CEDH · PRESS;GENERAL;ENG — 14 octobre 2004

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s76CF415B { page-break-before:always; clear:both } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s9A223E1B { width:11.03pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .s3CED24E9 { width:27.05pt; text-indent:0pt; display:inline-block } .s9F8EB0C0 { width:18.63pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } EUROPEAN COURT OF HUMAN RIGHTS   502 14.10.2004   Press release issued by the Registrar   CHAMBER HEARING KHASHIYEV AND AKAYEVA v. RUSSIA ISAYEVA AND OTHERS v. RUSSIA   ZARA ISAYEVA v. RUSSIA     The European Court of Human Rights is holding a Chamber hearing at 9 a.m. on Thursday 14 October 2004 on the merits in three cases: Khashiyev and Akayeva v. Russia (application nos. 57942/00 and 57945/00), Isayeva and others v. Russia (application nos. 57947/00 to 57949/00) and Zara Isayeva v. Russia (application no. 57950/00).   The applicants   The cases concern six applications brought by six Russian nationals.   Summary of the facts   Magomed Khashiyev and Rosa Akayeva, who were born in 1942 and 1955 respectively, were at the material time residents of Grozny, Chechnya. They complain about the alleged extra-judicial executions of their relatives by members of the Russian Army in Grozny at the end of January 2000. The bodies of Mr Khashiyev’s brother and sister and two of his sister’s sons and Ms Akayeva’s brother were found with numerous gunshot wounds. A criminal investigation, opened in May 2000, was suspended and reopened several times, but those responsible were never identified. In 2003 a civil court in Ingushetia awarded damages to Mr Khashiyev in relation to the killing of his relatives by unidentified servicemen.   Medka Isayeva, Zina Yusupova and Libkan Bazayeva, born in 1953, 1955 and 1949 respectively, lived in Grozny until 1999, when they moved to Ingushetia. They complain about the alleged indiscriminate bombing by Russian military planes of civilians leaving Grozny on 29 October 1999. As a result of the bombing, Ms Isayeva was wounded and her two children and daughter-in-law were killed, Ms Yusupova was wounded and Ms Bazayeva’s cars containing the family’s possessions were destroyed. A criminal investigation into the bombardment, which confirmed the applicants’ version of events, was suspended and reopened several times. The reason given for suspension was that the actions of the military pilots had been legitimate and proportionate in the circumstances, as they had been under attack from the ground. No-one was charged.   Zara Isayeva was born in 1954 and lived in Katyr-Yurt, Chechnya, until 2000. She complains about the alleged indiscriminate bombing by the Russian military of the village of Katyr-Yurt on 4 February 2000. As a result of the bombing, her son and three nieces were killed. A criminal investigation, opened in September 2000, confirmed the applicant’s version of events. The investigation was closed in 2002, as the actions of the military were found to have been legitimate in the circumstances, as a large group of illegal fighters had occupied the village and refused to surrender.   Complaints   Mr Khashiyev and Ms Akayeva complain that their relatives were tortured and murdered by members of the Russian Army, that the investigation into their deaths was ineffective and that they had no access to effective remedies at national level. They rely on Article 2 (right to life), Article 3 (prohibition of torture and inhuman or degrading treatment) and Article 13 (right to an effective remedy) of the European Convention on Human Rights.   Medka Isayeva, Ms Yusupova and Ms Bazayeva complain that their relatives’ and their own right to life and to protection from inhuman and degrading treatment were violated. Ms Bazayeva also complains that the destruction of her cars containing the family’s belonging constituted an infringement of her property rights. The applicants further complain that the investigation undertaken was ineffective and that they had no access to an effective remedy at national level. They rely on Articles 2, 3 and 13 of the Convention and Article 1 of Protocol No. 1 (protection of property).   Zara Isayeva complains that her relatives’ right to life was violated, that the investigation was ineffective and that she had no access to an effective remedy. She relies on Articles 2 and 13.   Procedure   The applications Khashiyev v. Russia and Akayeva v. Russia were lodged with the European Court of Human Rights respectively on 25 May 2000 and 20 April 2000. Isayeva v. Russia , Yusupova v. Russia and Bazayeva v. Russia were lodged with the Court respectively on 25, 27 and 26 April 2000 and Zara Isayeva v. Russia on 27 April 2000.   They were declared admissible on 19 December 2002.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Christos Rozakis (Greek), President , Peer Lorenzen (Danish), Giovanni Bonello (Maltese), Françoise Tulkens (Belgian), Nina Vajić (Croatian), Anatoli Kovler (Russian), Vladimiro Zagrebelsky (Italian),   judges , Elisabeth Steiner (Austrian), Khanlar Hajiyev (Azerbaijani), substitute judges , and also Søren Nielsen , Section Registrar .   Representatives of the parties   Government :   Pavel Laptev , Representative of the Russian Government before the European Court of Human Rights ,   Yury Berestnev , Counsel ,   Anna Saprykina , Adviser ;   Applicant :   Bill Bowring , Counsel ,   Philip Leach, Kirill Koroteev, Dokka Itslaev, Advisers .   The following applicants will also attend the hearing; Roza Akayeva , Libkan Bazayeva , Magomed Khashiyev and Zara Isayeva .     ***     After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Press contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments. More detailed information about the Court and its activities can be found on its Internet site.