Forcible abduction by the Russian military of residents of the Shelkovsky district and the city of Shali from their homes

May 28, 2001

***

At about 4 o'clock in the morning, the Russian military arrived in the hut in two armored personnel carriers. Kharkiv, Shelkovsky district, they captured and took away in an unknown direction Zaurbek Abusoltovich (Abusoltaevich) Masaev, born in 1975. Having burst into the house, they did not introduce themselves to the residents and did not explain in any way the motives of their actions. Behaved rudely, threatened, including children.

The detainee's relatives, in particular his grandfather Bada Chantayevich Masaev, born in 1915, filed applications with the prosecutor's office, the UFSB and the military commandant's office; they tried to involve the VOVD and the district administration in his search. When they realized that the authorities did not intend to conduct an objective investigation of what had happened, on June 19, 2001 they turned to the OSCE mission in the Chechen Republic.

In his letter to the employees of this international organization, Bada Masaev wrote that his grandson had never been in any armed formations, had never fought or violated the law. From 1993 to 1997 he taught at a rural school, then studied household chores, raised a young child and looked after his grandfather, a veteran of labor and the Great Patriotic War, holder of the Order of the Patriotic War (No. 6077767), who was awarded six other government awards. Asking the members of the OSCE mission to assist in the search for his grandson, he wrote, in particular (the style and spelling are preserved): “Twice I met with the commandant of the district. All heads of state structures cannot give a specific answer, who, what state structure and for what took my grandson away and still cannot determine his whereabouts. As a veteran of the Great Patriotic War and labor, I am extremely concerned about why I and my family and grandchildren are not protected by law from such actions by some military men who grossly violate the requirements of the criminal procedure legislation of the Russian Federation. I assure you… (these actions – Memorial Human Rights Center) cause concern and certain mistrust of the inhabitants of the Chechen Republic towards the federal authorities.”

The district prosecutor's office opened criminal case No. 33025 (Article 126 Part 2 of the Criminal Code of the Russian Federation) dated May 28 on the fact of the kidnapping of Zaurbek Masaev. On July 28, 2001, it was suspended due to “failure to identify the person to be brought in as an accused” (Article 195, paragraph 3 of the Code of Criminal Procedure of the RSFSR).

***

Zelimkhan Adrakhmanovich Bersanov, born in 1940, celebrated his son's marriage at his home in Shali. He was visiting relatives and neighbors. Friends from neighboring villages also came there. After 5 p.m., masked Russian soldiers burst into their yard. Without asking for documents, they put a bag on the owner of the house, then tied the hands and wrapped the heads of the natives of the village of Germenchuk, Elbrus Ochur-Khadzhievich Kagirov, born in 1976, and Ruslan Aslambekovich Israilov, born in 1977. All of them were put into armored personnel carriers with side numbers smeared over and taken away in an unknown direction. Subsequently, they disappeared without a trace.

On the fact of kidnapping (Art. 126 part 2 of the Criminal Code of the Russian Federation) of Zelimkhan Bersanov on October 16, 2001, the Shali District Prosecutor's Office opened criminal case No. 23264. On December 16 of the same year, it was suspended. As of July 2004, the man's whereabouts could not be located.

The relatives were not able to clarify the fate of the other two people taken away by the military, however, they managed to force the prosecutor's office of the Shali district to initiate criminal case No. 23257 in accordance with Art. 126 of the Criminal Code of the Russian Federation. It happened on October 15, 2001. Exactly two months later, the case was suspended in accordance with Art. 195 Code of Criminal Procedure of the RSFSR.

Later, the masked Russian military also took away Abu Zelimkhanovich Bersanov, born in 1975, from whose wedding his father and residents of neighboring Germenchuk were kidnapped. Then he managed to avoid this fate because of Chechen traditions, which forbid the groom to show himself to his relatives. Except for one or two people, no one usually knows where he may be at this time.

After the three aforementioned people were taken away, Abu Bersanov stopped showing up at his place altogether. He returned on June 9, 2001 at about 10 p.m. and ran into an ambush. He tried to run, but was captured. The military carried out a pogrom in the house, with shots from automatic weapons they smashed the entire furniture and utensils, took the detainee and left. By mid-2004, his relatives were unable to establish what happened to him later, whether he was alive or dead.


From the book "People Live Here", Usam Baisaev, Dmitry Grushkin, 2006

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