, 2000, Elza Kungaeva was forcibly taken from her home in Chechnya
, beaten and murdered. On February 28, 2001, the Rostov
District
Military Court begun the trial
of Col. Yuri Budanov
for Kungaeva's murder. It was one of the first cases in which Russian authorities promptly and publicly acknowledged a war crime
perpetrated by Russian federal forces against civilians in Chechnya.
district of the Chechen Republic on armoured personnel carrier
(APC) no. 391 together with servicemen Sergeant
Grigoriev, Sergeant Li-En-Shou, and Private
Yegorov. On the orders of Col. Budanov, his subordinates forcibly took citizen K.V. Kungaeva from house no.7 on Zarechni Lane and drove her to the division's encampment on the APC. Around 3 a.m. Budanov strangled Kungaeva in trailer 131 [reportedly Budanov's quarters]. On the orders of Col. Budanov, Pvt. Yegorov, Sgt. Li-En-Shou and Sgt. Grigoriev took the body of Kungaeva and buried her in a forested area near the encampment. Around 10 a.m. on March 28, 2000, Kungaeva's body was exhumed
.
A forensic medical report, a copy of which was obtained by Human Rights Watch
(HRW), cited a military procurator's report that on March 27 at 1 a.m., Budanov took Elza Kungaeva, a civilian, from her home in Tangi-Chu and brought her to a military encampment. The forensic examiner concluded that Kungaeva was beaten, anally and vaginally penetrated by a hard object, and strangled at about 3 a.m. The report cited marks on her neck, the condition of her blood vessels, the tone of her skin, and the condition of her lungs. It found that other injuries such as bruising found on her face, her neck, her right eye, and her left breast were inflicted by a blow with a "blunt, hard object of limited surface," which occurred approximately one hour before her death.
Russian military authorities first publicly accused Budanov of raping and murdering Kungaeva, and subsequently indicted him only on charges of murder, kidnapping
, and abuse of office. Although forensic evidence strongly suggests that Kungaeva was raped, no one is known to have been charged with her rape.
According to the Kungaev family, armed soldiers entered the Kungaev house. Budanov stood in the corridor while two soldiers entered the bedroom and others guarded the house. First they brought Kungaev's younger daughter, Khava, out of the room, but when she screamed, Budanov reportedly said, "Let her go, take that one." The soldiers then brought out the eldest daughter, Elza, took her outside, and drove her away in the APC. Vissa Kungaev then returned to his house, only to be told by his children that Elza Kungaeva had been taken by the soldiers. Kungaev's brother, a neighbor, said the APC bore the number 391. Many have reported that Budanov was drunk at the time.
Later on March 27, a group of villagers obtained permission from local Russian forces to travel to Urus-Martan, seven kilometers away, to search for Kungaeva. They believed she might have been taken to one of two detention
facilities run by federal forces in that town. Two witnesses told Human Rights Watch that a federal commander in Urus-Martan told the villagers that Kungaeva had been raped by drunken men and was dead.
Top Russian military officials in the Chechnya war attended Kungaeva's funeral on March 29, 2000, including Colonel-General Valery Baranov
, acting commander of the United Group of Forces in Chechnya at the time, Maj.-Gen. Valery Gerasimov, acting commander of the Western Group of Forces, and his deputy, Maj.-Gen. Verbitskii. Kungaev said that the generals were very helpful, paid for the funeral, asked for his forgiveness, and expressed sympathy.
said that the investigation established that no members of the Kungaev family were fighters. However, after six months had passed, Kungaev worried that the investigation had stalled, and sent petitions to the federal military procuracy, the general procuracy, and the Duma
, expressing concern about the apparent halt to the investigation and urging that it continue. In October 2000, Kungaev learned that the charges against Budanov did not include rape, and became especially concerned about the investigation at that point.
When he spoke with HRW in early February 2001, after authorities had closed the investigation, Kungaev expressed shock and regret that Budanov had not been charged with rape. "They took away the most important charge," he said. Kungaev's reaction to the failure to prosecute the rape of his daughter may reflect the view common in Chechnya that rape ruins the honor not only of the victim but of her extended family. For this reason, families take extreme measures to guard women against rape, and rape is considered by some a crime worse than murder.
, was shot and killed when leaving a press conference he held in Moscow. Yuri Budanov was released in mid-January, 15 months earlier than his original release date, and Markelov announced at the press conference that he planned to file an appeal to keep Budanov in prison. A freelance journalist with Novaya Gazeta
, Anastasia Baburova
, was also killed with Markelov.
