CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 2 décembre 2010

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margin-bottom:0pt; text-align:justify; font-size:10pt } .s3133A7C8 { font-family:Arial; color:#0069d6 }       FIRST SECTION                   CASE OF ABUYEVA AND OTHERS v. RUSSIA   (Application no. 27065/05)           JUDGMENT   STRASBOURG   2   December 2010   FINAL   11/04/2011   This judgment has become final under Article 44 § 2 (c) of the Convention. It may be subject to editorial revision. In the case of Abuyeva and Others v. Russia, The European Court of Human Rights (First Section), sitting as a Chamber composed of:   Christos Rozakis, President,   Anatoly Kovler,   Elisabeth Steiner,   Dean Spielmann,   Sverre Erik Jebens,   Giorgio Malinverni,   George Nicolaou, judges, and André Wampach, Deputy Section Registrar , Having deliberated in private on 9   November 2010, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 27065/05) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by the 29 Russian nationals listed below (“the applicants”) on 26 July 2005. 2.     The applicants were represented by lawyers of the NGO EHRAC/Memorial Human Rights Centre. The Russian Government (“the Government”) were represented by their Representative, Mr G. Matyushkin. 3.     On 4 September 2008 the Court decided to apply Rule 41 of the Rules of Court, to grant priority treatment to the application and to give notice of the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility. 4.     The Government objected to the joint examination of the admissibility and merits of the application. Having considered the Government's objection, the Court dismissed it. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 5.     The applicants are the twenty-nine Russian nationals listed below: 1.     Ms Marusa Abuyeva, born in 1948; 2.     Ms Malika Abdulkerimova, born in 1957; 3.     Ms Larisa Anzorova, born in 1972; 4.     Ms Malika Akhtakhanova (also spelled as Akhmetkhanova), born in 1965; 5.     Ms Maryam Akhtakhanova, born in 1986; 6.     Mr Mamudtsalya Akhtakhanov, born in 1951; 7.     Mr Avgazar Byutukayev, born in 1943; 8.     Ms Malizh Byutukayeva, born in 1957; 9.     Ms Raisa Vakhayeva, born in 1959; 10.     Ms Khava Vakhayeva, born in 1987; 11.     Ms Madina Vakhayeva, born in 1990; 12.     Ms Nurzhan (also spelled as Nurshan) Vakhayeva, born in 1964; 13.     Ms Elita Vakhayeva, born in 1986; 14.     Mr MuslimVakhayev, born in 1981; 15.     Mr Salambek Vakhayev, born in 1992; 16.     Ms Aset Gaskalova, born in 1965; 17.     Ms. Luiza Guchigova, born in 1969; 18.     Ms. Khava Dadayeva, born in 1978; 19.     Ms Tamara Dzhamaldinova, born in 1966; 20.     Ms Aliya Debirova, born in 1932; 21.     Ms Khadisht (also spelled as Khadishat) Ismailova, born in 1970; 22.     Ms Maret Musayeva, born in 1970; 23.     Ms Malizha Osmayeva, born in 1964; 24.     Ms Bela Orsamikova, born in 1977; 25.     Mr Makhmud Satuyev, born in 1967; 26.     Mr Zula Soslambekova (also spelled as Zulay and Zura Soslanbekova), born in 1956; 27.     Ms Zara Sulimanova (also spelled as Suleymanova), born in 1964; 28.     Ms Mani (also spelled as Moni) Umalatova, born in 1957; and 29.     Ms Roza Khankerkhanova (also spelled as Razet Khametkhanova), born in 1962. 6.     Malika Abdulkerimova lives in Urus-Martan, Tamara Dzhamaldinova lives in Achkhoy-Martan and Bela Orsamikova lives in Grozny, Chechnya. The other applicants live in the village of Katyr-Yurt, in the Achkhoy ‑ Martan district, Chechnya. A.     Events of 2-7 February 2000 7.     The facts of the case are connected to the application Isayeva v.   Russia , no. 57950/00, 24 February 2005, in that the applicants and their relatives were victims of the attack on the village of Katyr-Yurt that took place between 4 and 7 February 2000. In the Isayeva case the applicant and her relatives were trying to escape the fighting on 4 February 2000 when an aviation bomb exploded near their minivan, wounding the applicant and killing three of her relatives. In that case the Court established a number of facts relevant to the present case which can be summarised as follows. 8.     Since the beginning of military operations by the Russian military and security forces in Chechnya in the autumn of 1999, the village of Katyr-Yurt had been treated as a “safe zone.” By the beginning of February 2000 up to 25,000 persons lived there, including local residents and internally displaced persons from elsewhere in Chechnya. Prior to 4 February 2000 the residents of Katyr-Yurt had not been informed by the State authorities about the possible advance of Chechen insurgent formations into the village, whereas such information had been available to federal military commanders. On 4 February 2000 the village was captured by a large group of Chechen fighters escaping from Grozny and the federal military forces subsequently carried out an assault, using weapons such as heavy free ‑ falling aviation bombs, missiles and other arsenal. The two roads out of the village were controlled by the military by means of roadblocks. While the roadblock leading towards the district centre of Achkhoy-Martan allowed the residents to leave, the other one, placed on the road leading towards the neighbouring village of Valerick, remained closed for the majority of the fighting. The shelling of Katyr-Yurt continued until – and throughout – 7   February 2000. 