Preliminary objection rejected (non-exhaustion of domestic remedies);Violations of Art. 2;Violation of Art. 13;Pecuniary damage - financial award;Non-pecuniary damage - financial award;Costs and expenses partial award - Convention proceedings

The applicant was born in DATE and is a resident of ORG , ORG district , GPE .

The facts surrounding the bombardment of ORG and the ensuing investigation were partially disputed . The ORG therefore asked the ORG to produce copies of the entire investigation file in relation to the bombardment and the civilian casualties . The ORG also asked the applicant to produce additional documentary evidence in support of her allegations .

The parties ' submissions on the facts concerning the circumstances of the attack are set out in Sections CARDINAL and CARDINAL below . A description of the materials submitted to ORG is contained in Part B.

NORP In autumn DATE NORP federal military forces launched operations in GPE . In DATE rebel fighters ( “ boyeviki ” ) were blocked by the advancing federal forces in ORG , where fierce fighting took place .

The applicant submits that at DATE a special operation was planned and executed by the federal military commanders in order to entice the rebel forces from ORG . Within that plan , the fighters were led to believe that a safe exit would be possible out of PERSON towards the mountains in the south of the republic . Money was paid by the fighters to the military for information about the exit and for the safe passage . TIME on CARDINAL DATE the fighters left the besieged city and moved south . They were allowed to leave the city . However , once they had left the city they were caught in minefields and the artillery and air force bombarded them along the route .

The applicant referred to the published memoirs of Major - General PERSON and to the interview with ORG , the commanders of the operation , concerning its details ( see § § CARDINAL - CARDINAL below ) .

A significant group of NORP fighters – ranging from QUANTITY persons - entered the village of ORG early on TIME CARDINAL February CARDINAL . According to the applicant , the arrival of the fighters in the village was totally unexpected and the villagers were not warned in advance of the ensuing fighting or about safe exit routes .

The applicant submitted that the population of ORG at the relevant time was CARDINAL persons , including local residents and internally displaced persons ( IDPs ) from elsewhere in GPE . She also submitted that their village had been declared a “ safe zone ” , which attracted people fleeing from fighting taking place in other districts of GPE .

The applicant submitted that the bombing started suddenly in TIME of CARDINAL February CARDINAL . The applicant and her family hid in the cellar of their house . When the shelling subsided at TIME the applicant and her family went outside and saw that other residents of the village were packing their belongings and leaving , because the military had apparently granted safe passage to the village 's residents . The applicant and her family , together with their neighbours , entered a PERSON minibus and drove along PERSON road , heading out of the village . While they were on the road , the planes reappeared , descended and bombed cars on the road . This occurred at TIME

The applicant 's son , PERSON ( aged DATE ) was hit by shrapnel and died within TIME . CARDINAL other persons in the vehicle were also wounded . During the same attack the applicant 's QUANTITY nieces were killed : PERSON ( aged DATE ) , PERSON ( aged CARDINAL ) and PERSON ( also spelled PERSON ) Batayeva ( aged DATE ) . The applicant also submitted that her nephew , PERSON , was wounded on DATE and became handicapped as a result .

The applicant submitted that the bombardment was indiscriminate and that the military used heavy and indiscriminate weapons , such as heavy aviation bombs and multiple rocket launchers . In total , the applicant submits CARDINAL people were killed in the village during the bombing , many of whom were displaced persons from elsewhere in GPE .

The applicant and the wounded members of her family were later taken by a relative to the town of ORG . They were afraid to return to ORG , and had to bury the applicant 's son in ORG .

NORP The applicant claims that when they were allowed to return to the village some time later , she found her house looted and destroyed . Their car was burnt in the garage .

The applicant stated that no safe exit routes had been provided for the village residents before or after the bombardment started . Those who managed to get out under fire and reach the military road - block were detained there for some time .

According to the ORG , at DATE a large group of NORP fighters , headed by the field commander PERSON and numbering over CARDINAL persons forced their way south after leaving PERSON . On TIME they captured LOC . The fighters were well - trained and equipped with various large - calibre firearms , grenade- and mine - launchers , snipers ' guns and armoured vehicles . Some of the population of ORG had already left by that time , whilst others were hiding in their houses . The fighters seized stone and brick houses in the village and converted them into fortified defence points . The fighters used the population of ORG as a human shield .

Early in the morning of CARDINAL February CARDINAL a detachment of special forces from ORG was ordered to enter ORG because information had been received about the fighters ' presence in the village . The detachment entered the village , but after passing the second line of houses they were attacked by the fighters , who offered fierce resistance using all kinds of weapons . The unit sustained casualties and had to return to its positions .

The federal troops gave the fighters an opportunity to surrender , which they rejected . A safe passage was offered to the residents of ORG . In order to convey the information about safe exit routes , the military authorities informed the head of the village administration . They also used a mobile broadcasting station which entered the village and a NORP helicopter equipped with loudspeakers . In order to ensure order amongst the civilians leaving the village , CARDINAL roadblocks were established at the exits from the village . However , the fighters prevented many people from leaving the village .

Once the residents had left , the federal forces called on the air force and the artillery to strike at the village . The designation of targets was based on incoming intelligence information . The military operation lasted until DATE . The Government submitted that some residents remained in ORG because the fighters did not allow them to leave . This led to significant civilian casualties - CARDINAL civilians were killed , including PERSON , PERSON , PERSON and PERSON , and CARDINAL were wounded .

According to the ORG 's observations on the admissibility of the complaint , CARDINAL federal servicemen were killed and CARDINAL were wounded during the assault on ORG . The ORG also submitted that , as a result of the military operation , over CARDINAL fighters were killed and over CARDINAL injured . No information about combatant casualties on either side was contained in their observations on the merits . The criminal investigation file reviewed by the ORG similarly contains no information on non - civilian casualties .

The events at DATE were reported in the NORP and international media and in NGO reports . Some of the reports spoke of serious civilian casualties in GPE - Yurt and other villages during the military operation at DATE .

On DATE the civil registration office in GPE , GPE , issued death certificate no . CARDINAL certifying the death of PERSON , aged DATE , on DATE in Achkhoy - Martan from numerous shrapnel wounds to the chest and heart area . On DATE the registration office issued the following death certificates : no . CARDINAL , for PERSON , who had died on DATE in Achkhoy - Martan from shrapnel wounds to the body , face and right hip ; no . CARDINAL , for PERSON , who had died on DATE in Achkhoy - Martan from shrapnel wounds to the body , face and right hip ; no . CARDINAL for PERSON , who had died on DATE in Achkhoy - Martan from numerous shrapnel wounds to the head and body .

On DATE the military prosecutor of military unit no . CARDINAL replied to the NGO Memorial 's enquiry about a criminal investigation . The letter stated that a prosecutor 's review had been conducted following the publication on DATE in the ORG newspaper of article entitled “ CARDINAL Civilians Dead in GPE of GPE - Yurt ” . The review established that CARDINAL a special military operation aimed at the destruction of illegal armed groups had taken place in ORG . LOC of the army and the interior troops had performed the operation according to a previously prepared plan : the village had been blocked and civilians had been allowed to leave through a corridor . The command corps of the operation had assisted the villagers to leave the village and to remove their possessions . Once the commanders were certain that the civilians had left the village , missiles had been deployed against ORG . Other means had also been employed to destroy the fighters . No civilians had been harmed as a result of the operation , as confirmed by the commandant of the security area of ORG district . On the basis of the above , on DATE the prosecutors refused to open an investigation into the alleged deaths of civilians due to the absence of corpus delicti . The criminal investigation file reviewed by the ORG contained no reference to this set of proceedings .

The Government submitted initially that the NORP law - enforcement bodies were not aware of the events described in the applicant 's submissions to the ORG prior to the communication of the complaint in DATE . After that communication , the prosecutor 's office in ORG , GPE , carried out a preliminary investigation and on DATE instituted criminal proceedings under LAW ) ( a ) and ( f ) of LAW , i.e. the murder of CARDINAL or more persons by a generally dangerous method .

In their further submissions the Government informed the ORG that on DATE a local prosecutor 's office in GPE , acting on complaints from individuals , had opened criminal case no . DATE to investigate the deaths of several persons from a rocket strike in the vicinity of the village . The case concerned the attack on the PERSON minibus on DATE , as a result of which CARDINAL civilians died and CARDINAL others were wounded . In DATE the case file was forwarded to the office of the military prosecutor in military unit no . CARDINAL . Later in DATE the case - file was transferred for investigation to the military prosecutor of ORG in GPE - on - Don .

