Justice seven years later

Almost every week, news from Strasbourg is coming, where they consider the "Chechen" affairs. On June 21, the European Court of Human Rights made a decision in the case of Zura Bitieva, last week, July 5, in the case of Ruslan Alikhadzhiev. On July 12, a decision is expected in the Magomadov case. There is no reason to doubt that the decision on this case will differ from the previous ones - the Russian Federation will be found guilty of the disappearance of Ayubhan Magomadov.

The number of considered "Chechen" cases went to the second dozen, but the latest decisions are by no means ordinary and not routine.

The case of Zura Bitieva is the first that mentions the word "Chernokozovo". On January 25, 2000, an active participant in anti -war rallies, Black Zura - a little dark -skinned old woman, was detained with her son Idris Iduev in her house in the village of Kalinovskaya, Naursky district. She was delivered to Chernokozovo and kept there for 24 days. Zura miraculously did not die - her core, from the dungeon, was sent to the hospital. And in March she was informed: no one is guilty of anything, there are no complaints about you ...

Zura was found in claims, as a result, she turned to Strasbourg. You, the reader, have undoubtedly heard about Chernokozovo! It is hardly less than about Abu Graib. About how the Americans judge the Americans for torture in Abu Graib, we know-they give a deadline, they fly, they closed the prison ... Chernokozovo works to this day, there is a "zone" for convicts. And the institution, in which Zura was held in the winter of 2000, was neither a prison-an investigative insulator (pre-trial detention center), nor a temporary detention center (IVS). It was a receiver - a distributor for homeless people, although Zura was taken with documents in their own house! And Andrei Babitsky was kept in such, to put it mildly, not quite a legal place. And, of course, the militants, who were taken because they were militants, and not at all because they were homeless in the mountains. It was just that this institution was withdrawn from any control. Neither for legal art, nor for the "physical impact measures" practiced in Chernokozovo in Russia have not yet condemned anyone. (By the way, you, dear reader, a policeman never tried to reduce in a near -stove "to establish a person"? ..)

However, congratulations! - There is the first decision in the case of Chernokozovo. It is a pity that it is not made in Russia ...

The case of Ruslan Alikhadzhiev at first glance is more exotic: on May 17, 2000, he was taken away on Bether from his own home with relatives and neighbors - presumably in Hankalu. Helicopters circled above the district. All, except Ruslan, was released after some time. The fact that Alikhadzhiev was detained, our main military propagandist General Manilov managed to boast. And then the authorities went into the unconscious, the deputy prospector Biryukov began to blame the bandits: they kidnapped de and killed Ruslan Shamilievich ...

The fact is that Alikhadzhiev, in Soviet times, a tanker and warrant officer, in the “first Chechen” field commander, then became the speaker of the parliament of Ichkeria. I can testify - a very decent person. The author then searched for captured Russian soldiers and in August 1996 found such in the Ruslan detachment. They treated them quite decently - both during the battles, and then. Mother came to one of the prisoners, Pashka, he called her on a satellite phone ... these soldiers were then released by journalists from the "look", without any ransom or exchange. By God, there was someone to compare with - at the same time in the same places.

Alikhajiev liked to be speaker. Ruslan never supported Wahhabists. And when, after the March 2000, the battles of Komsomolsky, the federal side had the opportunity to consolidate their military victory politically, Alikhadzhiev became a natural partner in negotiations. It would be natural to accept the “honorary surrender” of the “moderate separatists”, in this way the terrorists, then, then, maybe they will finish them together ... Actually, something similar is happening now, years later. After all, the Kadyrovskaya power in Chechnya, that "politicians", that "security forces", is composed of former militants and field commanders who hunt "irreconcilable". And then the "irreconcilable" were already in isolation, and the partisan war did not start-the subversions went since the end of June 2000 ...

The negotiator of Alikhadzhiev "disappeared" - one of the first and most seniorly of the "Ichkerias". Then it was this practice of "extinction" that created a mobilization base for the organizers of the terror, for Nord-Ost and Beslan. So Alikhadzhiev’s business is also concerned with everyone. In Russia, eleven times the criminal case was resumed and suspended - "for the impossibility of being the persons to be attracted ..."

Another "case of disappearance" is the Magomadovsky case. On October 2, 2000, Ayubkhan Magomadov was detained by the "federals" and delivered to the notorious October Provisional Department of the Interior (VSD), after which Ayubhan disappeared. Relatives rushed to search-in Vovd they were recorded in the magazine that de Magomadov was released the next morning, at 8.30 ...

The only one of the thousands of investigated and the case of the “disappearance”-the Murdalov case-concerns the same Oktyabrsky VODDA, the same Khanty-Mansiysk police officers. There, among other articles of the Criminal Code, there was a forgery - falsification of records in the journal ...

However, the decision in the case of Magomadov has not yet been issued, and the chairman of the Constitutional Court Valery Zorkin has already been worried - was the Strasbourg court too much loaded? And is it not worth editing the norms of Russian law a little so that citizens who file complaints against Russia to the European Court of Human Rights have before all possible instances within the country, up to the Supreme Court.

Strange, I must say, initiative. After all, both our Constitution and the European Convention on the Protection of Human Rights and Fundamental Freedoms require, for starting to exhaust effective means of legal protection at the national level, and only then give the right to apply to international instances. But only the court himself determines: has exhausted or did not exhaust. Otherwise, it turns out, as if the director of the dining room blamed the dissatisfied visitor: "To complain in the SES - only with my consent. Ah yes, by the way, bite off branded mushrooms - I insist!"

After all, you can drive the plaintiff "from Pontius to Pilate" as much as you like! Strasbourg speaks of effective legal protection - and, say, supervisory proceedings in our country can last vaguely long. For Strasbourg, there are a six -month lines of filing complaints after the decision of the cassation instance, and the next Testaments of Zorkin, the plaintiff risks this period to miss ...

If the chairman of the Constitutional Court is preoccupied with the “unloading” of Strasbourg, then it would be much more appropriate to achieve ratification of the 14th protocol to the European Convention-Russia did not ratify it, but the protocol was “sharpened” for more efficient filtering of unacceptable complaints and a faster consideration of acceptable ...

However, in addition to legal casuistry (deserving separate consideration), there are also specific Russian circumstances.

For each of the three of these cases, the plaintiffs did not survive before the court decision. Zura Bitieva, together with his family, was shot in his house in the village of Kalinovskaya on the night of May 21, 2003-this happened in a specially protected zone, next to the Russian military base, the killers spoke Russian, before shooting, they checked the documents ...

Ruslanbek-brother of Ruslan Alikhadzhiev, who was conducting the case, on April 25, 2005, was stolen at a block depot, after which he disappeared. The mother of Ruslan, Zura Alikhadzhiev, from whom I took a power of attorney to conduct business in December 2000, died of a heart attack on February 16, 2006. She was generally unhealthy-in 2000, Ruslan was taken when he came to visit the sick mother.

The brother of Ayubkhan Magomadov Yakub, who was engaged in the “Strasbourg” business, was kidnapped in Moscow, taken to Chechnya, and disappeared ...

All these matters concern not only Chechnya. Not only because the Crimes did not create crimes, but the “security forces” sent from Russia - who later returned to Russia. Not only because similar is quite possible outside one thousandth of the Russian Federation called Chechnya. They also confirm the old: in Russia we must live for a long time. Justice occurs in six to seven years. If the next initiative of Valery Zorkin does not hurt her ...

The Russian Federation will most likely pay the amounts of compensation awarded in Strasbourg - will it really calm down? And will these amounts become a “lawlessness” tax for representatives of the authorities?

However, this is already a topic for a separate conversation.