9.     At the material time, all of the applicants lived in Katyr-Yurt. As a result of the bombardment, twenty-four of the applicants' relatives died (see table attached). Some applicants also sustained various injuries, as summarised below. B.     The applicants' accounts 10.     In 2005 some of the applicants made detailed statements to their representative, the Stichting Russian Justice Initiative (SRJI), to describe the circumstances of the deaths and injuries resulting from the attack. Others submitted documents certifying the deaths of their relatives, without further explanations. The various statements and submissions can be summarised as follows. 1.     Statement by Marusya Abuyeva (applicant 1) 11.     Marusya Abuyeva lives with her family in Katyr-Yurt at 38 Kirova Street. In early February 2000 they heard rumours that their village could be taken over by fighters who had escaped from Grozny and who had already been spotted in the villages of Zakan-Yurt and Shaami-Yurt. On 2 February 2000 the applicant and her family tried to leave for Achkhoy-Martan in a horse-drawn cart. They were prevented from doing so by military servicemen at the roadblock, who explained to them that no one would be allowed to leave the village. 12.     In the early hours of 4 February 2000 the applicant witnessed a large group of armed fighters entering the village from the direction of Shaami ‑ Yurt to the north of the village. The applicant and her family went into the cellar, anticipating and fearing the bombardment which started soon afterwards. 13.     During the morning of 4 February 2000 there was a lull in the attack and the applicant's son, Ruslan Abuyev (born in 1979), went upstairs. Sometime later the applicant followed him upstairs and saw a group of men in the courtyard, who told her that Ruslan Abuyev had been killed. Their house had been destroyed by an artillery shell. 14.     Marusya Abuyeva, her husband and her son Ali took the body of Ruslan Abuyev and tried to leave the village through the roadblock, heading north towards the village of Valerik. According to the applicant, it took them about two hours to cross the distance of six or seven hundred metres to the roadblock because of the shelling and confusion. By the time they reached the roadblock, there were already many other residents there. The military refused to let anyone through. 15.     Marusya Abuyeva and her family, along with other refugees, spent the ensuing three days camping in houses situated near the roadblock, because the servicemen assured them that it would be safe to remain there. Nevertheless, the houses were shot at on at least one occasion, as a result of which three people were killed and about ten wounded. They could not return to the village because of the fighting. The applicant and other residents suffered from cold and hunger. On 8 February 2000 they were allowed to go to Valerik. 16.     On 27 February 2000 the Achkhoy-Martan district civil registration office (hereinafter “the district civil registration office”) recorded Ruslan Abuyev's death and that it had occurred in Katyr-Yurt on 5 February 2000. 17.     According to the applicant, upon returning home they found their house and property destroyed. In the summer of 2000 she was interviewed by R., an investigator from the military prosecutor's office, who assured her that the persons responsible for the attack would be identified and that she would receive compensation. She had not heard anything further in that regard. 2.     Statement by Malika Abdulkerimova (applicant 2) 18.     Malika Abdulkerimova lived in Urus-Martan. In October 1999 she was trading in the Grozny market together with Tamara Mestoyeva. When the city came under bombardment she, together with her family, went to Katyr-Yurt where they all stayed with Tamara Mestoyeva's sister. The applicant considered Katyr-Yurt to be a safe place because there was a military unit stationed there and there was no fighting. The applicant and Tamara Mestoyeva traded in the local market and on Sundays went to the market in Urus-Martan. 19.     On 2 February 2000 some Russian military servicemen stopped the applicant and Islam Orsamikov, Tamara Mestoyeva's son, on the road to the village of Valerik because they had an order not to let anyone out of the village. 