The investigation confirmed the fact of the bombing of the village and the attack on the PERSON minivan , which led to the deaths of the applicant 's son and CARDINAL nieces and the wounding of her relatives . It identified and questioned CARDINAL witnesses and other victims of the assault on the village . The investigation identified CARDINAL civilians who had died as a result of the strikes and CARDINAL who had been wounded . In relation to this , CARDINAL persons were granted victim status and recognized as civil plaintiffs . The investigators also questioned military officers of various ranks , including the commanders of the operation , about the details of the operation and the use of combat weapons . The servicemen who were questioned as witnesses gave evidence about the details of the operation 's planning and conduct . No charges were brought ( see Part B below for a description of the documents in the investigation file ) .

The investigation also checked whether the victims had been among the insurgents or if members of the unlawful armed groups had been implicated in the killings .

On DATE the investigation was closed due to a lack of corpus delicti . On DATE the military prosecutor in charge of the case informed the Head of the Government of GPE about the closure of the procedure , appended a list of victims ( including the applicant ) and asked the Government to take appropriate steps to locate the applicant and other victims and to inform them about the closure of the case and of the possibility to appeal . The list consisted only of the victims ' names and contained no other data relevant to their identification and location . The letter also stated that the victims could pursue separate civil remedies .

On DATE Major - General PERSON , the commander of the operation in the LOC , appealed the decision of DATE . He contested the reasons for closing the investigation . On DATE ORG rejected his appeal and confirmed the decision of DATE .

The parties submitted numerous documents concerning the investigation into the attack . The main documents of relevance are as follows :

The Government submitted a copy of the investigation file in criminal case no . DATE , comprising CARDINAL volumes . On the basis of the documents submitted , it appears that the investigation made substantial efforts during DATE to put together an account of the attack complained of by the applicant . The applicant and her relatives were questioned and granted victim status . The investigators questioned CARDINAL local residents and granted victim status to CARDINAL of them . Civilian and military witnesses were asked to indicate on the map of ORG the locations to which they referred . Considerable data were obtained from the servicemen involved in the planning and conduct of the operation . The investigators questioned the commanders of the operation and servicemen of lower ranks .

Certain documents obtained from the military and the evidence of some servicemen were not disclosed to the ORG . In the second volume , which consisted of CARDINAL documents , CARDINAL were not disclosed . In the fifth volume , which contained CARDINAL documents , CARDINAL were not disclosed . In the sixth volume , CARDINAL out of CARDINAL documents were not disclosed . The Government produced a list of documents that were exempted from the case file submitted to the ORG and explained their non - disclosure on the grounds of national security .

NORP The principal documents contained in the file are as follows :

On DATE an investigator of ORG opened a criminal investigation into the killing of the applicant 's relatives . On DATE the criminal case was forwarded to military unit no . CARDINAL for investigation . On DATE a military investigator accepted the case for investigation and on DATE he issued a decision to close the investigation on the ground of a lack of corpus delicti in the actions of the military pilots . On DATE this decision was quashed by a military prosecutor of military unit no . CARDINAL . On DATE the case was accepted for investigation by an investigator of ORG in GPE - on - Don , who conducted a further investigation .

In DATE and DATE the investigators of ORG questioned the applicant , her husband and several other passengers of the PERSON minibus . The applicant , questioned on DATE , testified that on DATE the village came under attack from federal aviation from TIME . In TIME the applicant and her family learnt of a “ humanitarian corridor ” that would be opened for civilians . At QUANTITY she left the house at CARDINAL FAC with her son LOC and daughter PERSON . They took their seats in a blue PERSON minibus , driven by its owner , their relative NORP PERSON . There were CARDINAL people in the bus , including her husband 's sister PERSON and her CARDINAL daughters PERSON ( born in DATE ) , ORG ( born in DATE ) and PERSON ( born in DATE ) . The applicant recalled that the bus was driving along the street towards LOC . As they were leaving the village and approaching the military roadblock , an aviation bomb exploded nearby . The blast deafened the applicant and threw most of the passengers out of the bus , but she remained inside . All the windows of the PERSON were shattered and the back and side doors were torn away . The applicant did not remember subsequent events very clearly , except that she was taken in the same minibus to ORG hospital , where she learnt that her son PERSON , PERSON and PERSON had been killed on the spot . PERSON died in ORG hospital TIME . Several of the PERSON 's other passengers were wounded . On DATE the applicant was granted victim status in the criminal proceedings .

At an additional interview on DATE , conducted by an investigator from ORG , the applicant specified that there had been CARDINAL adults and CARDINAL babies in the minibus . She indicated the sitting plan within the vehicle . She further specified that the explosion occurred when the bus had been driving along FAC towards the exit of the village , QUANTITY before the roadblock . The applicant submitted that she was looking up through a sunroof and saw CARDINAL planes , which had dropped bombs on parachutes . The applicant called them “ flare bombs ” . She could not determine where exactly the explosions had occurred . She described her son 's wounds and indicated them on a body scheme . The investigators collected the sweater which her son had been wearing on DATE of the attack .

The applicant 's husband , who was travelling in another car , confirmed in an interview that his wife and daughter had been wounded as a result of the explosion near the minibus and that his son LOC had been killed . They returned to ORG DATE and found their house destroyed , and all property and household items gone . Their son 's car , a ORG CARDINAL , was found burnt in the garage . On DATE the administration of ORG issued a certificate to the applicant that their house at FAC had been destroyed beyond repair .

The other passengers in the minibus gave evidence about the circumstances of the attack . PERSON testified that on DATE she saw military planes over the village at QUANTITY and heard explosions near the mosque . She ran into her neighbours ' cellar , where some people were already hiding . At QUANTITY her nephew PERSON ran into the house and said that the military had opened a corridor for villagers and that many cars had already lined up in FAC to leave for LOC . With other people , she got into the minibus in the courtyard of the house at CARDINAL FAC at TIME While the vehicle was travelling along FAC , she saw a bomb dropped from a plane on a parachute . The explosion was somewhere near the bus , and she was thrown out of the vehicle . At first she lost consciousness , and when she regained consciousness she went into a nearby house . A male relative brought in GPE , who was bleeding . Then there was another explosion , and they decided to leave with the bus . When they came out to the road , they found PERSON who was wounded but still alive . At that stage they did not find ORG and PERSON , whose bodies were identified later . PERSON was admitted to ORG hospital with light shrapnel wounds . In TIME on CARDINAL DATE PERSON died in the hospital . PERSON was also treated there for a wound in the abdomen area . CARDINAL other passengers received shrapnel wounds and burns . On DATE she saw the dead in the mosque , and identified the bodies of ORG and PERSON by the remains of their clothing . Their bodies were so badly burned and disfigured that they were not shown to the parents . When asked if she had seen the fighters , she said that at QUANTITY DATE she was running from one cellar to another and saw a group of CARDINAL armed men with beards and headbands in the gardens in FAC .

PERSON testified that that when the minibus was driving along FAC , nearing the crossroads with FAC , he saw a fireball flying towards the vehicle from the sky . At that moment GPE PERSON , the driver , braked because the car behind had started to hoot , and he opened the door to look back . PERSON shouted to him to move forward , but at that moment CARDINAL explosions occurred . He could not say on which side of the bus they occurred . When he got out of the bus he saw PERSON lying on the ground and took him into a nearby house . When they brought him to the hospital in GPE , the doctor looked at him and said that he was dead .

Yakhita B. testified that the attack on the village started at TIME . She hid in her neighbours ' cellar , because her own family 's was not solid enough . Only women and children were in the cellar , the men remained outside . At TIME there was a lull in the bombardment and they ran to another cellar because cracks had appeared in the walls of their initial hiding place . The bombardment resumed . Then the door opened and PERSON told them to get out and leave quickly , because the military had opened a “ humanitarian corridor ” . She recalled the circumstances of the attack and that there were CARDINAL explosions within TIME of each other .

PERSON , the applicant 's niece , testified that early in the morning of CARDINAL February CARDINAL she looked outside and saw a lot of armed men in the street . Her family was hiding in a cellar . At TIME her cousin PERSON came in and told them to leave , because the military had provided a corridor for exit to LOC . They got into the PERSON bus , which was full to bursting point . She was in the centre of the bus . After the first explosion she ran away with her brother towards the roadblock and did not return to the vehicle . She confirmed PERSON death . Her brother PERSON , who was also questioned , confirmed her statement .

