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Äåòêè Ìèëûå, õîðîøèå íàøè äåòêè!!! Òàê ïðîñòî íå äîëæíî áûòü, ýòî áîëüíî, ýòî íå÷åñòíî, ýòî óæàñíî. |
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Ïàìÿòè Àëåêñåÿ Äìèòðèåâè÷à Ãðèøèíà Ñâåòëàÿ ïàìÿòü ïðåêðàñíîìó ÷åëîâåêó! Ìû ðàáîòàëè â ÃÌÏÑ, òîãäà îí áûë ìîëîäûì íà÷àëüíèêîì îòäåëà ìåòàëëîâ, ïîäàþùèì áîëü... |
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Complaint of the victims of the |
| Written by Îëüãà Áû÷êîâà, Ëåâ Ãóëüêî | ||||||||
| Âòîðíèê, 23 Îêòÿáðü 2007 | ||||||||
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Complaint of the victims of the Radio station ‘Echo of Moscow’ October 23rd, 2007 O. BYCHKOVA: On what might a now take place in the K. MOSKALENKO: Good afternoon. L. GULKO: Hello. O. BYCHKOVA: Thanks for finding a few minutes for us, please tell us what is this complaint that they have made with the European Court of Human Rights in Strasbourg? K. MOSKALENKO: Thank you for finding me in Strasbourg, because I consider it my duty and honor today to talk about what is happening in the It still has not been communicated, even though, according to our calculations, this should happen very soon. Communicated — this means, I am sorry for the terminology, to make it short, this is the stage of the proceedings at the European Court when the government sets specific questions that the government must respond to, and then gives the applicants an opportunity to object to these responses, or subject them to criticism. So, our complaint is perhaps a bit complicated, it is more complicated because we are looking at all aspects of the right to life. As far as the negative aspects of the right to life, it is a O. BYCHKOVA: Yes, of course. Tell me, please, what should happen next? What should happen next at the court in Strasbourg, for example, as you said the term? K. MOSKALENKO: Communicated, communicated the O. BYCHKOVA: This is happening now, and what happens next? K. MOSKALENKO: The government submits its response, and accompanies its response with all possible evidence that they have put forth to justify the absence of fault or liability on the part of the State. O. BYCHKOVA: Understood, but are there deadlines for responses by the State, Karina? K. MOSKALENKO: What? O. BYCHKOVA: Is there a set deadline for the State to respond? K. MOSKALENKO: Yes, the government has certain deadlines. There was a lot of material, sometimes the State really asks for a delay, but certainly it must provide materials and documents, a memorandum in a form that somehow fully argues the position of the State. I will not discuss the topic of what will be our answer to the State in the communicated complaint, because we still have to write our objections. In addition, as I told you, our part of the complaint has not been communicated, and there will be many complex issues concerning legal approaches, but what I can tell you about the other complaints is not forbidden. It is not confidential information, and the state very casually provided the documents. If another group of applicants finds many contradictions in these, and they decide to go to court with respect to falsifying documents, I must tell them that my group of applicants has already gone through all the criminal courts. We started, a long time ago we started filing complaints in court for unlawful conduct of the investigation, for violations committed in the investigation. All of them, by the way, that concerned the right to life. This is all regulated by the very same second article of the European Convention, which guarantees… O. BYCHKOVA: Karina, please tell us, after all I am asking you about the deadlines set for the State’s reply. Now, when will the next time be that we hear answers from the Russian state on all the questions you raised? K. MOSKALENKO: Firstly, I must tell you that I do not expect to hear answers to all of the questions. O. BYCHKOVA: But are they not obliged to do under their obligations to the international court? K. MOSKALENKO: They are obliged, of course, they are obliged, but you know that at one point we had our greatest progress when we received a majority, or at least a large number, of the volumes from the criminal case. This happened when we appealed to the investigation in court, and I must tell you that these materials are very incomplete, and very contradictory. Most importantly, among them…hello? O. BYCHKOVA: Hello, K. MOSKALENKO: Among them there were no materials about the use of the gas, that is, it is still unclear whether or not they treated the people correctly, or if they assisted them properly. If they are still living, those who survived the application of this substance, in the long term are they receiving the correct care, and should they be taking some kind of medication? O. BYCHKOVA: Yes, understood. K. MOSKALENKO: It is totally illegal to conceal this information. O. BYCHKOVA: Absolutely, please tell me, what is the end result that can be achieved or not achieved from all these legal actions? K. MOSKALENKO: That decision, which is made by the European Court. O. BYCHKOVA: Yes, what are the options? K. MOSKALENKO: The European Court, I emphasize, does not itself conduct investigations. O. BYCHKOVA: Yes. K. MOSKALENKO: Sometimes in exceptional cases there is an organization, the O. BYCHKOVA: This is a story that could drag on for years anyway. K. MOSKALENKO: In general, yes, but most importantly, what can the European Court do, if it does not make an exception and does not take up this mission? It makes decisions. It makes decisions not condemning anyone or condoning anyone, it decides what’s what. Was there a violation of the right to life, or not? In this case, I repeat, they will consider not only the negative obligations, not only the question of… O. BYCHKOVA: If it is decided that the right to life was violated, then what happens? K. MOSKALENKO: Then, recognizing that the State violated the right to life, in this case there will other decisions relating to compensation. Then compensation will be determined. O. BYCHKOVA: So, if the State is to blame, it must pay? K. MOSKALENKO: It must pay. O. BYCHKOVA: To put it bluntly. K. MOSKALENKO: This is something, by the way, that the state has not done using its own internal judicial mechanisms in a majority of the cases. O. BYCHKOVA: Karina, thank you. K. MOSKALENKO: And the most important lacuna in this case, and it is something that has now been debated for how long? Five years. There is this persistent misconception that the gas, whatever you want to call it, we cannot say what it was, that it was used in order to prevent an explosion. O. BYCHKOVA: To neutralize the terrorists, yes. K. MOSKALENKO: This has been a persistent misconception for at least five years, and for the sake of those we represent, for the peace of mind of my trustees, the survivors, stop talking about how this gas or substance could have somehow prevented an explosion. It is known for certain from the case materials, which we finally were shown, that those who seized the hostages fired back for a long time. They showed resistance, but did not set off their explosives. Since the gas, the substance, could not take effect immediately, therefore an explosion could have occurred had that been their intention. Why it was not their intention, I think, again, we have not been given the entire truth, but that’s another issue. O. BYCHKOVA: So the story of the gas was, at a minimum, meaningless, at a maximum… K. MOSKALENKO: Absolutely. O. BYCHKOVA: …we cannot even say what. K. MOSKALENKO: At a maximum we can say there was a violation of even the negative obligations of the right to life. O. BYCHKOVA: Well, Karina, thank you very much. Sorry, that our time on the air is already running out. Thank you, and good luck and success. K. MOSKALENKO: Thank you for your attention to these issues. O. BYCHKOVA: Thank you. K. MOSKALENKO: On behalf of my applicants and clients. O. BYCHKOVA: Thank you, all the best. That was attorney Karina Moskalenko, who, as you understand, is based in Strasbourg where they are considering the next stage in the case of deaths during the terrorist attack at Views: 4765 |
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