20.     Early in the morning on 4 February 2000 the applicant learned that the village had been occupied by fighters. Soon afterwards, shelling started from the direction of the north. 21.     The applicant, her family and Tamara Mestoyeva's family took shelter in the basement of a house situated further down the road. About two hours later, an official from the village administration came to that house and told them that the military had allowed residents to leave in the direction of Achkhoy-Martan. Tamara Mestoyeva, her three sons – Islam, Omar and Ali Orsamikov – and the applicant's son, Sulambek Abdulkerimov (born in 1980), remained in the cellar because they wanted to collect their belongings and leave with their vehicles. 22.     The applicant walked in a group of about twenty people, together with Mrs Mestoyeva's sister, daughter (Bela Orsamikova, applicant 24) and two grandchildren. Despite the shelling that had been going on, the applicant reached Achkhoy-Martan at about 6 p.m. on the same day. 23.     On 8 February 2000 she returned to the village. Together with Tamara Mestoyeva's relatives, the applicant found that Tamara Mestoyeva's sister's house had been destroyed. 24.     On 9 February 2000 some men helped them to clear the ruins. They found eight bodies in the cellar of the house, including those of Sulambek Abdulkerimov (the second applicant's son), Tamara Mestoyeva and her three sons. They had been killed by an explosion. There were also large craters left from bombs that had fallen near the house (see statement by Bela Orsamikova below). 25.     On 29 April 2005 the district civil registration office issued a death certificate in respect of Sulambek Abdulkerimov. The date and place of death were recorded as 4 February 2000 in Katyr-Yurt. 26.     Mrs Abdulkerimova submitted that during the summer of 2000 she had been interviewed by an investigator from the military prosecutor's office at the Katyr-Yurt village administration office. At the end of the interview, the applicant signed the transcript and was assured that she would be informed of the progress of the investigation. In May 2005 the applicant learned from other residents of Katyr-Yurt that the investigation had been closed in 2002 but that no one had been informed at the time. 3.     Statement by Larisa Anzorova (applicant 3) 27.     Larisa Anzorova lives in Katyr-Yurt at 26 Gagarina Street. Shelling of the village started at about 9 a.m. on 4 February 2000. The applicant's family went down into the basement of their house. At about 10 a.m. the third applicant's father, Kharis Anzorov (born in 1936), was wounded in the courtyard as a result of a blast. The applicant and her mother brought Kharis Anzorov to the cellar of his cousin's house but were unable to give him any medical aid. There were a lot of people, including women and children, at the house. On the same day the applicant and other people went to Achkhoy-Martan under continuous shelling. 28.     On 5 February 2000 the applicant's brother came to Achkhoy ‑ Martan and told them that their father had died of his wounds on the previous day. 29.     On 28 February 2000 the district civil registration office issued a death certificate. The date and place of Kharis Anzorov's death were recorded as 4 February 2000 in Katyr-Yurt. 30.     Mrs Anzorova submitted that around one or one and a half years after the events, she and her mother had been interviewed by an official from the military prosecutor's office. They had not heard further in that regard. 4.     Statements by Malika, Maryam and Mamudtsalya Akhtakhanovy (applicants 4, 5 and 6) 31.     The applicants' family is from Grozny. In February 2000 they were staying with their relatives in Katyr-Yurt, at 5 Chkalova Street. The family consisted of Malika Akhtakhanova, her husband Mamudtsalya Akhtakhanov (born in 1951), their daughter Maryam (born in 1986), and two sons, Islam and Yakub (born in 1991 and 1997 respectively). Heavy shelling of the village started on the morning of 4 February 2000. 32.     The applicants took shelter at 7 Chkalova Street. At about noon they got into a Kamaz truck and drove towards the centre of the village but because of the heavy shelling they had to abandon the vehicle and return to the cellar, under fire. 33.     Soon afterwards a missile hit the house where they had been hiding. Each of the applicants was wounded and three other people were killed on the spot. The fourth applicant's son called their neighbours, who helped to take the wounded to another house. They remained there – without proper medical assistance – until the following morning. 34.     During the morning of 5 February 2000 the family and two other relatives went towards Achkhoy-Martan in a car. On the same day, the fourth applicant was admitted to the Achkhoy-Martan hospital where she was operated upon. Her husband was immediately transferred to the hospital in Nazran, Ingushetia. 