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Urgent campaigns / Urgent Interventions / Russian Federation / 2010 / December

Russian Federation: Follow-up of case RUS 121010_No effective investigation into the disappearance of seven individuals in Moscow

​Case RUS 121010.1
Follow-up of case RUS 121010
Whereabouts unknown/ Fear for the safety
 
The International Secretariat of the World Organisation Against Torture (OMCT) has received new information and requests your URGENTintervention in the following situation in the Russian Federation.
 
New information
 
The International Secretariat of OMCT has been informed by the Russian-Chechen Friendship Society (RCFS), a member of OMCT SOS-Torture Network, that two other individuals, namely Mr. Nakkash Khsan, a 24-year-old man native of the Republic of Tajikistan and Mr. Alexander Hayidov, a 20-year-old man native of the Republic of Turkmenistan, disappeared on the same night[1] Mr. Israpilov Magomed Khaybulaevich, a 35-year-old man native of the Republic of Dagestan, Mr. Chibiev Zelimkhan Akhmetovich, a 26-year-old garage mechanic native of the Republic Kabardino-Balkar, Mr. Magomedov Jamal Ziatdinovich, a 24-year-old builder native of the Republic of Dagestan, Mr. Asadov Dovar Nazimovich, a 25-year-old man native of the Republic of Tajikistan and Mr. Abdullaev Akil Javatkhanovich, a 30-year-old post office employee native of the Republic of Dagestan, went missing.
 
According to the same information received, on 25 September 2010, Mr. Nakkash Khsan and Mr. Alexander Hayidov, along with the other five aforementioned individuals, were returning to their homes in Moscow after attending the Friday service at the mosque located at Novokuznezkaya metro station when they disappeared. They were reportedly driving in two cars, both Mercedes, one with plate number m220mp belonging to Mr. Abdullaev Akil Javatkhanovich and the other one with plate number 350 belonging to Mr. Asadov Dovar Nazimovich. Since that day, the whereabouts of the seven individuals have remained unknown.
 
It is reported that, on 19 November 2010, the Golovinskiy district prosecutor’s office of Moscow eventually opened an investigation into their abduction. However, to date, there has been reportedly no effective investigation carried out. 
 
The International Secretariat of OMCT is gravely concerned about the safety of Messrs. Nakkash Khsan, Alexander Hayidov, Israpilov Magomed Khaybulaevich, Chibiev Zelimkhan Akhmetovich, Magomedov Jamal Ziatdinovich, Asadov Dovar Nazimovich and Abdullaev Akil Javatkhanovich, whose whereabouts remain unknown. OMCT fears that they may have been subjected to enforced disappearance or extrajudicial killing.
 
OMCT urges the authorities to guarantee the physical and psychological integrity of Messrs. Nakkash Khsan, Alexander Hayidov, Israpilov Magomed Khaybulaevich, Chibiev Zelimkhan Akhmetovich, Magomedov Jamal Ziatdinovich, Asadov Dovar Nazimovich and Abdullaev Akil Javatkhanovich, at all times, in accordance with regional and international human rights instruments ratified by the Russian Federation, and in particular articles 2 and 3 of the European Convention on Human Rights.
 
OMCT calls upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the disappearance of Messrs. Nakkash Khsan, Alexander Hayidov, Israpilov Magomed Khaybulaevich, Chibiev Zelimkhan Akhmetovich, Magomedov Jamal Ziatdinovich, Asadov Dovar Nazimovich and Abdullaev Akil Javatkhanovich, in accordance with regional and international human rights standards and the consistent jurisprudence of the European Court of Human Rights inter alia in cases against the Russian Federation, including the case of Bazorkina v. Russia., the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.
 
Background information
 
OMCT had earlier been informed about the disappearance of Mr. Israpilov Magomed Khaybulaevich, Mr. Chibiev Zelimkhan Akhmetovich, Mr. Magomedov Jamal Ziatdinovich, Mr. Asadov Dovar Nazimovich and Mr. Abdullaev Akil Javatkhanovich. All are living in Moscow.
 
