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

​Case RUS 121010.1Follow-up of case RUS 121010Whereabouts unknown/ Fear for the safety TheInternational Secretariat of the World Organisation Against Torture (OMCT) has received new informationand requests your URGENTintervention in the following situation in the Russian Federation. New information The InternationalSecretariat of OMCT has been informed by the Russian-Chechen Friendship Society (RCFS), a member of OMCTSOS-Torture Network, that two other individuals, namely Mr. Nakkash Khsan, a 24-year-old man nativeof 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 nativeof the Republic Kabardino-Balkar, Mr. MagomedovJamal Ziatdinovich, a 24-year-old builder native of the Republic ofDagestan, Mr. Asadov Dovar Nazimovich,a 25-year-old man native of the Republic of Tajikistan and Mr. Abdullaev Akil Javatkhanovich, a 30-year-oldpost 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 fiveaforementioned individuals, were returning to their homes in Moscow after attending the Friday service at themosque located at Novokuznezkaya metro station when they disappeared. They werereportedly driving in two cars, both Mercedes, one with plate number m220mpbelonging to Mr. Abdullaev Akil Javatkhanovich and the other one with platenumber 350 belonging to Mr. Asadov Dovar Nazimovich. Since that day, thewhereabouts of the seven individuals have remained unknown. It is reported that, on 19 November 2010, the Golovinskiy district prosecutor’soffice of Moscow eventually opened an investigation intotheir abduction. However, to date, there has been reportedly no effectiveinvestigation carried out. The International Secretariat of OMCT is gravelyconcerned about the safety of Messrs. Nakkash Khsan,Alexander Hayidov, Israpilov Magomed Khaybulaevich, Chibiev ZelimkhanAkhmetovich, Magomedov Jamal Ziatdinovich, Asadov Dovar Nazimovich and AbdullaevAkil Javatkhanovich, whose whereabouts remain unknown. OMCT fears that they mayhave been subjected to enforced disappearance or extrajudicial killing. OMCT urges the authorities to guarantee the physicaland psychological integrity of Messrs. Nakkash Khsan,Alexander Hayidov, Israpilov Magomed Khaybulaevich, Chibiev ZelimkhanAkhmetovich, Magomedov Jamal Ziatdinovich, Asadov Dovar Nazimovich and AbdullaevAkil Javatkhanovich, at all times, inaccordance 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 outa prompt, effective, thorough, independent and impartialinvestigation into the disappearance of Messrs.Nakkash Khsan, Alexander Hayidov, Israpilov Magomed Khaybulaevich, ChibievZelimkhan Akhmetovich, Magomedov Jamal Ziatdinovich, Asadov Dovar Nazimovich andAbdullaev Akil Javatkhanovich, in accordance with regional and internationalhuman rights standards and the consistent jurisprudence of the European Courtof Human Rights inter alia in cases against the Russian Federation, includingthe case of Bazorkina v. Russia.,the result of which must be made public, in order to bring those responsiblebefore a competent, independent and impartial tribunal and apply penal, civiland/or administrative sanctions as provided by law. Background information OMCThad earlier been informed about the disappearance ofMr. Israpilov Magomed Khaybulaevich, Mr. Chibiev Zelimkhan Akhmetovich, Mr. MagomedovJamal Ziatdinovich, Mr. Asadov Dovar Nazimovich and Mr. Abdullaev AkilJavatkhanovich. All are living in Moscow. According to the information received, the whereaboutsof Messrs. Israpilov Magomed Khaybulaevich, ChibievZelimkhan Akhmetovich, Magomedov Jamal Ziatdinovich, Asadov Dovar Nazimovich andAbdullaev 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 themosque located at Novokuznezkaya metro station. According to the same information, Mr. IsrapilovMagomed Khaybulaevich called his wife at about 2am on 25 September 2010 informing her that they were on their wayback. The mosque is located at about one hour drive from the district ofBalashikha, where Mr. Israpilov Magomed Khaybulaevich and his wife are living.Since then, their respective phones have been unreachable. Mr. Israpilov Magomed Khaybulaevich’s wife hasreported their disappearance to the Moscow Prosecutors’ Office and the MoscowCity Police Office. She has also contacted hospitals and mortuaries in Moscow butto no avail. It is reported that one year ago, Mr. IsrapilovMagomed Khaybulaevich was summoned by the 6th police department of Makhachkala, in the Republic of Dagestan, where the family had been living beforemoving to Moscow. He reportedly did not say much to hiswife about the details of the interrogation only that “there were no problems”.According to the information received, the interrogation might have been linkedto his education at the Al-Azhar University in Cairo[2]. Action requested Please write to theauthorities in the Russian Federation urging them to: i. Takeall necessary measures to immediately locate the whereabouts of Messrs. Nakkash Khsan, Alexander Hayidov, Israpilov MagomedKhaybulaevich, Chibiev Zelimkhan Akhmetovich, Magomedov Jamal Ziatdinovich, AsadovDovar Nazimovich and Abdullaev Akil Javatkhanovich and to inform their families thereof; ii. Guarantee, in all circumstances, the physical andpsychological integrity of Messrs. Nakkash Khsan, Alexander Hayidov, Israpilov Magomed Khaybulaevich,Chibiev Zelimkhan Akhmetovich, Magomedov Jamal Ziatdinovich, Asadov DovarNazimovich and Abdullaev Akil Javatkhanovich;iii. Carry out a prompt, effective, thorough, independentand impartial investigation into the disappearance of Messrs. Nakkash Khsan, Alexander Hayidov, IsrapilovMagomed Khaybulaevich, Chibiev Zelimkhan Akhmetovich, Magomedov Jamal Ziatdinovich,Asadov Dovar Nazimovich and Abdullaev Akil Javatkhanovich, the results ofwhich must be made public, in order to bring those responsible before acompetent, independent and impartial tribunal and apply penal, civil and/oradministrative sanctions as provided by law.iv. Ensure the respect ofhuman rights and fundamental freedoms throughout the country in accordance withnational 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 RightsCommission of the Russian Federation, Ella Pamfilova, 103132 g. Moskva, Staraya ploshchad,d 8/5,pod 3, Russian Federation, Fax: +7495 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 Federationto 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 thediplomatic representations of the Russian Federation in your respective countries.***Geneva, 14 December 2010. Kindly inform OMCT of any action undertakenquoting the code number of this appeal in your reply
[1] Their names could not be ascertained at the time of issuing thefirst appeal. [2] See for example OMCT urgent appeals EGY_RUS 170609 and EGY_RUS170609.1