The ECHR Comminized the father of the father of the murdered Dagestan shepherds of the Gasangusenovs

The European Court of Human Rights (ECHR) communicated the complaint of Murtazali Gasangusenov, the father of Dagestan shepherds, the Nabi and Hasanguseyn brothers, killed by the Russian security forces last year. According to the Caucasus. Realii, the court made such a decision on June 5.

The ECHR ordered the Russian authorities until October 4 to provide copies of the materials of the preliminary investigation of the circumstances of the death of the brothers, as well as the materials of all cases regarding their death. In addition, the court ordered to provide a list of all measures to investigate the murder adopted by the authorities in chronological order.

On the receipt of Gasangusenov’s complaint to the court became known on November 13, 2017 . In the Strasbourg court, the father of the dead is represented by the Human Rights Center "Memorial" and the European Center for Human Rights (Ehrac). Gusangusenov accuses Russia of violating articles 2 (right to life), 13 (the right to an effective means of legal protection) and 8 (the right to respect private and family life) of the European Convention. The violation of the latter of these articles was explained by lawyers, it consists in the fact that the parents of the dead did not have the opportunity to prove their innocence and thereby protect their good name.

19-year-old Gasanguseyn and 17-year-old Nabi Gasangusenov lived in the village of Horo-Hinds of the Shamilsky district along with disabled parents. On August 23, 2016, the brothers grazed cattle a few kilometers from the aul. The head of the settlement annually notifies the police about where each shepherd grazing cattle.

At 21:32, Nabi Hasangusenov called his mother, Patimat Aliyeva, and said that he was returning home with his brother. However, young people never came home; They did not answer calls.

At 6 a.m. on August 24, the brothers' uncle discovered their bodies. The dead lay on the ground by the faces down. They were dressed in other people's black jackets with hoods and tribulations. There were machine guns on the backs, and next to the bodies - plastic slippers, army boots that also did not belong to the deceased, and backpacks. The stains of blood on the ground were sprinkled with sand.

The arrived police officers intended to take the killed for a forensic examination, but the indignant residents of the aul did not give their body.

According to the report, which, on the day of the death of the Hasangusenovs, compiled the acting The head of the police department Ibrahim Aliyev, on August 23, 2 kilometers from the Horo-Hindah FSB together with the police, including the Central Bank, carried out some operational-election events. At 21:30, the brothers allegedly fired at the security forces and were killed by return fire.

Meanwhile, in the UFSB for Dagestan, the Novaya Gazeta request replied that no events in this area were held on August 23. The regional Ministry of Internal Affairs was difficult to provide explanations.

The next day after the murder of the brothers, the Investigative Committee opened a case on the alleged attack on the security forces under article 317 (an encroachment on the life of a law enforcement officer) and part 2 of Article 222 of the Criminal Code (illegal turnover of weapons by a group of persons by prior conspiracy). The case was opened against "unidentified persons" - the late Gasangusenovs did not become involved in his defendants. In this regard, the relatives of the killed and lawyers of Murad and Shamil of the Magomedovs, working by agreement with the Memorial, were not allowed to familiarize themselves with materials. In particular, they were not familiarized with the protocols of interrogations of 19 witnesses, although these interrogations were carried out precisely on the initiative of the representative of the Gasangusenov family.

Lawyers managed to appeal the refusal in court. Only after that did the investigator allow them to familiarize themselves with the materials.

Until April 2017, the TFR conducted a number of examinations. One of them showed that under the nails and on the hair of the dead there are no traces of the products of the shot, which would certainly be discovered if they really attacked the security forces with weapons. From which machine guns were shot, it was also not installed. At the same time, the TFR investigated only 10 trunks seized in the police department and regional CPE; The FSB involvement in the murder was not checked. Meanwhile, of the 18 shells found at the site of the incident, only one was released from a machine gun left on the body of one of the deceased.

Meanwhile, the affairs of the murder of the TFR brothers did not excite for several months. In response to the statement of the father of the deceased, submitted on January 31, the investigator Safaraliev promised to conduct a preliminary investigation. Gasangusenov appealed the inaction of the official, and on March 23, the Soviet District Court Makhachkala ordered Safaraliev to make a decision on the application within three days. The Supreme Court of Dagestan confirmed this decision, rejecting the appeal of both the investigator himself and the prosecutor. As a result, the case was opened only in November.