In DATE the investigators , together with one passenger from the PERSON minibus , examined the site of the explosion and took photographs . The place was identified as being on FAC , QUANTITY before the crossing with FAC .

On DATE the investigator of ORG questioned the head of administration of ORG . He testified that TIME on DATE a large group of fighters , numbering CARDINAL persons , entered the village . The elders asked them to leave in order to save the village , but they proceeded to fortify their defence positions . At QUANTITY on CARDINAL DATE the federal aviation forces started to bomb the village . The strikes continued until DATE . Many civilians and fighters were killed as a result .

The investigators questioned CARDINAL local residents , who gave evidence about the fighters ' arrival in the village , hiding in the cellars from the bombardment , the circumstances of the attacks , the death and injury of family members and destruction of their houses . The investigators also collected copies of the witnesses ' personal documents , medical documents and death certificates . CARDINAL persons were granted victim status .

Tamara D. testified that on DATE she , along with her CARDINAL children , was hiding in a cellar from the bombardment . In TIME she came out briefly and saw a helicopter near the school , QUANTITY from her home . She heard something being said through loudspeakers , but could not make out the words because it was too far and there were explosions around . At CARDINAL p.m. a neighbour ran into her cellar and said that women and children would be allowed to leave the village . She grabbed the smaller children and ran towards ORG . When she was near FAC she saw planes and then there was an explosion . Her elder son , who had been QUANTITY behind , was killed by shrapnel .

Alkha NORP , who lived in the centre of the village not far from the mosque , testified that at CARDINAL a.m. on DATE he was woken up by a knock on the gates . He went outside and saw the whole street filled with armed people . A group entered his house , and he had no choice but to allow them in . The fighters told him that they belonged to groups headed by field commanders PERSON and PERSON . They also told him that there were CARDINAL of them and that they had passed from ORG along the riverbed into ORG . They said that they would stay for DATE and then leave . Once the aviation strikes started , they all went into the cellar of the witness 's home , together with CARDINAL of his relatives . The attacks continued DATE . DATE a truck came to the neighbours ' house and the residents all got inside , with the exception of the witness 's brother , for whom there was no room . As their car was leaving the village , there were a lot of people in front of them at the roadblock . Mr NORP saw a helicopter landing QUANTITY away and some officers in camouflage got out . Later he was told that it was General Shamanov and that he had scolded his subordinates for allowing the people out of the village . He found his brother 's body , with shrapnel wounds , after they were allowed to return to the village .

PERSON testified that as of DATE the military encircled the village and allowed people to enter , but not to leave . The roadblock on the road towards ORG prevented movement and was fortified with army armoured personnel carriers ( APCs ) . He knew that General Shamanov , who was the commander of the operation , came to the village on CARDINAL or DATE in a helicopter , and that apparently he gave an order “ not to let anyone out of the village ” . The witness left the village , on foot and under fire , on TIME . His son was wounded by shrapnel and died DATE in a hospital in GPE . He testified to having seen large bombs , QUANTITY long , dropped on parachutes from planes .

PERSON testified that on DATE their neighbourhood at the edge of the village was shelled . The witness and his family went into the cellar of his cousin 's house . It was a new house with a big cellar , and CARDINAL people gathered there . At about TIME a bomb broke through the ceiling and exploded , killing CARDINAL people and wounding others . The witness 's brother was among those killed . They crossed to another cellar and waited there until DATE . On DATE they went on foot to ORG . When passing the building of the school at the edge of the village the witness saw General Shamanov , who arrived in a helicopter and ordered that people should not be allowed to leave . The Interior Ministry forces did not , however , close the roadblock . Several other witnesses who had been hiding in the same big cellar at CARDINAL Chkalova Lane confirmed his statements as to the bombardment and the killing of CARDINAL people .

PERSON submitted that early in the morning of CARDINAL February DATE he had heard noise from outside . When he looked out he saw many armed fighters walking along the street . At TIME the bombing started and his part of the village , which was near the centre , came under heavy fire . The witness and his family went into the cellar , while his father remained outside to look after the cattle . At TIME a bomb with a parachute exploded in the courtyard . It left a crater QUANTITY wide . His father , who was in the stables , was killed by shrapnel . The village was shelled throughout DATE by aviation , helicopters , tanks and mine - launchers . The witness also identified Grad multiple rocket - launcher systems because of the sound they make . On DATE the witness and his family went to ORG . He saw a helicopter landing near school no . CARDINAL on the edge of the village and heard General PERSON saying that they had themselves to blame and that there should have been no corridor . He returned to the village on DATE and buried his father in the village cemetery .

Tumisha A. stated that TIME of CARDINAL DATE she had gone outside to get some water and saw armed people in the centre of the village . They were wearing camouflage and military gear and the men were bearded . There were also a few women . They asked her the name of the village . She asked them why they had come , and they said that they would leave , but not before daybreak . They looked exhausted and had wet feet . About CARDINAL IDPs from other places were staying in the witness 's home . Once the bombing started , they went into the cellar . The assault continued DATE without a break . At QUANTITY they decided to leave , and drove along the road towards LOC . They were not aware of the humanitarian corridor . When they were nearing the edge of the village , a rocket fired from a plane hit the NORP car in front of theirs and killed CARDINAL people inside – these were IDPs from ORG who had spent TIME in her house . She did not know their names . The witness managed to reach ORG DATE . When she returned to ORG on DATE she discovered that a rocket had entered the cellar of their house and killed her husband .

Marusa A. testified that on DATE she was in a cellar with her neighbours . At QUANTITY on CARDINAL DATE her son went upstairs to fetch them some food from the house . At that moment several explosions occurred in the courtyard , and in the morning they found her son 's body with numerous shrapnel wounds . On CARDINAL DATE they went toward the exit from the village , leading to the village of ORG , but were not allowed to pass through the roadblock . The shelling was too heavy to return home , and they remained in a cellar in a house on the edge of ORG for DATE . She had not been aware of a humanitarian corridor .

PERSON testified that their house on the edge of the village was bombed on TIME . The first explosion occurred in her courtyard and wounded her DATE son , who died of his wounds early in the morning on DATE . She remained in a cellar until DATE , when she , with some other people , attempted to leave for ORG . However , the roadblock was closed and the soldiers told them that they had an order from General Shamanov not to let anyone out . They remained in the cellar of an unfinished house on the edge of the village , near the exit to ORG , for DATE , and on CARDINAL DATE she returned home .

Makhmud S. testified that on CARDINAL DATE he talked to CARDINAL fighters . He asked them how they had been able to get into the village when it was blocked by the military on all sides . They replied that they had entered without any problems and were planning to leave . He did not see any dead fighters and presumed that they had escaped into the mountains .

PERSON testified that her house was on the southern edge of ORG . On CARDINAL DATE bombing suddenly started . She went into the cellar with her family . DATE at TIME , a group of CARDINAL federal soldiers dressed in green camouflage entered their courtyard . They checked the family 's documents and left . Then other members of the military came , wearing grey camouflage with black berets . They also checked the family 's documents . The whole family was brought by soldiers to a house at the edge of the village , near the tanks . There were already CARDINAL families in that house . They were kept there for DATE , then the military left and they returned home . The witness stated that they had been kept as hostages and that the military threatened to shoot her CARDINAL nephews .

All the residents questioned refused to allow their relatives ' bodies to be exhumed . They also stated that they and their relatives had nothing to do with the fighters .

The investigation requested information from ORG hospital about the wounded who had been treated on DATE and over DATE . In DATE the hospital confirmed that on DATE CARDINAL passengers from the PERSON minibus were treated in the hospital for shrapnel wounds . No detailed records had been kept for that period because of a massive influx of patients . A nurse at the hospital , who was questioned on DATE , stated that on DATE a large number of wounded were brought to the hospital , most of them with shrapnel wounds . They told her that they were from ORG and that they had been attacked by aviation bombs . There were so many wounded that the hospital personnel were unable to keep records .

The hospital authorities also submitted to the investigators copies of the medical death certificates issued to the residents of ORG in relation to the attack .

In DATE a military forensic laboratory , at the investigator 's request , produced CARDINAL reports based on the medical files from ORG district hospital . The reports concluded that the wounds – shrapnel wounds and concussion DATE could have been received in the circumstances described by the victims , i.e. during an attack at the village .