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...
woman abducted
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
, beaten, and murdered by a Russian Army
Russian Ground Forces
The Russian Ground Forces are the land forces of the Armed Forces of the Russian Federation, formed from parts of the collapsing Soviet Army in 1992. The formation of these forces posed economic challenges after the collapse of the Soviet Union, and required reforms to professionalize the force...
Colonel
Colonel
Colonel , abbreviated Col or COL, is a military rank of a senior commissioned officer. It or a corresponding rank exists in most armies and in many air forces; the naval equivalent rank is generally "Captain". It is also used in some police forces and other paramilitary rank structures...
during 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 ....
.
On March 27, 2000, Elza Kungaeva was forcibly taken from her home 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...
, beaten and murdered. On February 28, 2001, the Rostov
Rostov
Rostov is a town in Yaroslavl Oblast, Russia, one of the oldest in the country and a tourist center of the Golden Ring. It is located on the shores of Lake Nero, northeast of Moscow. Population:...
District
District
Districts are a type of administrative division, in some countries managed by a local government. They vary greatly in size, spanning entire regions or counties, several municipalities, or subdivisions of municipalities.-Austria:...
Military Court begun the trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
of Col. Yuri Budanov
Yuri Budanov
Yuri Dmitrievich Budanov was the Russian military officer convicted by a Russian court of kidnapping and murder in Chechnya.Budanov was highly controversial in Russia: despite the conviction, Budanov enjoyed widespread support of Russian households, as polled by public opinion. At the same time,...
for Kungaeva's murder. It was one of the first cases in which Russian authorities promptly and publicly acknowledged a war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
perpetrated by Russian federal forces against civilians in Chechnya.
Overview
On the night of March 26–27 at about 1 a.m., the commander of division 13206 Colonel Y.D. Budanov arrived in the village of Tangi-Chu in the Urus-MartanUrus-Martan
Urus-Martan is a town and the administrative center of Urus-Martanovsky District of the Chechen Republic, Russia, located on the Martan River. The town is located in the central part of the republic, to the southwest of the capital Grozny. Population:...
district of the Chechen Republic on armoured personnel carrier
Armoured personnel carrier
An armoured personnel carrier is an armoured fighting vehicle designed to transport infantry to the battlefield.APCs are usually armed with only a machine gun although variants carry recoilless rifles, anti-tank guided missiles , or mortars...
(APC) no. 391 together with servicemen Sergeant
Sergeant
Sergeant is a rank used in some form by most militaries, police forces, and other uniformed organizations around the world. Its origins are the Latin serviens, "one who serves", through the French term Sergent....
Grigoriev, Sergeant Li-En-Shou, and Private
Private (rank)
A Private is a soldier of the lowest military rank .In modern military parlance, 'Private' is shortened to 'Pte' in the United Kingdom and other Commonwealth countries and to 'Pvt.' in the United States.Notably both Sir Fitzroy MacLean and Enoch Powell are examples of, rare, rapid career...
Yegorov. On the orders of Col. Budanov, his subordinates forcibly took citizen K.V. Kungaeva from house no.7 on Zarechni Lane and drove her to the division's encampment on the APC. Around 3 a.m. Budanov strangled Kungaeva in trailer 131 [reportedly Budanov's quarters]. On the orders of Col. Budanov, Pvt. Yegorov, Sgt. Li-En-Shou and Sgt. Grigoriev took the body of Kungaeva and buried her in a forested area near the encampment. Around 10 a.m. on March 28, 2000, Kungaeva's body was exhumed
Exhumed
Exhumed may refer to:*Exhumation*Exhumed , a first-person shooter*Exhumed , a deathgrind band* Exhumed Films, a Philadelphia-based "organization* Exhumed river channel, a ridge of sandstone...
.
A forensic medical report, a copy of which was obtained by Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
(HRW), cited a military procurator's report that on March 27 at 1 a.m., Budanov took Elza Kungaeva, a civilian, from her home in Tangi-Chu and brought her to a military encampment. The forensic examiner concluded that Kungaeva was beaten, anally and vaginally penetrated by a hard object, and strangled at about 3 a.m. The report cited marks on her neck, the condition of her blood vessels, the tone of her skin, and the condition of her lungs. It found that other injuries such as bruising found on her face, her neck, her right eye, and her left breast were inflicted by a blow with a "blunt, hard object of limited surface," which occurred approximately one hour before her death.
Russian military authorities first publicly accused Budanov of raping and murdering Kungaeva, and subsequently indicted him only on charges of murder, kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
, and abuse of office. Although forensic evidence strongly suggests that Kungaeva was raped, no one is known to have been charged with her rape.
