Strasbourg appeal on the case of Beslan weighs 43 kilograms

Victims of terrorist acts to seek the truth in 127 Russian courts.
novayagazeta.ru | 08/31/2012

In late September 2004, "Novaya Gazeta" has opened a news bureau in Beslan. Two years, passing as the baton, the keys to a rented one-room apartment, a journalist Beslan were chronicled. So we break the information blockade state. Barely four months after the attack. In the New Year, the last in 2004 issue of "New" – a terrible report of Anna Politkovskaya. In his New Year address by President Putin Beslan – words.

– But we know what will happen after the Beslan – said Politkovskaya.

We sat in the kitchen of our bureau. And she began to talk about the "Nord-Ost". Or rather, that was after.

And after all it was a consequence of a prolonged and complete inaccessibility of justice for the former hostages and relatives of the victims. The plot of the state against the victims of terrorism. That’s what it’s called. In December 2004, after a meeting with tea warming mothers at school № 1, Politkovskaya said exactly that. By the time Anna Stepanovna written dozens of articles about the fruitless nordostovtsev achieve the truth. And we decided to warn people about what to expect after Beslan. Do something like saperskogo briefing: what mines laid in their path state machine and how to avoid global errors.

Now I realize how much we were naive, believing that you can compete with the system, the experience of past tragedies.

But in December of 2004 and January of 2005, in Beslan still buried the dead in the attack children. 186 children! And it was impossible to imagine that these people still have long way in 127 courts.

It was the long march for justice in Russia and the most sorrowful.

8 years.

50 Russian judges, including 38 North Ossetian. Judges of the Supreme Court and the Constitutional Court Chairman personally RF Zorkin. All (!) Ruled against the Beslan victims.

Weighed 43 kilograms packet of petitions Beslan terrorist attack victims, and responses by the State in the form of dishonest judicial decisions. This parcel victims sent to Strasbourg. In late September, the court shall decide on the admissibility of the complaint.

And they wrote a book of judgment. Svetlana Margieva Jeanne Tsirihova, Emilia Bzarova, Annette Misikov Emma Tagayev, Nona Tigiev, Ella Kesayeva, Valery Nazarov and Vladimir Kisiev describe all court flour victims. And called his book is very simple. And it’s very accurate.

ROAD TO TRUTH. Beslan and the Russian judiciary.

First Circle. Court Kulayev

Since May 16, 2005 to February 9, 2006 in the Supreme Court of North Ossetia tried Nurpashi Kulayev, the sole survivor of the assault on the first Beslan school terrorist.

Beslan victims were able to turn this trial into a detailed investigation of all the circumstances of the attack and the death of the hostages. Version of the investigation and trial – all the fault of the terrorists in the face of one Kulayev – absolutely not happy with the people of Beslan. They insisted: Terrorists are not responsible for not having prevented a terrorist act of ignorance of negotiations for the assault, which killed a hostage. And most importantly – September 3, 2004 gym in 1128 blew the hostages are not terrorists. Who gave the order to fire at the school with flamethrowers, rocket launchers and tanks?

In an attempt to get an answer to this question only of the "Voice of Beslan" filed 26 petitions. Including of summons FSB generals – Pronichev, Anisimova and Tikhonov, who actually led military operation to destroy the terrorists. And along with them – taking.

It is these security forces led to surgery to destroy the terrorists who seized the theater on Dubrovka. 130 hostages were killed, most of them gassed.

The last two months of each court session on Kulaev began, rose Ella Kesayeva and reads her petition to call on the FSB generals questioning. This petition is learned by heart.

Judge Aguzarov – Chairman of the Supreme Court of North Ossetia – repeatedly denied Kesaevoy to call key witnesses: Generals Pronichev, Anisimova and Tikhonov.

