Estamirov and Others v. Russia
Encyclopedia
Estamirov and Others v. Russia was an European Court of Human Rights
ruling in the case of the February 5, 2000, Novye Aldi massacre
in Chechnya
, which unanimously held Russia
responsible for violations of Articles 2 (right to life) and 13 (right to effective remedy) of the European Convention of Human Rights. The case was brought to the European Court by several members of the Estamirov family together with the British
solicitor
Gareth Peirce
and the organization Russian Justice Initiative.
On October 12, 2006, the Court held Russian state responsible for the summary execution
of five members of the Estamirov family in the Novye Aldi suburb of the Chechen capital Grozny
, including a pregnant
woman and a one-year child (the bodies were discovered the same day, burnt and with gunshot
wounds). The Court noted that the Russian government had not disputed that the area was controlled by Russian federal forces at the time, and the government did not provide any explanation for its assertion that these deaths were not linked to numerous other deaths in that area on that day. The Court noted that the investigation
into the deaths had not been completed and that the individuals responsible were not identified or indicted; because of this and other shortcomings the Court found that the Russian state had also violated its obligation to conduct a proper investigation. It also expressed its dissatisfaction with the Russian government's refusal to disclose all documents concerning the investigation into the deaths.
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
ruling in the case of the February 5, 2000, Novye Aldi massacre
Novye Aldi massacre
The Novye Aldi massacre was a notorious crime in which Russian federal forces summarily executed dozens of people in the Novye Aldi suburb of Grozny, the capital of Chechnya, in the course of a "mopping-up" operation conducted there on February 5, 2000, soon after the end of the battle for the city...
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...
, which unanimously held Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
responsible for violations of Articles 2 (right to life) and 13 (right to effective remedy) of the European Convention of Human Rights. The case was brought to the European Court by several members of the Estamirov family together with the British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
Gareth Peirce
Gareth Peirce
Gareth Peirce is an English solicitor, educated at the Cheltenham Ladies' College, the University of Oxford and the London School of Economics. She is known for her work in high profile cases representing people with Irish and Muslim backgrounds accused of terrorism.-Personal life:Born with the...
and the organization Russian Justice Initiative.
On October 12, 2006, the Court held Russian state responsible for the summary execution
Summary execution
A summary execution is a variety of execution in which a person is killed on the spot without trial or after a show trial. Summary executions have been practiced by the police, military, and paramilitary organizations and are associated with guerrilla warfare, counter-insurgency, terrorism, and...
of five members of the Estamirov family in the Novye Aldi suburb of the Chechen capital Grozny
Grozny
Grozny is the capital city of the Chechen Republic, Russia. The city lies on the Sunzha River. According to the preliminary results of the 2010 Census, the city had a population of 271,596; up from 210,720 recorded in the 2002 Census. but still only about two-thirds of 399,688 recorded in the 1989...
, including a pregnant
Pregnancy
Pregnancy refers to the fertilization and development of one or more offspring, known as a fetus or embryo, in a woman's uterus. In a pregnancy, there can be multiple gestations, as in the case of twins or triplets...
woman and a one-year child (the bodies were discovered the same day, burnt and with gunshot
Gunshot
A gunshot is the discharge of a firearm, producing a mechanical sound effect and a chemical gunshot residue. The term can also refer to a gunshot wound caused by such a discharge. Multiple discharges of a firearm or firearms are referred to as gunfire. The word can connotate either the sound of a...
wounds). The Court noted that the Russian government had not disputed that the area was controlled by Russian federal forces at the time, and the government did not provide any explanation for its assertion that these deaths were not linked to numerous other deaths in that area on that day. The Court noted that the investigation
Detective
A detective is an investigator, either a member of a police agency or a private person. The latter may be known as private investigators or "private eyes"...
into the deaths had not been completed and that the individuals responsible were not identified or indicted; because of this and other shortcomings the Court found that the Russian state had also violated its obligation to conduct a proper investigation. It also expressed its dissatisfaction with the Russian government's refusal to disclose all documents concerning the investigation into the deaths.
External links
- Estamirov and others v. Russia: Introduction, The Case, The Context, The Procedure, The Judgment, Implementation (Russian Justice Initiative)
- The long road to justice, The GuardianThe GuardianThe Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
, June 12, 2006 - European Court of Human Rights holds Russia responsible for summary execution in Novye Aldi, Prague WatchdogPrague WatchdogPrague Watchdog was an English, Czech and Russian-language Prague-based on-line service that collected and disseminated information on the crisis in Chechnya and reporting on the conflict in the North Caucasus, focusing on human rights, humanitarian situation, media access and coverage, and the...
, October 12th 2006