Detention and mistreatment of a Russian National in Chechnya

Facts

The author is a Russian national who submitted the communication on her behalf and on behalf of her brother, another Russian national. She claimed that the state party violated her rights under article 7, and her brother’s rights under articles 6, 9 (1) and (5) of the Covenant.

The authors brother was arrested by Russian military officers in Grozny, Chechen Republic in January 1995. The author was informed later that year that her brother was being held at a jail in Stavropol, however was later informed in 2000 that he was not held at that facility. The author filed to begin criminal proceedings however was informed that this was time barred. Subsequent appeals were denied.

Complaint

The author alleges that her brother has been subjected to enforced disappearance and has been murdered by the Russian authorities, in violation of article 6(1) of the Covenant. The author further alleges that his abduction is in violation of article 9, and further that she has been subjected to treatment contrary to article 7 as the result of their administrative delay to proceedings.

Merits

In considering evidence of detention of Mr. Magomadov in the hands of the State party authorities, and in the absence of an explanation of the lack of a proper investigation by the authorities, the Committee concluded that the State party violated its obligations under article 6(1), read alone and in conjunction with article 2(3), of the Covenant. Further, on this basis, the Committee considered that Mr. Shamsy Magomadov’s rights under article 9(1) of the Covenant were also violated.

Owing to the anguish and mental stress caused to the author, as the sister of the disappeared person compounded by the refusal of the State party to acknowledge the detention of Mr. Magomadov or to investigate his actual whereabouts, the Committee further considered that it amounts to inhuman treatment of the author, in violation of article 7 of the Covenant.

Recommendations

Pursuant to article 2(3) (a) of the Covenant, the State party is under an obligation to provide the authors with an effective remedy, including making full reparation to individuals whose Covenant rights have been violated. Accordingly, the State party is obligated to:

• take appropriate steps to: conduct a thorough, prompt and impartial investigation into Mr. Magomadov’s disappearance and his actual whereabouts.
• provide the authors with adequate compensation.
• take all steps necessary to prevent similar violations from occurring in the future.
• publish the present views of the Committee in the official language of the state party.

Implementation

The Committee requested that the state party provide an update outlining measures taken to give effect to the Committee's views within 180 days, or prior to 19 September 2019.