February 9, despite the objections of the victims, Aguzarov stopped the trial of Kulayev and appointed debate. In protest, the victims took the court building. Mother of "Voice of Beslan" conducted 11-day hunger strike. Presidential envoy to the Southern Federal District Dmitry Kozak responded to the hunger strike as follows: "Women do not know what they want."

May 16, 2006 the Supreme Court of North Ossetia-Alania Kulayev sentenced to life imprisonment. The victims appealed at the Court of gross violation of their rights. They demanded to return the case for retrial.

September 23, 2007 Judge of the Supreme Court of Russia VV Doroshenko considered the supervising complaint of the victims. The victims in the complaint wrote, "the Court at sentencing N. Kulaev not considered actual circumstances of the Beslan terrorist attack, established during the trial …"

In the ruling, Judge refusal Doroshenko said the victims’ actual circumstances … are not grounds for overturning a verdict. "

The Second Circle. The trial of Beslan police

March 16, 2006 in the District Court on the Right Bank of the Republic of North Ossetia-Alania, began consideration of the criminal case against the head of ATS Right Bank district of North Ossetia-Alania, MS Aidarova, his deputy TB Murtazov and Chief of Staff of the district department of GG Dryaev. They were accused of having committed crimes under Part 2 of Art. 293 of the Criminal Code ("bathrobe actions that contributed to the terrorist attack"). Led the trial judge federal district of the Right Bank of Beslan Besolov VG

During the trial of the "Voice of Beslan" filed 74 petitions. 70 applications were rejected. The court did not invite any of the official and security officials at the federal level, were part of the operational headquarters to rescue the hostages.

May 29, 2007 The right-bank district court of the Republic of North Ossetia-Alania was ordered to close the criminal case against MS Aidarova, TB Murtazov and GG Dryaev using the amnesty to extend to them as participants in the anti-terrorist operation in Beslan. (Decision of the State Duma of the Amnesty Act of September 22, 2006, "committed crimes during the counter-terrorist operations in the Russian regions, located in the Southern Federal District, subject to amnesty …")

Judge Besolov VG ordered an amnesty in the empty courtroom. Secretly. All alone, without even the accused and the victims. The Amnesty Act victims received in the mail. Civil claims of victims for moral and material damages to the Interior Ministry Judge Besolov left unconsidered.

September 19, 2007 a ​​judge of the Supreme Court of North Ossetia-Alania Balikoevym SD was considered supervising complaint of the victims in the case against the police. The decision to refuse written: "The defendants and the defendants did not insist on questioning witnesses who have been declared victims. In addition, the act of amnesty is not exonerating the base and does not exempt from the compensation of damages, without prejudice to the rights of victims in the established order to seek redress. "

The terms of the third. The Story of a civil action

More than a year in the case of the victims of the terrorist act in Beslan were trying to file claims for compensation for moral and material damages to the pardoned convicts and employees of the Right Bank district police and the Interior Ministry. Nine months of the judge pushes each other 127 Beslan residents signed a complaint.

The first lawsuit was filed November 1, 2007. It was left without movement. Reason: to the claim "is not accompanied by proof of the fact of being held hostage by the plaintiffs, and the documents to prove this relationship with the plaintiffs of the hostages …".

Ten times the victims file a bill, until, finally, October 29, 2008 Lenin District Court Judge Panayotidi IV has not made ​​a determination of acceptance of the claim and prepare the case for trial. Dec. 10, 2008 , the judge ruled that the decision to abandon the claim victim’s claim. Motivation: A new federal law "On Combating Terrorism", adopted in 2006 (there was a terrorist attack in Beslan in 2004), provides for indemnification tortfeasor. That is terrorism. "Accordingly, the claims against the Ministry of Interior are unfounded." August 28, 2009 Judge of the Supreme Court of Hetman ES confirmed: "The bodies of internal affairs can not be required to compensate for moral damage <MVD officers for negligence, contributed to the terrorist attack>. Arguments complaint based on an incorrect interpretation of the law … "