35.     Malika Akhtakhanova remained in the hospital in Achkhoy-Martan until 6 March 2000. The document issued by the hospital upon discharge noted that she had suffered from several splinter wounds, including piercing of the left lung, severe loss of blood and inflammation, and that on 19   February 2000 she had been operated upon for a second time but that a splinter had remained in her body. 36.     Mamudtsalya Akhtakhanov remained in the Nazran hospital until 6   March 2000. He was diagnosed with a shell wound to the head and with concussion and he was operated on at the Nazran hospital. He also continues to have a splinter in his head. He was granted disability of the first degree and for a long time was unable to move or eat without assistance. 37.     Maryam Akhtakhanova sustained a wound to the face. In December 2000 she underwent surgery on her eyelids in a specialised hospital in Moscow. 38.     Malika Akhtakhanova submitted that she had been interviewed by a military prosecutor on one occasion. The investigator assured her that she would be notified of the results and that compensation would be paid to the family. The applicants had not been informed of any further developments and had not received any compensation. 5.     Statements by Avgazar Byutukayev and Malizh Byutukayeva (applicants 7 and 8) 39.     The applicants are brother and sister. They live with other members of their extended family in Katyr-Yurt at 11 Akharkho Lane. Avgazar Byutukayev is married and has four children. On the morning of 4 February 2000 the applicants saw a group of armed fighters in the village. Soon afterwards heavy shelling started. 40.     During the morning of 5 February 2000, Avgazar Byutukayev was wounded in the left leg by a shell explosion in his courtyard. He lost a lot of blood and could not move. On the following day he was found in the courtyard of his house by a group of Russian servicemen who gave him first aid and transferred him to the Urus-Martan hospital. There he was diagnosed with shell wounds to the left leg, frost bite, loss of blood and hypothermia. On 15 February 2000 his left leg was amputated as a result of developing gangrene. He remained in the hospital until 6 May 2000. 41.     Malizh Byutukayeva and other members of the family tried to escape the fighting through the exit towards Valerik. On 5 February 2000 they reached the roadblock but were not allowed to pass. The eighth applicant and other residents were advised by the servicemen to wait in three empty houses near the roadblock. On 6 February 2000 these houses were shot at from passing military vehicles, as a result of which both Malizh Byutukayeva and Avgazar Byutukayev's daughter, Malika, were wounded. The military then allowed the two women to leave the village. Other servicemen delivered them to the Urus-Martan district hospital where they were given first aid. 42.     On 17 February 2000 Malizh Byutukayeva was transferred to the Sunzha district hospital in Ingushetia, where she was diagnosed with a shell wound to the right upper part of the torso, an open fracture of the right shoulder blade and infection of the wounds. She was operated upon and remained in hospital until 11 April 2000. No documents were submitted in relation to Malika Byutukayeva. 43.     During the summer of 2000, an investigator from the military prosecutor's office interviewed Malizh Byutukayeva about the events of February 2000. She was told that she would be informed of the outcome of the proceedings. 6.     Statements by Raisa, Khava and Madina Vakhayeva (applicants 9, 10 and 11) 44.     Raisa Vakhayeva is Nurzhan Vakhayeva's sister-in-law (see statement by Nurzhan Vakhayeva, applicant 12, below). She had five children, including Khava Vakhayeva (born in 1987), Adlan Vakhayev (born in 1989), Madina Vakhayeva (born in 1990), and Musa Vakhayev, who at the relevant time was 9 years old. She lived at 53 Chkalova Street, Katyr-Yurt with her husband and children. At the material time, there were three internally displaced people from the village of Zakan-Yurt staying in their house. 45.     Early in the morning on 4 February 2000 the applicants took shelter in the large basement of Nurzhan Vakhayeva's two-storey house. About 150 people gathered there, including old people and children. Heavy shelling continued all morning. 46.     At about noon there were two strong blasts which destroyed the house and damaged the basement. Four people died immediately and another seven died later of their injuries. Raisa Vakhayeva received several wounds to the hands and body. Her three children, Adlan, Khava and Madina, were also wounded. 47.     