The events of March 27
Vissa Kungaev, Elza Kungaeva's father, said that between midnight and 1 a.m. on March 27, 2000, a loud noise woke the Kungaev family. An armored personnel carrier (APC) drove up to their house on the outskirts of the village of Tangi-Chu, carrying three Russian soldiers, and their commander, Colonel Budanov. Kungaev warned his five children and went to his brother's nearby home to seek help.According to the Kungaev family, armed soldiers entered the Kungaev house. Budanov stood in the corridor while two soldiers entered the bedroom and others guarded the house. First they brought Kungaev's younger daughter, Khava, out of the room, but when she screamed, Budanov reportedly said, "Let her go, take that one." The soldiers then brought out the eldest daughter, Elza, took her outside, and drove her away in the APC. Vissa Kungaev then returned to his house, only to be told by his children that Elza Kungaeva had been taken by the soldiers. Kungaev's brother, a neighbor, said the APC bore the number 391. Many have reported that Budanov was drunk at the time.
Later on March 27, a group of villagers obtained permission from local Russian forces to travel to Urus-Martan, seven kilometers away, to search for Kungaeva. They believed she might have been taken to one of two detention
Detention (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...
facilities run by federal forces in that town. Two witnesses told Human Rights Watch that a federal commander in Urus-Martan told the villagers that Kungaeva had been raped by drunken men and was dead.
The aftermath
The military responded immediately to Kungaeva's murder, promptly taking Budanov into custody, and assisting the Kungaev family; they also condemned Budanov at the highest levels, without awaiting the outcome of a court proceeding. Federal soldiers returned Kungaeva's body to her family on the evening of March 28, 2000, Major-General Alexander Verbitskii told villagers that Budanov had raped and then strangled Kungaeva, and promised that justice would be severe and swift.Top Russian military officials in the Chechnya war attended Kungaeva's funeral on March 29, 2000, including Colonel-General Valery Baranov
Valery Baranov
Valery Baranov Born on November 16, 1948 in Orenburg region. He graduated from the Kazan' tank college , the academy armored troops , the academy of General Staff , the academy of civil service with the President RF ....
, acting commander of the United Group of Forces in Chechnya at the time, Maj.-Gen. Valery Gerasimov, acting commander of the Western Group of Forces, and his deputy, Maj.-Gen. Verbitskii. Kungaev said that the generals were very helpful, paid for the funeral, asked for his forgiveness, and expressed sympathy.
Official investigation
Vissa Kungaev told Human Rights Watch that initially, the investigation seemed satisfactory. He reported meeting with investigators in Tangi-Chu and in Urus-Martan, and reported that investigators also questioned family members and villagers. Kungaev's lawyerLawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
said that the investigation established that no members of the Kungaev family were fighters. However, after six months had passed, Kungaev worried that the investigation had stalled, and sent petitions to the federal military procuracy, the general procuracy, and the Duma
Duma
A Duma is any of various representative assemblies in modern Russia and Russian history. The State Duma in the Russian Empire and Russian Federation corresponds to the lower house of the parliament. Simply it is a form of Russian governmental institution, that was formed during the reign of the...
, expressing concern about the apparent halt to the investigation and urging that it continue. In October 2000, Kungaev learned that the charges against Budanov did not include rape, and became especially concerned about the investigation at that point.
When he spoke with HRW in early February 2001, after authorities had closed the investigation, Kungaev expressed shock and regret that Budanov had not been charged with rape. "They took away the most important charge," he said. Kungaev's reaction to the failure to prosecute the rape of his daughter may reflect the view common in Chechnya that rape ruins the honor not only of the victim but of her extended family. For this reason, families take extreme measures to guard women against rape, and rape is considered by some a crime worse than murder.
Murder of Kungayeva Family's attorney
On January 19, 2009, the attorney for the Kungayeva family, Stanislav MarkelovStanislav Markelov
Stanislav Yuryevich Markelov was a human rights lawyer and journalist who wrote investigative articles on Chechnya. Markelov had been the attorney for the family of Elza Kungaeva, a young Chechen woman killed by Russian colonel Yuri Budanov, who was released from prison in mid-January, 15 months...
, was shot and killed when leaving a press conference he held in Moscow. Yuri Budanov was released in mid-January, 15 months earlier than his original release date, and Markelov announced at the press conference that he planned to file an appeal to keep Budanov in prison. A freelance journalist with Novaya Gazeta
Novaya Gazeta
Novaya Gazeta is a Russian newspaper well known in the country for its critical and investigative coverage of Russian political and social affairs....
, Anastasia Baburova
Anastasia Baburova
Anastasia Eduardivna Baburova was a journalist for Novaya Gazeta and a student of journalism at Moscow State University. She was born in Sevastopol, Ukraine.A member of Autonomous Action, she investigated activities of neo-Nazi groups...
, was also killed with Markelov.