The terms of the fourth. The trial of the Ingush policemen

May 30, 2007 Supreme Court of Ingushetia started a lawsuit against members of the police department Malgobek district of Ingushetia Yevloyev MN and Kotiyev AM, accused of a crime provided for Cc 2 and 3 tbsp. 293 of the Criminal Code (not found Beslan terrorist camp in Ingushetia). The trial led Chief Justice RI Gazdiyev IB

"Voice of Beslan" filed 22 motions: to call witnesses, the transfer of the trial to the end point of the crime – in the town of Beslan, to summon officials of the military unit, which, as it turned out at the hearing that part of the Malgobek guarded the forest, where, according to the investigation, preparing a terrorist attack. All were rejected.

October 5, 2007 Supreme Court of RI jury rendered a verdict of acquittal in respect of staff Malgobek district police station in connection with the "lack of evidence". Thus, a sentence on Ingush police found that the forest in the Malgobek no terrorist camps were not. November 3, 2007 has been filed by victims appeal to the Supreme Court the acquittal of the Supreme Court of Ingushetia. Signed complaint 105 people. In the appeal the victims again raised the question of the place of dislocation camps of militants. According to testimony received during the trial of the Ingush policemen, the location of militants in the period from 26 to 31 August 2004 was not defined. It is this fact influenced the acquittal of the accused.

March 6, 2008 Supreme Court Yermilova VM Borisov VP Peysikovoy EV dismissed the complaint with the motivation: "The sentence decreed right."

After the verdict Ingush policemen stood in the Presidium of the Supreme Court, the victims appealed to the Committee at the Prosecutor General’s Office with a request to conduct a new investigation and detection of the true locations of the camps of militants. In response to a petition followed formal replies. Most of the case on the Beslan terrorist act so still and appears Malgobek forest.

The investigation of the eternal circle

For the period from 20 December 2005 to September 1, 2008 "Voice of Beslan", along with other victims to prosecutors filed 260 petitions. The vast majority of them was refused.

March 19, 2007 victims, in the order of Art. 125 of the Code, filed in the Leninsky district court , the Vladikavkaz complaint on violations committed in consequence of the investigation of the criminal case number 20/849 (also known as "ground", the preliminary investigation of it continues to this day.) The basis of the complaint – 132 petition victims, including a statement to the Prosecutor General. Victims are required to bring criminal charges by 14 officers (officers and security officials, who failed to prevent the tragedy.) Prosecutors responded to them: "there is no crime."

May 10, 2007 the Leninsky District Court , the Vladikavkaz, North Ossetia-Alania was ordered to dismiss the complaint of the victims. Answers to all 132 prosecutors petition the court found correct, and "the acts complained of the preliminary investigation – legal".

In this case, any documents from the investigation file was not requested by the court.

September 23, 2007 victims have filed a new complaint against the actions (inaction) of the investigative group. Now they are trying to challenge the 22 abandoned application for recognition of irregularities in the conduct forensic examinations of the hostages. Also complained about the lack of research of ballistic weapons found in the first school, and used during the assault, bullets and fragments recovered from the bodies of the dead hostages. In court (again denied prosecutors) tried to knock up for victims of complex examination to establish the nature of the first explosions in the Beslan school gymnasium.

October 23, 2007 a ​​judge of the Industrial District Court in Vladikavkaz Tedeeva IA victim refused. The actions of the investigative group, and this time was accepted as legitimate, "violations that affect the victims, limiting their access to justice is not established."

Again, the court does not reclaim and have not studied any instrument of the criminal case.