She and her three wounded children were taken by a fellow villager in a car to Achkhoy-Martan. In the confusion she had lost track of her son Musa. Having sent her three wounded children to the hospital in Urus-Martan, she returned to Katyr-Yurt to find Musa at her neighbours' house. Later on the same day Raisa Vakhayeva, her husband and their son Musa, along with other people, managed to leave the village under shelling. They were brought to the Ackhoy-Martan hospital. 48.     Raisa Vakhayeva was diagnosed with a piercing wound to the chest, a shell wound to the right hand and with concussion. She remained in the hospital of Achkhoy-Martan until 3 March 2000. 49.     Khava Vakhayeva was diagnosed with shell wounds to the left waist area and left shoulder. Madina Vakhayeva was diagnosed with a shell wound to the left hand. Both girls were discharged from the Urus-Martan hospital on 3 March 2000. 50.     Raisa Vakhayeva's son Adlan Vakhayev died on 3 March 2000 in the hospital in Urus-Martan. On 31 March 2005 the district civil registration office issued a death certificate confirming this information. 51.     Raisa Vakhayeva was interviewed as a witness by the officers of the military prosecutor's office. In April 2005 she learnt that the case had been closed in March 2002. 7.     Statement by Nurzhan Vakhayeva (applicant 12) 52.     Nurzhan Vakhayeva lives in her own house in Katyr-Yurt at 2   Chkalova Lane. On 4 February 2000 she was at home with her six children: Muslim Vakhayev (applicant 14, born in 1981); Berlant Vakhayeva (born in 1983); Sulim Vakhayev (born in 1984); Elita Vakhayeva (applicant 13, born in 1986); Salambek Vakhayev (applicant 15, born in 1992); and Ramzan Vakhayev (born in 1994). 53.     On 4 February 2000 the applicant's extended family and many neighbours gathered in the large basement of her house. Heavy shelling continued all morning. At about noon there were two strong blasts. The neighbours later told them that a large aviation bomb dropped by parachute had fallen on the house. 54.     According to the applicant, four people died on the spot and seven others died soon after. Nurzhan Vakhayeva suffered wounds to her back and hands. Her daughter Elita suffered injuries to the face, hands, legs and back. 55.     Nurzhan Vakhayeva and her children ran to another house under constant fire and shelling. However, shortly afterwards that house was also hit by a bomb, and her son Salambek suffered an injury to the head. 56.     Nurzhan Vakhayeva, her daughter Elita and son Salambek were picked up in the street by a neighbour in a car who took them to a hospital in Achkhoy-Martan. They received first aid there, although no medical records of this were produced. 57.     On the following day, 5 February 2000, the applicant's four other children arrived at Achkhoy-Martan. Her son Muslim had been wounded and taken by bus to the Achkhoy-Martan hospital. 58.     The applicant submitted that they had remained in the Achkhoy-Martan hospital for one and a half months, after which they had been sent to a rehabilitation centre. The applicant did not submit any medical records. 59.     At some point, Nurzhan Vakhayeva was interviewed by officials from the military prosecutor's office but did not receive any information about the progress of the investigation or any compensation. 8.     Statement by Aset Gaskalova (applicant 16) 60.     Aset Gaskalova lives in Katyr-Yurt at 9 Chkalova Lane. On 4   February 2000 she was at home with her husband and four children (born between 1987 and 1997). Early in the morning, the applicant and her family went to the cellar of the Vakhayevs' house situated nearby. 61.     Some time in the late morning two powerful blasts occurred. Several people were killed and wounded. The applicant's son Rustam Vakhayev, who was 13 at the time, was wounded in the head. The applicant, who was holding her youngest child in her hands, jumped out of the window, but had to climb back in because of the continued shelling. She and her four children then got out of the basement and were taken by neighbours to another house. The applicant did not see her husband. 62.     At about 2 p.m. later that day, the applicant and her children escaped Katyr-Yurt in a bus, under heavy shelling. They received first aid in the hospital of Achkhoy-Martan and were subsequently taken in by their relatives. 63.     On 7 February 2000 the applicant learnt that her husband, Khasmagomed Vakhayev (born in 1960), had died as result of the explosion at the Vakhayevs' house. On 18 February 2000 the district civil registration office certified the death of Khasmagomed Vakhayev in Katyr-Yurt on 4   February 2000. 64.     In 2001 the applicant was summoned to the local prosecutor's office and interviewed by an investigator from the military prosecutor's office. The same investigator visited the Vakhayevs' house and took photographs at the site of the explosions. 