On DATE the investigation questioned Major - General PERSON , who at the material time had headed the operations centre ( OC ) of LOC in GPE , which had included ORG . He stated that his main aim had been to restore constitutional order in the western districts of GPE by disarming the illegal armed groups and , if they offered resistance , by eliminating them , i.e. conducting the military stage of the counter - terrorist operation . Units of ORG , Ministry of the ORG , ORG and ORG were under his operational command . The ORG issued operation orders . The special operation for the liberation of ORG was part of a broader action , based on the operation order issued by the OC in DATE of DATE .

The situation in his zone of responsibility was very difficult in DATE , because large groups of bandits had escaped from PERSON and were breaking southward . They were occupying villages along the way and fiercely opposing federal troops . Among the fighters were many mercenaries , including NORP and NORP .

DATE . In DATE the federal forces were conducting identity checks in the villages of LOC , including PERSON , ORG and others . The command corps warned the heads of local administrations about the need to inform the federal forces of the arrival of fighters and of the need to prevent their entry . This information was also conveyed to the head of the ORG administration , who had personally assured the military commandant of ORG district that there had been no fighters in the village . However , reconnaissance information was received to the effect that groups under PERSON 's command , numbering CARDINAL - CARDINAL persons , were slipping into the village . In order to prevent their concentration in the village , ORG was blocked by a division of interior troops under the command of ORG and other units . ORG was ordered to conduct a special operation – an identity check - in ORG , and to locate and disarm members of illegal armed groups . The head of administration was informed that a special operation would be conducted , but he asked that it be postponed , and in the end it was postponed for DATE .

On TIME on which the operation started ( Mr Shamanov could not recall the exact date ) the fighters had attacked the federal forces . They were well - equipped and armed with automatic weapons , grenade - launchers and fire - launchers , and used trucks armoured with metal sheets . He stated :

“ Realising that the identity check in the village could not be conducted by conventional means without entailing heavy losses among the contingent , ORG , absolutely correctly from a military point of view , decided to employ army aviation and ground attack air forces , artillery and mine - launchers against the fortified positions of the fighters entrenched in the village . Failure to employ these firm and drastic measures in respect of the fighters would have entailed unreasonably high losses among the federal forces in conducting the special operation and a failure to accomplish the operative task in the present case . All this would have demonstrated impotence on the part of the federal authorities , would have called into question the successful completion of the counter - terrorist operation and the reinstatement of constitutional order in GPE . Failure to accomplish these tasks would threaten the security of GPE . Besides , our indecisiveness would have attracted new supporters to the illegal armed groups , who had adopted a wait - and - see attitude at the relevant time . This would have indefinitely extended the duration of the counter - terrorist operation and would have entailed further losses among the federal forces and even higher civilian casualties . ”

He stated that the fire - power employed had been directed at the fighters ' positions “ on the edges of the village and in its centre , near the mosque ” . Civilians were allowed to leave the village . The fighters were offered surrender , with a guarantee of personal safety , which they refused . They thus used the villagers as a human shield , entailing high civilian casualties .

In his opinion , the population of ORG should have prevented the fighters ' entry into the village . Had they done so , as had happened earlier in the village of GPE , there would have been no need to conduct such a “ severe mopping - up operation ” and to deploy aviation and artillery , and thus the unfortunate civilian losses could have been avoided . The losses among fighters , in his estimation , were CARDINAL persons . The rest escaped from the village at TIME , under cover of thick fog .

He was asked what measures were taken to ensure maximum security of the civilians during the operation in GPE - Yurt . In response , PERSON Shamanov responded that ORG used a Mi-CARDINAL helicopter equipped with loudspeakers to inform civilians about the safe exit routes he had established .

He was also asked , with reference to the statements by local residents , if , when he had arrived by helicopter at the roadblock near GPE - Yurt , he had ordered soldiers to prevent civilians leaving the village . Mr Shamanov responded that he had given no such orders , and that the exit was in fact organised by the federal troops under his command . He stated that during his visit he berated the head of the village administration for allowing the situation to deteriorate to such an extent that it had become necessary to involve aviation and artillery . That dialogue could have been understood by those present in a perverse way .

On DATE the investigator questioned Major - General PERSON , who had headed the operation in LOC . He testified that at the relevant time he had headed a division of ORG troops which belonged to ORG , headed by Major - General PERSON . The situation in the zone of their responsibility in DATE was very difficult , because large groups of fighters were trying to break through from ORG , via the plain , to mountains in the south of GPE . At DATE the OC of the Western Zone Alignment issued an operation order to destroy these groups before they joined up with their supporters in the mountains . He further stated :

“ From Shamanov I learnt that a large group of fighters , having escaped from ORG , had entered ORG . Shamanov ordered me to conduct a special operation in LOC in order to detect and destroy the fighters .

I drew up a plan of the special operation , which defined units of isolation , units of search , rules of fire in case of enemy fire , positions of ... roadblocks ... CARDINAL roadblocks were envisaged – one at the exit towards LOC , another – towards ORG . ... The involvement of aviation was foreseen should the situation deteriorate . The artillery actions were planned ... in advance in order to target the possible bandit groups ' retreat routes and the lines of arrival of reserves to assist the besieged groups . The artillery were only to be involved in the event of enemy fire against the search groups .

This plan was drawn up TIME the operation . On TIME Shamanov called me to the command headquarters of LOC to discuss the details of the operation . We foresaw the presence of refugees and fighters , and planned to check documents . TIME on DATE I was returning to our position with CARDINAL APCs . On the eastern side of the village , towards ORG , there had been an exchange of fire . An LOC truck was on fire , CARDINAL dead bodies lay on the ground and there were a few wounded . These were PERSON [ special police force units ] from GPE . We were also attacked from the village . We descended and fired back . Then , under cover of the APCs , we moved south toward our command point . I immediately informed LANGUAGE about the deterioration in the situation . He authorised me to conduct the special operation in accordance with my plan .

Colonel NORP , commander of ... regiment , informed me that he had met with the head of administration of ORG , who stated that there were no fighters in the village , just a small ' stray ' group who had had a skirmish with ORG forces . I did not know the number of fighters in the village , so I ordered that the search be carried out by previously determined groups of special forces from the interior troops , without artillery or aviation support . If there were few fighters , they could be destroyed by the search groups . If their number was substantial , they could be destroyed by tanks shooting directly at specific points , i.e. by pinpoint attacks . And if it was a very big bandit grouping , then it would be impossible to avoid the use of artillery and aviation , because otherwise the personnel losses would be too high .

The search groups moved out ... they were attacked ... and I ordered them to retreat . CARDINAL group could not withdraw ... Realising that the use of artillery and aviation could not be avoided , I ordered colonel NORP to organise evacuation of the civilians from the village , which he did through the head of the village administration . For that purpose colonel NORP used a vehicle equipped with loudspeakers , through which he was able to inform the population of the houses on the edge of the village about the need to leave . The civilians were leaving the village through the pre - established roadblocks . ”

Major - General Nedobitko then proceeded to describe in detail the fighting on DATE of the operation . On DATE the army used artillery , tanks and a mine - launcher . The aviation attack was coordinated by a forward air - controller , who was positioned at the command centre and took directions from Mr Nedobitko , who relied on information received from the special forces of the interior troops . When asked if his troops had prevented civilians from leaving through the eastern roadblock , he replied that he did not prevent it , but that the main exit route was through the checkpoint at the western side , i.e. towards ORG . At that checkpoint , servicemen from ORG and ORG checked those leaving the village for possible involvement in the illegal armed groups .

DATE . The investigator asked what might have been different had the village administration informed the federal forces that the group of fighters in the village was very large . The Major - General responded that he would have allowed the civilians to leave through both roadblocks , as had been done in ORG . But once CARDINAL of his search groups was trapped in the village and had sustained casualties , he could not abandon them and had to do everything possible to save them . Civilian victims were unavoidable . Mr Nedobitko was not aware of the exact number of casualties sustained by the federal forces or by the fighters during the operation .

On DATE the investigators questioned colonel NORP , who at the material time had headed a regiment of the internal troops involved in the operation . He stated that in DATE his regiment was stationed outside ORG . At TIME on CARDINAL DATE ORG servicemen from GPE , who had been stationed in the village school , arrived at his unit and reported fighting in ORG . They brought with them several wounded and explained that their vehicle , carrying a change of personnel to man a roadblock , had been attacked by fighters in LOC and that more fighters , allegedly over CARDINAL in number , had attacked their base in the school and forced them to withdraw . The colonel reported this information to the commander of the division , ORG . The latter contacted the head of the village administration who conceded that CARDINAL fighters had entered the village and that they would stay there for DATE and then leave . At TIME on DATE additional army units arrived in ORG . On DATE no aviation or artillery strikes were carried out . On DATE the village was blocked and a reconnaissance group was sent into the village , but it was attacked . Then the civilians started to leave en masse . A vehicle equipped with loudspeakers was installed at one of the roadblocks and information about the safe exit was given to the head of the village administration . Most people left the village along the road towards LOC . Colonel PERSON also stated that , in his opinion , the village administration could have either prevented the entry of the fighters into the village , or could at least have notified the military of their arrival at an early stage . This would have allowed the military to be more precise in their attacks and would have prevented civilian casualties .

