CEDH · PRESS;GENERAL;ENG — 8 décembre 2005

.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 } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .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 } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } EUROPEAN COURT OF HUMAN RIGHTS   674 8.12.2005   Press release issued by the Registrar   CHAMBER HEARING BAZORKINA v. RUSSIA   The European Court of Human Rights is holding a Chamber hearing today 8 December 2005 at 9 a.m., on the merits in the case of Bazorkina v. Russia (application no. 69481/01).   The applicant   The case concerns an application brought by a Russian national, Fatima Sergeyevna Bazorkina who was born in 1938 and lives in the town of Karabulak, Ingushetia (Russia). She complains on her own behalf and on behalf of her son, Khadzhi-Murat Yandiyev, born on 27 August 1975.   Summary of the facts   The applicant submits that in August 1999 her son went to Grozny, Chechnya, and that she has not heard from him since.   On 2 February 2000, she saw her son being interrogated by a Russian officer in a television news programme about the capturing of the village of Alkhan-Kala [1] (also called Yermolovka). Khadzhi-Murat Yandiyev was wearing camouflage uniform and his right foot was wrapped in a cellophane bag.   The applicant later obtained a full copy of the recording, made by a reporter for NTV (Russian Independent TV) and CNN. At the end of the questioning the officer in charge gave instructions for the soldiers to “finish off” and “shoot” the applicant’s son. The CNN journalists who filmed the interrogation later identified the interrogating officer as Colonel-General Alexander B., the commander of the troops which captured Alkhan-Kala.   The applicant began a search for her son, visiting detention centres and prisons and applying to prosecutors at various levels, to the Ministry of Interior and the Ministry of Justice, among others.   On 18 August 2000 she was informed that her son was not being held in any prison in Russia.   On 1 November 2000 the OSCE Ambassador in Chechnya was informed that the applicant’s son was on a missing persons list.   On 30 November 2000 a military prosecutor concluded that “no dead body of Yandiyev had ever been discovered and from the videotape it did not follow that he had been killed, as the videotape did not contain such facts”. As a result, a decision not to open a criminal investigation was taken. A month later the same prosecutor stated that there were no reasons to conclude that military servicemen were responsible for the actions shown in the videotape.   In February 2001 two people submitted statements claiming that, on 2 February 2000, Khadzhi-Murat Yandiyev had been detained in Alkahn-Kala by federal troops.   On 14 July 2001 a criminal investigation was opened into the abduction of Khadzhi-Murat Yandiyev by unidentified persons.   On 6 February 2004 the applicant was informed that the investigation had been adjourned as the culprits had not been identified.   Complaints   The applicant submits that her son was ill-treated and killed by federal forces and that no effective investigation was carried out into the circumstances of his ill-treatment and “disappearance”, in violation of Articles 2 (right to life) and 3 (prohibition of ill-treatment or degrading treatment or punishment) of the European Convention on Human Rights. She also maintains, under Article 3, that she suffered anguish and emotional distress in connection with the “disappearance” of her son. In addition, she relies on Article 5 (right to liberty and security), Article 6 (access to court), Article 8 (right to respect for family life) and Article 13 (right to an effective remedy).   Procedure   The application was lodged with the European Court of Human Rights on 11 April 2001 and declared admissible on 15 September 2005.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Christos Rozakis (Greek), President , Loukis Loucaides (Cypriot), Françoise Tulkens (Belgian), Peer Lorenzen (Danish), Nina Vajić (Croatian), Snejana Botoucharova (Bulgarian), Anatoli Kovler (Russian), judges , Elisabeth Steiner (Austrian), Khanlar Hajiyev (Azerbaijani), Dean Spielmann (Luxemburger), substitute judges , and also Søren Nielsen , Section Registrar .   Representatives of the parties   Government :   Pavel Laptev , Representative of the Russian Federation before the Court ,   Yuri Berestnev, Aleksander Devyatko , Counsel ,   Anna Saprykina , Adviser ;   Applicant :   Andrey Nikolayev, Yelena Yezhova, Doina Ioana Straisteanu,   Ole Solvang , Advisers .   The applicant, Fatima Bazorkina, will also attend the hearing.     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)   Beverley Jacobs (telephone: +00 33 (0)3 90 21 54 21) 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. [1] The hospital in Alkhan-Kala had been treating patients (including Chechen fighters) who had been injured crossing mine fields after leaving Grozny in late January to early February 2000.