65.     In March 2005 she learnt from her fellow villagers that the investigation had been closed in March 2002. 9.     Statement by Khava Dadayeva (applicant 18) 66.     Khava Dadayeva lives in Katyr-Yurt at 2 Chkalova Street. On the morning of 4 February 2000 her extended family gathered in their neighbours, the Vakhayevs', basement. Later in the morning, despite the shelling, the applicant left the basement and went to her house in order to fetch some food. When she was returning to the basement she saw two explosions – one near the house and one directly hitting it. There was a lot of smoke and debris thrown around. Among the wounded people taken out of the basement, the applicant saw her mother-in-law, Zara Masayeva (born in 1950), who had suffered injuries to the body and head. Zara Masayeva and the other wounded were taken by car to Achkhoy-Martan. 67.     Khava Dadayeva and the rest of her family tried to get out of Katyr ‑ Yurt later that day by a bus, but were forced to return to the basement of a nearby house because of air strikes. During the morning of 5 February 2000 they went by foot to the western edge of the village where a large number of people had gathered trying to escape the fighting. At first, the soldiers at the roadblock refused to let the men through, but after pressure from the families eventually let everyone go. In Achkhoy-Martan she learnt that Zara Masayeva had died. On 10 February 2000 the district civil registration office recorded Zara Masayeva's death as having occurred in Achkhoy-Martan on 5 February 2000 as a result of a head injury. 68.     Several days later, the applicant returned to Katyr-Yurt and found her house destroyed. During the summer of 2000 she was interviewed by an investigator from the military prosecutor's office. She was assured that a criminal investigation was being carried out into the deaths of her mother-in-law and of other people and that she would be informed of its results. 10.     Statement by Tamara Dzhamaldinova (applicant 19) 69.     Tamara Dzhamaldinova lives in Katyr-Yurt at 110 Lenina Street. In February 2000 the applicant lived there with her mother, daughter Khava (born in 1998), two nieces and nephew, Adam Dadayev (born in 1976). 70.     On the night of 3 February 2000 the applicant and her family went to the basement of the house situated at 8 Melnichnaya Street, because they had heard artillery strikes at the neighbouring village of Shaami-Yurt. They spent the day of 4 February in the basement. At about 5 p.m. on 4 February, the applicant's nephew Adam Dadayev went out into the street and returned to tell them that women and children could leave the village. 71.     The applicant and her family members walked towards the centre of the village. When they were about 100 metres away from their house, Adam Dadayev returned to the house to let the cattle out. As soon as he came out of the gates to their house, a RAF minivan in the street right in front of the gates was hit by a missile launched from a plane. The applicant was hit by a shock wave and her daughter Khava fell to the ground and broke her collar bone. When she stood up, the applicant saw the body of her nephew on the ground in front of their gates. Some other people held her back when she wanted to return home. Instead, the applicant ran towards the road out of the village. At some point they were picked up by a bus and taken to Achkhoy-Martan. 72.     On 6 February 2000 the applicant returned to Katyr-Yurt and found the body of her nephew, who had sustained numerous shrapnel wounds to the head and torso. She kept his jacket, which was later taken from her by the military prosecutor's office. The applicant later learnt that the Isayevs' family were in the RAF minivan (see Isayeva v. Russia , cited above). 73.     On 27 February 2000 the district civil registration office issued a death certificate in respect of Adam Dadayev, recording that he had died on 4   February 2000 in Katyr-Yurt. 74.     During the spring of 2000, Tamara Dzhamaldinova was interviewed by the military prosecutor's office and she showed them the place where her nephew had been killed. On several later occasions she was again interviewed as a witness. The applicant did not recall being formally granted victim status, though she had asked for this on several occasions. 11.     Statement by Aliya Debirova (applicant 20) 75.     Aliya Debirova lives with her extended family in Katyr-Yurt at 29   Chkalova Street. On 4 February 2000 the applicant, her husband Abdul ‑ Muslim Debirov, their sons, Sultan and Ramzan Debirov, and some other relatives were at home. 76.     