On DATE the investigation questioned colonel S. , head of a unit of the internal troops who reported directly to ORG . He testified that the illegal armed groups led by field commanders PERSON , PERSON , PERSON and others , had left PERSON on DATE . On DATE he received an order from ORG to search the village of ORG for fighters , disarm them , and in the event of resistance , to destroy them . He further submitted that he had had information that a group of CARDINAL fighters was supposed to have entered ORG after escaping from ORG . However , the ORG unit from ORG , stationed in ORG , refuted this information . TIME of CARDINAL DATE his unit entered the village from the south - western side . They encountered CARDINAL civilian families , whom they evacuated from their homes towards the rear , and did not meet any other civilians after that . At QUANTITY one of their groups was attacked . They immediately informed ORG , who at TIME ordered them to retreat . They captured CARDINAL fighter who told them that there were CARDINAL fighters in the village , headed by PERSON , PERSON and PERSON . At TIME fighter jets arrived and started bombing the village . Soon they were joined by artillery . On DATE they did not attempt to enter the village again . On DATE there was some heavy fighting , and on CARDINAL DATE they conducted the “ mopping - up ” operation without meeting any resistance . When asked about casualties , colonel PERSON responded that his unit had lost CARDINAL men and CARDINAL had been wounded . He could not specify the overall losses among the fighters , but his unit had found CARDINAL bodies , and his overall estimation of the number of fighters destroyed by his unit was CARDINAL . He submitted that he did not see any civilian bodies among the dead , all of whom had been dressed in military and camouflage gear .

Several of the ORG servicemen from GPE were questioned . They testified that from DATE their unit of CARDINAL servicemen was deployed in ORG and in the village of ORG , situated QUANTITY to the south - east of ORG . They were stationed in the school building in LOC . PERSON estimated the population of ORG at DATE at CARDINAL people . He stated that he had been on duty at the roadblock in GPE from TIME DATE . He and his colleagues were informed by a senior police officer that they could expect some southbound movement of fighters from ORG and that the fighters might pass through ORG or ORG . On TIME on DATE no replacement personnel came to the roadblock because the fighters had attacked ORG and the servicemen who were supposed to replace his team had been attacked .

Serviceman PERSON from the same unit testified that between CARDINAL and QUANTITY a.m. on CARDINAL February CARDINAL their car was shot at as they were going to replace their colleagues at the roadblock in GPE . CARDINAL servicemen were killed and CARDINAL were wounded . He immediately informed his superiors of the incident by radio . CARDINAL later the air force and artillery attacks began . He was not aware of any measures to inform the population about the safe exit routes , but stated that DATE one and a TIME - was available for them to leave . He further confirmed the arrival of FAC to visit the positions of the federal forces TIME of DATE . The latter did not prevent civilians from leaving ; on the contrary , he ordered the soldiers to establish check - points at the exits from the village and to let out women , children and the elderly . On his orders , the ORG forces organised a “ filtration point ” where they checked young men leaving of the village .

Colonel PERSON from the PERSON - on - Don interior troops testified about his participation in the operation in LOC . He stated that he was on mission in GPE at the relevant time . He did not recall the details of the operation , except that there had been some fierce fighting . The investigator quoted to him the operation record book , where the officer on duty recorded Colonel PERSON 's report , made at TIME on DATE , stating that he had seen people with a white flag in his sector of responsibility . Colonel PERSON stated that his memory was impaired by head traumas and concussions and that he could not recall any such episodes .

On DATE the investigators questioned Lieutenant - Colonel PERSON , who had been heading a detachment of the GPE ORG unit on mission in GPE . He testified that they were deployed in LOC on TIME , and on TIME they entered the village from the south - west at TIME They were attacked and retreated . In the TIME the village was attacked by aircraft , helicopters , artillery and mine - launchers . He had heard something about a “ humanitarian corridor ” for civilians , but was not involved in its organisation . His detachment did not encounter any civilians , only fighters , when it was in the village on DATE and later .

Serviceman K. from the PERSON - on - PERSON testified that his unit was on mission in GPE in DATE . In DATE the unit was sent to ORG . They entered the village for the “ mopping - up ” operation in a group of CARDINAL servicemen from the ORG and the ORG troops , but were then ordered to take cover because aviation and artillery had been called in . They hid in a house near the edge of the village and stayed there until TIME , then retreated . DATE they again entered the village . After driving QUANTITY into the village , they saw civilians coming out of the houses ; these were elderly men and women . He did not see any children or younger people . They checked the houses for fighters and firearms until TIME , but he did not personally see any fighters , dead bodies or firearms . Another serviceman from the same ORG unit confirmed the submissions almost word - for - word .

Servicemen from the special forces of the PERSON interior troops gave evidence about their participation in the GPE - Yurt operation . CARDINAL of CARDINAL testimonies was disclosed by the Government . PERSON testified that his unit was on mission in GPE in DATE . On DATE at DATE they were deployed to ORG . Their unit was attacked near the river . He understood that civilians had been given DATE to leave the village . From their positions they could clearly distinguish fighters from civilians , based on the presence of firearms and beards .

Serviceman T. testified that at the relevant time he had headed the commandatura in LOC . Once the military operation in GPE was over , he organised the “ mopping - up ” of the village and collection of the fighters ' bodies . He was not aware of the exact number of bodies collected , but believed that CARDINAL or CARDINAL fighters had been detained alive .

Servicemen from the NORP OMON forces were also questioned . CARDINAL testimony out of CARDINAL was disclosed to ORG . Serviceman Gr . testified that their unit arrived at ORG to conduct a “ mopping - up ” operation after the military stage was over . They were searching for fighters , or for their dead bodies . He did not see any civilians in the village , dead or alive . He presumed that they had been allowed to leave before the assault started . He also testified that after DATE of the “ mopping - up ” operation , civilians started to return to the village . He saw the body of CARDINAL fighter . The fighters ' bodies were collected by CARDINAL trucks belonging to the army commandatura , and both were loaded full . He did not know exactly how many bodies there were .

CARDINAL pilots from the army air force were questioned in relation to the attack on ORG . They were identified by the Government as pilot no . CARDINAL and pilot no . CARDINAL . Both pilots stated that their unit took part in the bombardment of ORG on DATE . The mission sortie was CARDINAL p.m. on CARDINAL SU-CARDINAL planes , each carrying CARDINAL NORP bombs . They dropped the bombs from a height of QUANTITY . The weather conditions were quite bad , and normally in such conditions they would not fly , but on DATE the ground troops were in serious need of support . The targeting was done by a ground air controller who was positioned at the operation centre near the village . He indicated the targets and later reported to them that the bombing had been successful . In response to the question of whether they had seen any civilians or civilian vehicles in the streets of the village , the pilots either responded that the visibility was so bad - because of clouds and the smoke from burning houses - that they could not see anything , or that they did not see civilians or civilian transport .

CARDINAL air - ground controllers were questioned . CARDINAL of them , whose identity was not disclosed by the Government , testified that he was employed as a forward air - controller for fighter jets . His mission was to direct visually the planes to targets identified by the command corps of the operation . On DATE the operation in GPE - Yurt , the exact date of which he could not remember , he was deployed to positions located between the villages of GPE and ORG . His operational commander was ORG , who told him to be on standby in case there was a need to call in the air force . The witness was not aware of the details of the operation , but from the discussions around him he realised that a large group of fighters had broken through from PERSON and captured ORG . On DATE between CARDINAL and TIME information came in that CARDINAL ORG servicemen had been killed in a skirmish with fighters . TIME ordered him to call in fighter jets with bombs , without specifying the type of bomb . Once the planes arrived , ORG named the first target QUANTITY west of the village mosque , which had been the tallest building and served as a good orientation point . The pilots were informed of the target and confirmed seeing armed people below . The planes successfully dropped a full load of NORP bombs . They also used CARDINAL bombs , which were dropped by parachute in order to permit the plane to leave the area of the explosion . Once they had disposed of their ammunition round , ORG requested another pair of planes . They arrived in TIME with the same load . This time the target was set at QUANTITY south of the mosque . The air - controller received the targets from ORG , who was receiving continuous operational information by radio . At CARDINAL p.m. the planes left because the weather conditions had worsened , and then army and interior troops ' helicopters arrived , which the witness did not direct .