December 23, 2008 a judge of the Supreme Court Peysikova EV ruled to dismiss the supervisory review of victims at the trial court: "The trial court carefully examined the submissions of the case, came to the reasonable conclusion that all applications victims considered on their merits and the decision of the body of the preliminary investigation is legitimate. "

November 26, 2008 victims again complained to the Industrial Court in Vladikavkaz on actions (inaction) of the investigation team that chose not to investigate the legality of refusing to negotiate with terrorists. Among the requirements were put forward including nonpolitical ( in particular, the militants demanded the school to call the meeting of presidents Ossetia and Ingushetia Dzasokhov and Zyazikov Presidential Aide Aslakhanov. guarantee the integrity and promised to release for each of the 150 children negotiators hostages – approx. E m. ) But December 10, 2008 District Court Judge of the Industrial city of Vladikavkaz Gazaeva FC refused to victims and emphasized in its ruling: "by the head of the operational headquarters for the counter-terrorist operation, as well as description of telephone conversations of terrorists negotiators are confidential materials criminal case in connection with which to provide the requested materials of the criminal case is not possible. Violations, the rights and freedoms provided by the Constitution of the Russian Federation that affect the victims, limiting their access to justice, the court is not established. "

July 27, 2010 victims once again turned to the Leninsky District Court in Vladikavkaz. This time, they challenged the actions of investigators, who refused to investigate the use of special forces weapons of indiscriminate destruction (flame throwers, grenade launchers, anti-tank) during the assault of the first school.

August 10, 2010 a federal judge AE Gurevich Lenin district court , with prosecutors Department for Supervision of operational search and process management activities of the General Prosecutor of the Russian Federation in the North Caucasus Federal District, Vladimir Prikhodchenko Shvetsov and IV, ruled: "The arguments of the victims are unfounded, and taken on the case without prejudice to their rights and not to impede their access to justice …"

Constitutional court

September 15, 2008 victims filed a complaint with the Constitutional Court of the Russian Federation on the lack of part 2 of article. 14 of the Federal Law "On Combating Terrorism" Articles 2, 3, Part 1, Art. 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, art. 20 of the Constitution.

"Terrorists have put forward a number of requirements, among them political demand: the withdrawal of troops from Chechnya. To negotiate operational headquarters refused. According to Art. 14 of the Federal Law "On Combating Terrorism", the implementation of the political demands of terrorists should not be considered. Head GS Andreev VA at the hearing confirmed that the political demands were not considered. However, it is not considered staff and non-political demands of the terrorists. We believe that the Federal Law "On Combating Terrorism" came into conflict with the Constitution, which guarantees the right to life of all Russian citizens, including those who got a hostage … "

February 19, 2009 the Constitutional Court of the Russian Federation in the VD Zorkin, NS Cooper, GA Hajiyev, JM Daniel, L. Zharkova, GA Zilina, SM Kazantsev, MI Kleandrova, SD Knyazev, LO Krasavchikov, SP Mavrina NV Melnikova, JD Rudkin, NV Seleznev, A. Plums, VG Strekozova, DC Khokhriakova, VG Yaroslavtseva ruled that the refusal to consider an appeal: "The balance of constitutional values ​​when making a decision about the negotiations can not be identified by legal means."

BY TEXT

* From the authors:

To date, though not recognized. Beslan tragedy try to forget, to erase the memory of the innocent victims of all available methods. Beslan terrorist attack – it is a shame not only for the generals, but for all of us. We, adults, parents and relatives, admitted killing our children. Therefore, since the tragedy not to any of us rest, because the truth does not want to admit, because the killer on the loose. The road to truth is very heavy. Faced with a system of tyranny, having more than a hundred courts in search of justice, we made sure that we and our children are deprived of their basic rights in the country and there is no way to restore them. Sometimes it is easier and easier not to be and not see all the meanness and indifference with respect to the memory of the now deceased, to the place of death, to the parents of the victims, the survivors. However, we do not choose their own destiny. But free and required to choose their attitude to the Beslan tragedy, to the truth and to those who contributed to the death of our loved ones.

To prevent forget, and to prevent another tragedy.

* From the book ROAD TO TRUTH. Beslan and the Russian judiciary.

Uncorrected translation by Ralph Davis. See the original in Russian:
http://www.novayagazeta.ru/inquests/54217.html

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