Early in the morning they saw armed men in the streets of the village. Soon afterwards, shelling and aerial bombing began. The applicant and her family members went to the basement of their neighbours' house. Her son Sultan and her husband then went to another house. At about 11   a.m. the applicant's husband, Abdul-Muslim Debirov, was killed by an explosion in the courtyard of his house. 77.     After that, the applicant and other members of her family walked to the centre of the village and got into a Kamaz truck going to Achkhoy ‑ Martan. The shelling continued, and at some point the roof of the truck's cabin was blown off by a splinter. The truck finally reached the roadblock, where the military inspected the vehicle and let it through. The applicant and her family remained in Achkhoy-Martan for six days. When they returned to Katyr-Yurt, their house had been destroyed and the cattle killed. Her husband's body had been already buried. 78.     On 25 February 2000 the district civil registration office recorded the death from third and fourth degree burns of Abdul-Muslim Debirov, aged   72, on 4 February 2000 in Katyr-Yurt. 79.     The applicant submitted that later that year she had been interviewed by officials from the military prosecutor's office. The officials had filmed the place where her husband had been killed and the destroyed house with a video camera. They had told her that she would receive compensation. 12.     Statement by Khadisht Ismailova (applicant 21) 80.     The applicant lives with her family at 4-b Chkalova Lane in Katyr ‑ Yurt. On 4 February 2000 she and her family members were at home when a group of fighters came into their house. They told the family to go down into the basement in case the village was shelled. The applicant and her relatives went to the Vakhayevs' family house situated further along Chkalova Lane. There were a lot of people in the Vakhayevs' basement. 81.     At about midday there was a powerful explosion. The applicant was wounded in the left side of her torso and suffered concussion. Her mother ‑ in-law, Lyuba Shakhayeva, and brother-in-law, Islam Shakhayev, were also injured. The applicant stated that eleven people had died as a result of the explosion at the Vakhayevs' house. 82.     Neighbours put the applicant, her mother-in-law and another wounded woman into a car. Under shelling, the car reached the roadblock. At first, the military refused to let them through. Some time later, another man arrived at the roadblock with his mother, Zara Masayeva, who had also been wounded in the same house (see the statement of Khava Dadayeva, applicant 18, above). The military finally let them pass. 83.     The applicant was admitted to the Achkhoy-Martan hospital. The doctors first treated Lyuba Shakhayeva and Zara Masayeva, as they had suffered more serious wounds. Later that day the applicant was operated upon and a piece of shrapnel was removed from her body. 84.     In the meantime the applicant's brother-in-law had been taken by her husband, along with other wounded, in a Gazel utility vehicle towards Valerik. Islam Shakayev died of his wounds during the journey and his body was left in Valerik. The other wounded were taken to the Urus-Martan district hospital. 85.     On 10 and on 28 February 2000, respectively, the district civil registration office issued death certificates for Lyuba Shakhayeva, aged 48, who had died on 5 February 2000 in Katyr-Yurt from piercing shell wounds to the abdomen, and for Islam Shakhayev, aged 12, who had died on 4   February 2000 in Katyr-Yurt from numerous splinter wounds to the head. 86.     Khadisht Ismailova remained in the Achkhoy-Martan district hospital until 16 April 2000. She was operated on for splinter wounds to the left side of the body. 87.     In 2001 she was interviewed by representatives of the military prosecutor's office who promised to inform her about the progress of the investigation and to award her compensation. In 2005 she learnt that the investigation had been closed. She stated that she continued to suffer from her injuries. 13.     Statement by Maret Musayeva (applicant 22) 88.     Maret Musayeva lives in Katyr-Yurt at 1 Chkalova Lane. Early in the morning on 4 February 2000 a group of fighters entered the applicant's house. When the shelling started the applicant took her two daughters, at that time aged two and a half and one and a half years, to her neighbours, the Vakhayevs', house. At about 12.30 p.m. a large bomb fell on the house. The applicant was wounded in the back. She stated that at least nine people had died on the spot and that two more later died in hospital. 89.     The applicant and others were rescued by neighbours. She was brought to Achkhoy-Martan under fire. She remained there in hospital for about one month; she submitted no medical records in this respect. 90.     