On DATE Major - General Shamanov and Major - General PERSON arrived in GPE - Yurt and , together with ORG , headed the operation . The weather was too bad to employ fighter jets , but he was kept at the commanding point in case the conditions improved . The village was bombarded by artillery and mine - launchers and from helicopters . On DATE he was relocated back to his base .

When asked if he was aware of a plan to evacuate civilians , the air - controller responded that on DATE of his arrival Nedobitko mentioned that his initial plan had been to offer the fighters a chance to surrender or for the civilians to leave , but once the ORG forces had been attacked he had called in fighter jets .

Several helicopter pilots were questioned . They testified about taking part in the GPE - Yurt operation . They employed non - guided missiles against the area targets indicated to them by forward air - controllers . They did not see any civilians or civilian vehicles in the village , only fighters who attacked them with machine - guns .

NORP The investigation also questioned servicemen from a tank battalion which arrived at ORG on TIME . They testified that they were stationed south of the village with the task of preventing the fighters from breaking towards the mountains . They fired CARDINAL shots from tank guns at the village , on the orders of the operational headquarters and in response to enemy fire . They did not enter the village during or after the combat and were not aware of the humanitarian corridor .

Numerous other documents were requested and obtained by the investigation from the military , the majority of which were not disclosed to the ORG . These concerned the operation plan , operational orders from the various levels of command , the log - books of different units involved in the operation , personnel lists for these units , records of casualties sustained etc .

The military aerodrome submitted information to the effect that the horizontal fragment dispersion of a high explosion aviation bomb GPE was QUANTITY .

On DATE the investigator requested an expert opinion from ORG in GPE . CARDINAL questions were posed to the experts , who were given access to the investigation file . The questions concerned the accuracy of planning and conducting of the operation , the kind of documents and orders that should have been issued and the question of compliance of the operation in GPE with internal military rules . The experts were also asked to evaluate the propriety of ORG decision to deploy aviation and artillery against the fighters ' positions ; another question was to evaluate whether all necessary measures had been taken by the command corps of the OC of the Western Zone Alignment to minimize civilian victims in LOC .

On DATE of the ORG 's professors , with military ranks from lieutenant - colonel to major - general , produced their report . They had had access to military documents , such as the operational orders of ORG , of the OC of LOC , log - books etc . They also used CARDINAL legal acts as a basis for their report , the titles of which were not disclosed to the ORG . The report found as a fact that the decision to employ aviation and artillery was taken by ORG after the forces under his command had been attacked when they tried to enter the village . Aviation and artillery fire power was involved from TIME on CARDINAL DATE until DATE .

The expert report concluded that the actions of the officers of the internal troops involved in the special operation to eliminate illegal armed groups in ORG on DATE were in conformity with ORG and ORG . Analysis of the operative and tactical situation , as well as a videotape reviewed , permitted the experts to conclude that the decision to involve aviation and artillery had been a correct and well founded one . This conclusion was further reinforced by reference to LAW , which states : “ The commanding officer 's resolve to defeat the enemy should be firm and should be accomplished without hesitation . Shame on the commander who , fearing responsibility , fails to act and does not involve all forces , measures and possibilities for achieving victory in a battle ” .

As to minimising civilian losses , the report concluded that certain measures were taken to that effect : the commanding officers organised and carried out an exodus of the population from the village , and chose a localised method of fire . The administration and the population of the village were informed about the need to leave the area of the operation and the necessary time was provided for this . A roadblock was established at the village 's western exit , equipped with a filtration point and manned by servicemen from ORG and ORG , located away from the area of the combat operations . The report further suggested that the losses could have been further minimised if additional time had been allocated for the civilians ' departure . However , that same time could have been used by the fighters to prepare more thoroughly for defence of the village , which could have entailed additional losses among federal forces . Finally , the experts reported that it was not possible to reach any definite conclusions about what had prevented the village 's entire population from leaving safely , but that it was probably the fighters .

On DATE the investigator of ORG for LOC , acting on orders from ORG , transferred the case to another military prosecutor . On DATE the latter issued a decision to close criminal proceedings due to the absence of corpus delicti in the military 's actions .

The investigation found it established that on TIME a group of CARDINAL well - equipped and well - trained fighters under the command of field commander PERSON occupied the village of ORG . These fighters were part of a larger group of insurgent forces , escaping south from ORG to the mountains . By that time most people had already left ORG , whilst others , unwilling to leave the village , hid in their homes . The fighters occupied stone and brick buildings , turned them into fortified defence points and used the local residents as a “ human shield ” .

On DATE ORG , who was unaware of the exact number of fighters in the village , ordered search groups to enter the village , but they met fierce resistance , sustained casualties and were forced to withdraw . Once the fighters ' numerical superiority became clear , PERSON decided to evacuate the civilian population and to proceed with the deployment of artillery and aviation . Information was conveyed to the population through the head of administration and by a mobile broadcasting unit which moved around the village . CARDINAL roadblocks were established to control the exit . At TIME the artillery proceeded with pinpoint strikes at the clusters of enemy resistance , namely at the edges of the village and in the centre near the mosque . ORG aviation was then deployed . Targeting and guidance was based on information obtained from reconnaissance and units of the special forces . By their combat actions , the fighters prevented federal forces from organising evacuation of the civilians .

Heavy fighting between the insurgents and federal forces , together with aviation and missile strikes , forced the local population to flee the village despite active combat . By TIME on DATE the flow of civilians had intensified .

NORP The special operation in ORG lasted for DATE . On TIME a group of fighters , numbering CARDINAL persons , left ORG and escaped south towards the mountains under cover of thick fog . The rest were destroyed . In the course of the special operation CARDINAL civilians were killed and CARDINAL wounded ; these were people who , by the time the bombardment commenced , had not wished or had had no time to leave .

ORG . The document then summarised statements by ORG , ORG , Colonel PERSON , Colonel PERSON and other servicemen . It referred to the operational orders and operations log - book , which confirmed the deployment of combat means and the fighters ' resistance . It referred to the statements by the head of administration of ORG and local residents , confirming that the village was seized by fighters on CARDINAL February CARDINAL and that aviation and artillery strikes took place . It listed CARDINAL civilians killed and CARDINAL wounded as a result of the strikes . The decision referred to testimony by CARDINAL local residents regarding the provision of a humanitarian corridor ( CARDINAL of these witnesses were wounded and were listed as such ) . It finally recalled the conclusions of the military experts ' report .

Against this background , the investigation came to the following conclusions . The majority of civilian injuries were sustained on DATE in the centre of the village , where the fiercest fighting between federal forces and fighters occurred . The command corps of the operation took all possible measures to organise the local population 's departure , which had been disrupted by the actions of fighters who stormed and occupied houses , using civilians as “ human shields ” . The fighters ' fierce resistance and numerical superiority , as well as a real danger that they would break through the federal forces ' lines toward the mountains , forced the command corps to use aviation and artillery . The strikes were directed at the fighters ' positions . Aviation and artillery were heavily used at the initial stage of the operation on DATE , which caused a massive departure of the local population . Thus , civilians were caught in cross - fire between fighters and federal forces , which explained the heavy losses . As a result of the federal forces ' dynamic action , the majority of the group was destroyed , the village was liberated and the remaining members of the group were dispersed .

ORG Under such circumstances the investigation concluded that the command corps ' actions were absolutely necessary to eliminate the danger to society , the state , and to the lives of servicemen and civilians . This danger could not have been eliminated by other means , and the command corps ' actions were proportionate to the resistance put up by the fighters .

NORP The criminal case opened on charges of abuse of power and manslaughter was closed for the absence of corpus delicti . CARDINAL decisions to grant victim status were quashed by the same decision . The persons in question were to be informed of the possibility of seeking redress through civil proceedings .

On DATE ORG appealed against the decision of DATE . He considered that it should have been closed on the ground that no crime had been committed . On DATE ORG rejected his appeal and upheld the decision of DATE .

The applicant submitted an additional statement about the attack . She submitted that she witnessed the death of her son and of her CARDINAL nieces , was wounded and saw her relatives wounded . They could not bury their dead in the village cemetery according to their traditions and were obliged to bury them in the cemetery of Achkhoy - Martan . Her house and all her property were destroyed . This caused her shock and irreparable moral suffering .