According to the information received, the whereabouts of Messrs. Israpilov Magomed Khaybulaevich, Chibiev Zelimkhan Akhmetovich, Magomedov Jamal Ziatdinovich, Asadov Dovar Nazimovich and Abdullaev Akil Javatkhanovich have remained unknown since the morning of 25 September 2010, when they were returning to their respective homes in Moscow after attending the Friday service at the mosque located at Novokuznezkaya metro station.
 
According to the same information, Mr. Israpilov Magomed Khaybulaevich called his wife at about 2am on 25 September 2010 informing her that they were on their way back. The mosque is located at about one hour drive from the district of Balashikha, where Mr. Israpilov Magomed Khaybulaevich and his wife are living. Since then, their respective phones have been unreachable.
 
Mr. Israpilov Magomed Khaybulaevich’s wife has reported their disappearance to the Moscow Prosecutors’ Office and the Moscow City Police Office. She has also contacted hospitals and mortuaries in Moscow but to no avail.
 
It is reported that one year ago, Mr. Israpilov Magomed Khaybulaevich was summoned by the 6th police department of Makhachkala, in the Republic of Dagestan, where the family had been living before moving to Moscow. He reportedly did not say much to his wife about the details of the interrogation only that “there were no problems”. According to the information received, the interrogation might have been linked to his education at the Al-Azhar University in Cairo[2].
 
Action requested
 
Please write to the authorities in the Russian Federation urging them to:
 
i.               Take all necessary measures to immediately locate the whereabouts of Messrs. Nakkash Khsan, Alexander Hayidov, Israpilov Magomed Khaybulaevich, Chibiev Zelimkhan Akhmetovich, Magomedov Jamal Ziatdinovich, Asadov Dovar Nazimovich and Abdullaev Akil Javatkhanovich and to inform their families thereof;
ii.             Guarantee, in all circumstances, the physical and psychological integrity of Messrs. Nakkash Khsan, Alexander Hayidov, Israpilov Magomed Khaybulaevich, Chibiev Zelimkhan Akhmetovich, Magomedov Jamal Ziatdinovich, Asadov Dovar Nazimovich and Abdullaev Akil Javatkhanovich;
iii.            Carry out a prompt, effective, thorough, independent and impartial investigation into the disappearance of Messrs. Nakkash Khsan, Alexander Hayidov, Israpilov Magomed Khaybulaevich, Chibiev Zelimkhan Akhmetovich, Magomedov Jamal Ziatdinovich, Asadov Dovar Nazimovich and Abdullaev Akil Javatkhanovich, the results of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.
iv.           Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.


Addresses
 
Ø            President of the Russian Federation, Dmitry Anatolyevich Medvedev, Kremlin, Moscow, Russia, Fax:+ 7 495 206 5173 / 230 2408, Email: president@gov.ru;
Ø            Prosecutor General of the Russian Federation, Yuri Chayka, 125993, Moskva K-31, Ul. B. Dimitrovka, d 15a, Russian Federation, Fax: + 7 (495)692-17-25;
Ø            Chairwoman of the Presidential Human Rights Commission of the Russian Federation, Ella Pamfilova, 103132 g. Moskva, Staraya ploshchad, d 8/5,pod 3, Russian Federation, Fax: +7 495 20 64 855;
Ø            Russian Federal Ombudsman for Human Rights, Vladimir Lukin, Fax: +7 495 207-74-70;
Ø            Minister of Internal Affairs, Rashid Nurgaliev, ul. Zhitnaya, 16, 117049 Moscow, Russian Federation, Telegram: Rossiia, 117049, Moskva, Fax: + 7 495 237 49 25;
Ø            Permanent Mission of the Russian Federation to the United Nations in Geneva Av. de la Paix 15, CH-1211, Geneva 20, Switzerland, E-mail : mission.russian@ties.itu.int, fax: +41 22 734 40 44;
 
Please also write to the diplomatic representations of the Russian Federation in your respective countries.
***
Geneva, 14 December 2010.
 
Kindly inform OMCT of any action undertaken quoting the code number of this appeal in your reply
 
 
 


[1] Their names could not be ascertained at the time of issuing the first appeal.
[2] See for example OMCT urgent appeals EGY_RUS 170609 and EGY_RUS 170609.1

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Date: December 14, 2010
Activity: Urgent campaigns
Type: Urgent Interventions
Country: Russian Federation
Subjects: Arbitrary arrests and enforced disappearances

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