Some time later, the applicant was questioned by an official from the military prosecutor's office who assured her that the persons responsible for the attack would be identified and that she would receive compensation. Only later, in April 2005, did she learn that the investigation had been terminated. 14.     Statement by Malizha Osmayeva (applicant 23) 91.     Malizha Osmayeva lives at 193 Lenina Street in Katyr-Yurt. In early February 2000 she lived there with her husband Malgabek Osmayev, their three children, her mother-in-law and other relatives. 92.     The applicant's family hosted displaced people from other localities affected by the hostilities. The applicant submitted that the arrival of a large group of well-armed fighters in the morning on 4 February 2000 was unexpected. 93.     At about 7 a.m. the village came under fire from planes and helicopters. The applicant, her extended family and her neighbours gathered in the basement of her house. According to the applicant, there were three families sheltering, with a total of thirteen children. At about 10 a.m. the applicant's husband went upstairs to get drinking water. There was an explosion nearby and Malgabek Osmayev was seriously wounded in the head. The people in the basement brought him back down but could not give him proper medical assistance. They remained there until 7 p.m. when a neighbour came to collect his family with a Gazel utility vehicle and picked up the applicant and her husband. 94.     Under fire, the vehicle brought the applicant's husband to the hospital in Achkhoy-Martan, where he died on 5 February 2000. 95.     On the morning of 5 February 2000 the applicant's three children and mother-in-law were taken out of Katyr-Yurt by the same neighbour. 96.     On 2 October 2000 the Achkhoy-Martan district civil registration office recorded the death of Malgabek Osmayev on 5 February 2000 in Achkhoy-Martan from a piercing wound to the head. 97.     At some point, the applicant was interviewed at her home by an investigator from the military prosecutor's office. The investigator inspected the site where the applicant's husband had been wounded. Some time later, two other investigators collected the clothes her husband had been wearing on that day from her. The clothes were never returned to the applicant. 98.     At some point, an officer of the Achkhoy-Martan district prosecutor's office told the applicant that she would be informed of the outcome as soon as the investigation was over. 99.     In April 2005 the applicant received a letter from the military prosecutor's office of the North Caucasus Military Circuit which informed her that the investigation had been closed. She did not receive any help from the State, although her husband had been the sole bread winner of the family. 15.     Statement by Bela Orsamikova (applicant 24) 100.     Bela Orsamikova lives in Grozny with her family. In autumn 1999 her family fled to Katyr-Yurt. She stayed in her aunt's house on Ordzhonikidze Street. The following family members came to Katyr-Yurt with the applicant: her mother, Tamara Mestoyeva (born in 1950); her brothers, Islam Orsamikov (born in 1982), Umar Orsamikov (born in 1973), and Ali Orsamikov (born in 1972); and her daughters, Yakha Abdurzakova (born in 1997); and Kheda Abdurzakova (born in 1998). 101.     Together with Malika Abdulkerimova (applicant 2, see her statement above) the applicant's relatives traded goods in the markets of Nazran and Urus-Martan. On 2 February 2000 they were prevented from leaving the village of Katyr-Yurt by the soldiers manning the roadblock on the main road. 102.     Early in the morning on 4 February 2000 the shelling of the village started. The applicant, her two daughters, Malika Abdulkerimova and her other relatives decided to leave Katyr-Yurt on foot, while her mother and three brothers decided to wait for a quiet period so that they could leave with their trucks. 103.     The applicant and the others reached the main road but could not proceed because of intense shelling. They took shelter in the cellar of a house along with about 100 other people, including many children. There was very little space inside. At about 6 p.m. everyone went out in the street and walked towards the roadblock. The military let them cross and they reached Achkhoy-Martan. 104.     On 9 February 2000 the applicant learned that her mother, Tamara Mestoyeva, and her three brothers, Islam, Umar and Ali Orsamikov, had been killed in the cellar of the house at 61 Ordzhonikidze Street, together with Sulambek Abdulkerimov, Malika Abdulkerimova's son. Eight people were killed in the basement of that house as the result of an explosion of a large aviation bomb, which had left a huge crater. 105.     On 25 April 2005 the district civil registration office issued four death certificates in respect of the applicant's mother and three brothers. The deaths were recorded as having occurred on 4 February 2000 in Katyr ‑ Yurt. 106.     At so