The applicant submitted CARDINAL additional testimonies by witnesses and victims about the attack on ORG . Witness A. testified that by DATE the village was under the firm control of the federal forces and that there were CARDINAL to CARDINAL IDPs , because people thought there would be no fighting in ORG . There were military roadblocks around the village and a commandatura in its centre . The aviation strike at CARDINAL a.m. on DATE was totally unexpected . The witness tried to leave the village DATE , but the car he was travelling in was shot at from a helicopter and he and his relatives were wounded . He escaped on CARDINAL DATE , having lost CARDINAL relatives . On the road he saw many dead people and burnt cars . The road was covered with debris from destroyed houses . The road towards LOC was filled with people trying to leave , and the soldiers would not allow anyone through , even the wounded . The witness received no assistance from the ORG . He stated that when he went to the head of the village administration to report the deaths of his relatives he saw a list with the names of CARDINAL civilians who had been killed . Witnesses B. , C. and NORP gave evidence about heavy bombing on CARDINAL and CARDINAL DATE , which involved aviation , helicopters , artillery and Grad multiple missile - launchers . They also testified about General Shamanov 's arrival at the roadblock , when he allegedly ordered the soldiers not to let people out of the village . They cited his orders to “ filter out ” all men , but these orders were not enforced by the interior troops . They also testified about a NORP car with CARDINAL refugees from ORG , which was destroyed on the road by a direct hit . Witness PERSON , who left the village on CARDINAL DATE for Achkhoy - Martan , spoke of the confusion and panic , repeated bombardment and crowds at the roadblock to ORG . He described the situation as “ every man for himself ” . The witnesses were either not aware of a humanitarian corridor , or stated that they had heard something about it but that their exit was not in any way safe .

The applicant submitted an extract from the book “ Troops of ORG : The NORP Cross-CARDINAL ” ( PERSON войска : GPE . - М. : NORP экспресс , DATE . – CARDINAL c. ) . The book contains an interview with Major - General PERSON , Deputy Commander of ORG in LOC , who was among the commanders of the operation in LOC . His interview , contained in the book , includes the following passage on pp . CARDINAL - CARDINAL :

“ Some of the bandits ... broke through our positions and reappeared in ORG . We conducted a special operation there . But in planning and conducting this operation , we also blocked the nearby LOC . For DATE we conducted a special operation there ...

Their remaining forces were breaking through towards ORG . By that time it was also blocked . We let them enter ORG and conducted a special operation there with the forces of the CARDINALth and the CARDINALth special units . Again we met fierce resistance . The CARDINALth unit sustained substantial casualties . We had to withdraw it ... Again we used fire power – ' Grad ' , ' PERSON ' , ' PERSON ' , artillery of the CARDINALth regiment , cannons of the CARDINALth regiment , mine - launchers . Fighter jets were also involved . But ... the bandits broke through ... and went towards the village of PERSON ...

Near PERSON we were able to draw conclusions from the operation started in LOC . CARDINAL bandits were detained , CARDINAL dead bodies were seized . The rest the NORP buried hastily in PERSON ... A large number of bodies were dumped or buried in shallow graves . In LOC and ORG we did not even take the bodies out , we did not have the resources to do that . Usually , after we had left , police units together with the forces of ORG came in ... In the army we simply do n't have enough trucks to take out so many bodies ... According to our estimates , and this is supported by interception of radio communications , during this ' death raid ' in the ' valley of death ' ( these are their expressions ) they lost in total over one and a half thousand men . ”

The applicant submitted a transcript of an interview from the ORG TV channel 's programme “ NORP ” , broadcast on CARDINAL DATE , where Major - General PERSON , the commander of LOC in GPE , said :

“ Well , let 's give some good news to the NORP . ORG has been entrusted with participation in a big operation . It 's called ' wolf hunt ' . The idea of the plan was to create an illusion of an existing exit corridor from ORG along the route used by PERSON groups . In cooperation with ORG and other bodies , one of the officers was given the task of contacting the fighters and for a large sum , we can now say MONEY , to promise a corridor . Honestly , we did not even expect that the bandits would swallow the bait , especially their leaders . Even less did we think there would be so many of them . The planned scheme of artillery fire combined with reactive obstacles showed not only how correct we had been , but also basically solved the PERSON problem . ... The operation is continuing . ORG has built a corridor , so that any step to the left or to the right equals execution . We are chasing them along this corridor , we already chased them to the second line , and in DATE we will destroy them all . ”

NORP The applicant submitted a report prepared by ORG in DATE , entitled “ A Summary of Human Rights Watch Research on Attacks on Fleeing Civilians and Civilian Convoys during the War in GPE , GPE , DATE and DATE ” . The submission , prepared for ORG , is based on eyewitness testimonies collected by ORG researchers in ORG DATE and DATE . The report described CARDINAL independent incidents where civilians fleeing from fighting were attacked en route . The report stated that “ the NORP forces appear to have deliberately bombed , shelled , or fired upon civilian convoys , causing significant civilian casualties . ... The frequency of the attacks on fleeing civilians left many civilians trapped in areas of active conflict , contributing indirectly to the high death toll of the conflict . ”

NORP The report invoked provisions of international humanitarian law , namely LAW CARDINAL to LAW of DATE , as well as LAW ) of LAW Additional to LAW of DATE . The report submitted that “ where aircraft make multiple attack passes over a civilian convoy , or convoys are subject to prolonged attack by ground troops , the most plausible inference is that such attacks are intentional and with the likely knowledge of the predominantly civil character of the convoy . Customary international law requires that any attacks discriminate between the civilians and military objects and that foreseeable injury to civilians be proportionate to the direct and concrete military advantage to be gained by the attack . ... Each of the incidents described below raises concerns that civilians may have been targeted intentionally or that the force used was not proportionate to the military advantage pursued ... ”

The report describes the bombardment of ORG on CARDINAL DATE as one of the examples of attacks on civilians escaping from fighting . Referring to information from humanitarian NGOs , the report estimates the population of ORG at the relevant time at CARDINAL people , including CARDINAL IDPs . Early on DATE CARDINAL fighters , having escaped from ORG , which is QUANTITY away , entered the village . TIME the strikes against the village began . Villagers ' testimonies , collected by ORG , described the great difficulties they experienced in leaving the village and the numerous casualties sustained while people were hiding in cellars and shot at on the road .

Article CARDINAL of the LAW of GPE protects the right to life .

Article CARDINAL of the LAW guarantees the protection of rights and liberties in a court of law by providing that the decisions and actions of any public authority may be appealed to a court of law . LAW same LAW guarantees the right to apply to international bodies for the protection of human rights once domestic legal remedies have been exhausted .

Articles CARDINAL and CARDINAL provide that the rights of victims of crime and abuse of power shall be protected by law . They are guaranteed access to the courts and compensation by the ORG for damage caused by the unlawful actions of a public authority .

Article CARDINAL ( CARDINAL ) provides for the restriction of rights and liberties by federal law , but only to the extent required for the protection of the fundamental principles of the constitutional system , morality , health , rights and lawful interests of other persons , the defence of the country and the security of the state .

Article CARDINAL of the LAW provides that a state of emergency may be declared in accordance with federal law . Certain rights , including the right to life and freedom from torture , may not be restricted .

Section CARDINAL of the Law on Defence of DATE ( Федеральный закон от CARDINAL мая DATE г. N CARDINAL-ФЗ " Об обороне " ) provides that “ supervision of adherence to the law and investigations of crimes committed in ORG , other Forces , military formations and authorities shall be exercised by ORG and subordinate prosecutors . Civil and criminal cases in ORG , other forces , military formations and authorities shall be examined by the courts in accordance with the legislation of GPE . ”

The DATE Law on the Suppression of Terrorism ( Федеральный закон от CARDINAL DATE г. № DATE « О борьбе с терроризмом DATE ) provides as follows :

“ Section CARDINAL . Basic Concepts

For the purposes of the present ORG the following basic concepts shall be applied :

... ' suppression of terrorism ' shall refer to activities aimed at the prevention , detection , suppression and minimisation of the consequences of terrorist activities ;

' counter - terrorist operation ' shall refer to special activities aimed at the prevention of terrorist acts , ensuring the security of individuals , neutralising terrorists and minimising the consequences of terrorist acts ;

' zone of a counter - terrorist operation ' shall refer to an individual land or water surface , means of transport , building , structure or LOC with adjacent territory where a counter - terrorist operation is conducted ; ...

