"Memorial" HRC: a criminal case is being framed against Chechen resident M. Mukhaev

The human rights centre "Memorial" reports that a criminal case is continued to be framed against Mekhti Mukhaev, family member of an applicant to the European Court on Human Rights. The "Memorial" HRC reported previously that Mekhti Mukhaev, family member of applicants to the Strasbourg court, was unlawfully detained and subjected to torture in order to falsify a criminal case against him. Mekhti Mukhaev, born in 1958, is a resident of the mountainous village of Zumsoi, Itum-Kalin district in Chechnya.

Mukhaev was kidnapped by armed people wearing masks during the night of December 30, 2005 in Chechnya on the basis of the evidence given by an Isa Gamaev. Gamaev, detained earlier, claimed that Mukhaev was a member of armed units of the CHRI. On February 1, 2006, Isa Gamaev sent a statement to the "Memorial" HRC in which he asserts that he slandered Mukhaev in the course of brutal torture and that, in effect, Mukhaev is not guilty. Nevertheless, on February 8, Mukhaev was accused under article 209 of RF CC "banditism" (entails punishment in the form of 8 to 15 years of imprisonment).

On December 31, the second day of Mekhti Mukhaev's detention, his relatives managed to find out via unofficial channels that he had been brought to the Urus-Martan district on the same night, where the judge of the Urus-Martan district court sentenced him to a 15-day arrest for "disorderly conduct" under a far-fetched pretext.

Mukhaev had been brutally beaten and tortured for eleven days at Shatoi district police department. They showed him photographs of people he had never met and wanted him to recognize them. Mukhaev recognized no one. On the twelfth day, he was transferred to ORB-2 in Grozny where Mukhaev's situation still worsened. As a result of torture he was subjected to in one of the offices of the establishment, he lost consciousness for a day. They threatened Mukhaev that, unless he confessed, he would "disappear." When Mukhaev came he was inspected by a doctor who oiled his sores, wounds, scratches and bruises to make them less visible.

On January 20, 2006, a lawyer hired upon consultations with the "Memorial" HRC was allowed to visit Mukhaev. The defendant could hardly walk, could not bear long sitting, had trouble with breathing and hearing, complained of swollen legs, acute headache, pain in kidneys and lungs, had a bruise on his nose and haematomas on his body. The visible traces of beating were registered in Mukhaev's medical card when he was placed in the pre-trial prison No 2.

On February 1, Gamaev and Mukhaev were again transferred from the pre-trial prison in Grozny to ORB-2 without informing their lawyers. At ORB-2, Mukhaev was first inspected by the doctor and then they started to beat him by fists, legs and a chair demanding that he should not change the evidence he had given initially. Gamaev was not beaten. They "gently" advised him not to aggravate his situation and not to go back on his initial testimony.

Mukhaev's lawyer found out his location on February 2. Representatives of Amnesty International, International Helsinki Federation and "Memorial" HRC phoned to ORB-2. They expressed their concern about unlawful treatment to which Mukhaev might be subjected at ORB-2, as had happened previously. By the end of the day, Mukhaev and Gamaev were returned back to the pre-trial prison. The pre-trial prison doctors registered a 6 cm long haematoma on the right-hand shoulder blade of Mukhaev's body which had appeared during his stay at the ORB-2, and his "complaints of an ache in his heart."

On the same day, I. Gamaev sent his statement to the "Memorial" HRC in which he gave details of torture and humiliation he had been subjected to in Nalchik and on the territory of Khankala Russian military base. As a result of the torture Gamaev slandered Mukhaev and himself. Similar statements were sent by Gamaev to the ChR prosecutor's office, Lukin, ombudsman under the RF President, and Svetlana Gannushkina, member of the expert council under the RF President.

As Gamaev's lawyer informs the "Memorial," his defendant complained that, prior to the confrontation he had been "threatened with improper treatment" (i.e., rape - "Memorial") if he withdrew his testimony, and that an ORB-2 officer was present in the capacity of an escort during the confrontation, which, undoubtedly, proved to be a threatening factor.

The "Memorial" is sure that, following the Gamaev's statement to the effect that his testimony incriminating Mukhaev was given under torture and is not true, continued criminal prosecution of Mekhti Mukhaev, family member of the applicant to the Strasbourg Court is nothing but a direct attempt to frame a criminal case, possibly, aiming at exerting pressure on his family. We call on the Russian and international organizations to closely monitor this development and send their inquiries to the ChR and RF prosecutor's offices.

On January 15-16, 2005, the village of Zumsoi in Chechnya was shelled with missiles. Following that, commandos landed on helicopters and illegally detained Vakha Mukhaev, Mekhti Mukhaev's brother, Atabi Mukhaev, sixteen-year-old son of Vakha, and two other residents of the village - Shakhran Nasipov and Magomed-Imin Ibishev. The detained persons were placed in the helicopters and taken away with a promise to let them go by the evening. However, all the four men disappeared and, as of February 13, 2006, their location is not known. In August 2005, the Mukhaevs, assisted by the "Memorial" HRC, filed a complaint to the European Court on Human Rights. The complaint was registered and will be considered in a priority order in conformance with article 41.