Disappearance of Messrs. Ali Dzhaniev, Magomed Adzhiev, Yusup Dobriev and Yunus Dobriev, all four relatives of Ms. Fatima Dzhanieva, widow of the well-known activist from Ingushetia, Mr. Maksharip Aushev

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the Russian Federation.

Brief description of the situation

The International Secretariat of OMCT has been informed by the Russian-Chechen Friendship Society (RCFS), a member of OMCT SOS-Torture Network, about the disappearance of Messrs. Ali Dzhaniev, Magomed Adzhiev, Yusup Dobriev and Yunus Dobriev, all four relatives of Ms. Fatima Dzhanieva[1], widow of the well-known activist from Ingushetia, Mr. Maksharip Aushev, killed on 25 October 2009, in the Republic of Kabardino-Balkaria[2].

According to the information received, the whereabouts of Messrs. Ali Dzhaniev, Yusup Dobriev, Yunus Dobriev and Magomed Adzhiev have remained unknown since around midnight on 28 December 2009, when, after having left Ms. Fatima Dzhanieva at the house of their relatives in Vasilevksiy, in St. Petersburg, they drove back by car (VAZ 21099 registration number M2730S 98th Region) to their hostel in “Pionerskaya” district. They reportedly never reached their destination. Their relatives have since then tried to call them on their respective cell phones, but to no avail. Their cell phones have been reportedly switched off.

According to the same information, their relatives have reported their disappearance to several police departments in St. Petersburg. The Federal Security Service (FSB) would now be in charge of the investigation. To date, no information has been reportedly communicated thereon.

Ms. Fatima Dzhanieva, along with her uncles and cousins, went to St. Petersburg in order to undergo medical treatment following the still unexplained car explosion which occurred in Nazran, in Ingushetia, on 16 December 2009. The explosion killed Ms. Fatima Dzhanieva’s mother and two of her brothers, and left her severely injured. This event followed the killing of her late husband, Mr. Maksharip Aushev, in October 2009.

The International Secretariat of OMCT is gravely concerned about the safety of Messrs. Ali Dzhaniev, Yusup Dobriev, Yunus Dobriev and Magomed Adzhiev, 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. Ali Dzhaniev, Yusup Dobriev, Yunus Dobriev and Magomed Adzhiev and their families, including Ms. Fatima Dzhanieva, 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. Ali Dzhaniev, Yusup Dobriev, Yunus Dobriev and Magomed Adzhiev, 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.

Action requested

Please write to the authorities in the Russian Federation urging them to:

1. Take all necessary measures to immediately locate the whereabouts of Messrs. Ali Dzhaniev, Yusup Dobriev, Yunus Dobriev and Magomed Adzhiev;
2. Guarantee, in all circumstances, the physical and psychological integrity of Messrs. Ali Dzhaniev, Yusup Dobriev, Yunus Dobriev and Magomed Adzhiev as well as of their respective families, including Ms. Fatima Dzhanieva;
3. Carry out a prompt, effective, thorough, independent and impartial investigation into the disappearance of Messrs. Ali Dzhaniev, Yusup Dobriev, Yunus Dobriev and Magomed Adzhiev, 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.

Addresses

• President of the Russian Federation, Dmitry Anatolyevich Medvedev, Kremlin, Moscow, Russia, Fax:+ 7 495 206 5173 / 230 2408, Email: president@gov.ru;
• 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;
• 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;
• Russian Federal Ombudsman for Human Rights, Vladimir Lukin, Fax: +7 495 207-74-70;
• Minister of Internal Affairs, Rashid Nurgaliev, ul. Zhitnaya, 16, 117049 Moscow, Russian Federation, Telegram: Rossiia, 117049, Moskva, Fax: + 7 495 237 49 25;
• Prosecutor of St. Petersburg, Mr. Sergey Zaytsev, St. Petersburg, Issakievskaja Square 9/2, 190000, St. Petersburg;
• 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, 21 January 2010

Kindly inform OMCT of any action undertaken quoting the code number of this appeal in your reply

[1] Mr. Ali Dzhaniev and Mr. Magomed Adzhiev are the cousins of Ms. Famita Dzhanieva, while Mr. Yusup Dobriev and Mr. Yunus Dobriev are her uncles.

[2] See OMCT- FIDH press release “Well-known activist from Ingushetia killed”, diffused on 29 October 2009.