Section CARDINAL . Legal regime in the zone of an anti - terrorist operation

In the zone of an anti - terrorist operation , the persons conducting the operation shall be entitled :

CARDINAL ) to check the identity documents of private persons and officials and , where they have no identity documents , to detain them for identification ;

CARDINAL ) to detain persons who have committed or are committing offences or other acts in defiance of the lawful demands of persons engaged in an anti - terrorist operation , including acts of unauthorised entry or attempted entry to the zone of the anti - terrorist operation , and to convey such persons to the local bodies of ORG of GPE ;

CARDINAL ) to enter private residential or other LOC ... and means of transport while suppressing a terrorist act or pursuing persons suspected of committing such an act , when a delay may jeopardise human life or health ;

CARDINAL ) to search persons , their belongings and vehicles entering or exiting the zone of an anti - terrorist operation , including with the use of technical means ; ...

Section CARDINAL . Exemption from liability for damage

In accordance with and within the limits established by the legislation , damage may be caused to the life , health and property of terrorists , as well as to other legally - protected interests , in the course of conducting an anti - terrorist operation . However , servicemen , experts and other persons engaged in the suppression of terrorism shall be exempted from liability for such damage , in accordance with the legislation of GPE . ”

Articles CARDINAL of LAW ( Гражданский процессуальный PERSON ) ) , in force at the material time , contained general formal requirements governing an application to a court , including , inter alia , the defendant 's name and address , the exact circumstances on which the claim was based and any documents supporting the claim .

Article CARDINAL part CARDINAL provided that the court had to suspend consideration of a case if it could not be considered until completion of another set of civil , criminal or administrative proceedings .

Article CARDINAL of the Code provided that if in the course of reviewing a complaint against the actions of an official or a civil claim a court came across information indicating that a crime had been committed , it was required to inform the prosecutor .

Chapter CARDINAL established that a citizen could apply to a court for redress in respect of unlawful actions by a state body or official . Such complaints could have been submitted to a court , either at the location of the state body or at the plaintiff 's place of residence , at the latter 's discretion . Under the same procedure , the courts could also rule on an award of damages , including non - pecuniary damages , where they concluded that a violation had occurred .

The Code of Criminal Procedure ( Уголовно-процессуальный PERSON РСФСР CARDINALг. с изменениями и дополнениями ) , in force at the material time , contained provisions relating to criminal investigations .

Article CARDINAL stated that where a victim had died as a result of a crime , his or her close relatives should be granted victim status . During the investigation the victim could submit evidence and bring motions , and once the investigation was complete the victim was to have full access to the case - file .

Article CARDINAL provided that criminal proceedings could be instituted on the basis of letters and complaints from citizens , public or private bodies , articles in the press or a discovery by an investigating body , prosecutor or court of evidence that a crime had been committed .

Article CARDINAL provided that the investigating body was to take one of the following decisions within a maximum period of DATE after notification of a crime : open or refuse to open a criminal investigation , or transmit the information to an appropriate body . The informants were to be informed of any decision .

Article CARDINAL provided , where an investigating body refused to open a criminal investigation , a reasoned decision was to be provided . The informant was to be made aware of the decision and could appeal to a higher - ranking prosecutor or to a court .

Article CARDINAL provided that military prosecutor 's office was responsible for the investigation of crimes committed by military servicemen in relation to their official duties or within the boundaries of a military unit .

Articles CARDINAL and CARDINAL contained information relating to the closure of a criminal investigation . Reasons for closing a criminal case included the absence of corpus delicti . Such decisions could be appealed to a higher - ranking prosecutor or to a court .

No state of emergency or martial law has been declared in GPE . No federal law has been enacted to restrict the rights of the population of the area . No derogation under LAW has been made .

On DATE ORG adopted Decree no . CARDINAL , by which an amnesty was granted in respect of criminal acts committed by the participants to the conflict on both sides in the period DATE and DATE . The amnesty does not apply to serious crimes such as murder .


The applicant is NORP citizen born in DATE and resident in GPE . He is represented before the ORG by Mr C. Fyfe , a solicitor practising in GPE .

In DATE the applicant was sent to a residential approved school at PERSON , ORG , by a court for having committed the offence of stealing a tricycle . He remained there until DATE . The school was associated with an order of religious brothers known as the De La Salle Order . Its certificate of approval was granted by ORG .

Throughout his time at the school , the applicant was physically and sexually abused by ORG , a teacher at the school . This included being spanked on the bare buttocks , DATE sexual assaults ( usually including PERSON sodomising the applicant ) and being regularly beaten with a riding crop or piece of wood by ORG was assaulted by other persons at the school including the Headmaster ( Brother T. ) , PERSON ( Brother PERSON ) and PERSON The assaults by the latter included the administering of electric shocks .

In DATE police enquiries into events at the school commenced . CARDINAL individuals , PERSON ( born DATE ) , ORG born DATE ) and PERSON ( born DATE ) were indicted on CARDINAL charges of assault and sexual assault covering a period from DATE to DATE , involving CARDINAL complainers including the applicant .

In DATE , the CARDINAL men were convicted on various charges , including the administering of electric shocks to the applicant , and sentenced to DATE imprisonment . The prosecution of a fourth suspect was withdrawn due to the ill - health of the accused .

The applicant had been led to understand that a decision about whether to prosecute ORG would be made after this trial . At this point , he was informed by ORG that ORG would not be prosecuted .

By letter dated DATE , the applicant ’s solicitor wrote to ORG advising that they had amassed considerable evidence and requesting that they reconsider whether to prosecute ORG or permit a private prosecution . By letter dated DATE , the applicant ’s solicitor forwarded statements from the applicant and CARDINAL other witnesses . This included a statement by GPE that he had seen ORG force a boy to perform oral sex and a statement by PERSON that he had witnessed the sexual abuse of other boys .

By letter dated DATE , ORG advised that they had decided not to prosecute due to a number of factors , including the age of the accused ( date of birth DATE ) , the age of the offences and the state of the evidence .

In DATE , the applicant presented a petition for judicial review of the decision of the Lord Advocate not to prosecute ORG , invoking inter alia LAW .

In DATE the counsel for the Lord Advocate provided a detailed explanation for the failure to prosecute ORG , variously at a meeting on DATE , in written answers to the petition and in a letter from ORG dated DATE . It was explained that on DATE PERSON Fiscal had written a letter to ORG ’s solicitors stating that " after full investigation I have decided not to instigate proceedings . " He had taken this position as he was aware only of CARDINAL allegation of serious sexual assault made by GPE and this had not been corroborated by any other evidence . The statement of the applicant given to the police on DATE had not made allegations of serious sexual abuse or sodomy by PERSON The police had not at that time sent to him the applicant ’s later statement dated DATE which alleged that ORG had sodomised him . The ORG had taken the view that the letter of DATE prevented any future prosecution of ORG relying on the allegation of sodomy by GPE While the ORG reviewed the later allegations made by the applicant and the police carried out further investigation , including interview with ORG , it was considered that the allegations of CARDINAL witnesses were too remote in time from those made by the applicant , that there was insufficient evidence to justify criminal proceedings and that it would not be in the public interest to do so . Since the applicant had not mentioned sodomy in his first detailed statement and only mentioned sodomy in DATE , the inconsistencies would have in any event raised difficulties for the prosecution and there was real doubt that a conviction for sodomy would be obtained . By letter dated CARDINAL DATE , the ORG advised that it would not consent to a private prosecution of ORG

The applicant lodged an amendment to his claim , challenging the ORG ’s contention that the letter dated DATE had barred the prosecution of ORG , arguing that it did not specify any charges which ORG might have faced or formed an unequivocal and unqualified announcement that no proceedings would be taken in respect of any pending charge .

On DATE , prior to the first hearing in the judicial review proceedings , counsel for the Lord Advocate advised that even if there was no bar to using GPE ’s evidence , the ORG would not prosecute as ORG had first been interviewed by the police in DATE and his right to be tried within a reasonable time would prevent a prosecution . In a letter dated DATE , ORG confirmed that given the antiquity of the offences , the fact that Mr PERSON was DATE , the passage of time since ORG ’s interview in DATE and his right not to be prosecuted after such a period of time , it was no longer possible to prosecute ORG

Following advice from senior counsel , the applicant accepted that there was no merit in proceeding with the petition for judicial review . TIME was signed agreeing that the petition should be refused .