Serious concerns about the fate of Messrs. Ali Dzhaniev, Magomed Adzhiev, Yusup Dobriev and Yunus Dobriev, more than two months after they disappeared

Fax: + 7 495 206 5173 / 230 2408
Email: president@gov.ru

Geneva, 2nd March 2010

Re: Serious concerns about the fate of Messrs. Ali Dzhaniev, Magomed Adzhiev, Yusup Dobriev and Yunus Dobriev

Your Excellency,

The World Organisation Against Torture (OMCT), the largest network of NGOs fighting against torture, summary executions, enforced disappearances and all other cruel, inhuman or degrading treatment or punishment in the world, is writing to you to express its serious concern about the fate 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]. Two months after their disappearance on 28 December 2009, their whereabouts remain unknown and the police have so far failed to make any inquiry findings public.

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.

Messrs. Ali Dzhaniev, Yusup Dobriev, Yunus Dobriev and Magomed Adzhiev’s relatives have reported the disappearance to several police departments in St. Petersburg, following which the Federal Security Service (FSB) reportedly launched an investigation. However, to date, no information has been communicated thereon, except that the car, which the abovementioned four individuals were driving, was recently found abandoned. Their relatives have reportedly obtained a video footage of a surveillance camera located nearby the place where the car was found. The footage allegedly shows approximately eight cars chasing and blocking the car of Messrs. Ali Dzhaniev, Yusup Dobriev, Yunus Dobriev and Magomed Adzhiev, among which their relatives identified two cars that have allegedly started following them since the four individuals disappeared. According to the same information received, the relatives gave the video footage to the investigation team but this latter refused to take it into account.

OMCT is particularly concerned about the disappearance of Messrs. Ali Dzhaniev, Magomed Adzhiev, Yusup Dobriev and Yunus Dobriev since it occurred shortly after Mr. Maksharip Aushev’s killing in October 2009 and the unexplained car explosion which happened in Nazran, in Ingushetia, on 16 December 2009, during which Ms. Fatima Dzhanieva’s mother and two of her brothers died. OMCT recalls that Ms. Fatima Dzhanieva, along with her uncles and cousins, went to St. Petersburg in order to undergo medical treatment following the injuries she sustained during the abovementioned car explosion.

The International Secretariat of OMCT is gravely concerned about the safety of Messrs. Ali Dzhaniev, Yusup Dobriev, Yunus Dobriev and Magomed Adzhiev and fears that they may have been subjected to enforced disappearance or extrajudicial killing.

Accordingly, OMCT urges you, Your Excellency, to ensure that the competent authorities 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.

We hope that the concerns expressed in this letter will receive the attention they deserve and we would welcome your prompt response on these matters.

Yours sincerely

Eric Sottas
Secretary General
OMCT

Copy:

• Prosecutor General of the Russian Federation, Yuri Chayka, Fax: + 7 (495)692-17-25;
• Chairwoman of the Presidential Human Rights Commission of the Russian Federation, Ella Pamfilova, Fax: +7 495 20 64 855;
• Russian Federal Ombudsman for Human Rights, Vladimir Lukin, Fax: +7 495 207-74-70;
• Permanent Mission of the Russian Federation to the United Nations in Geneva, E-mail: mission.russian@ties.itu.int, fax: +41 22 734 40 44;

[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.