Protecting the rights of people affected by the counter-terrorism operation in the settlement of Vremenny

Background

The settlement of Vremenny (Republic of Dagestan, around 1,000 residents) found itself in the zone of a large-scale counter-terrorism operation. Early in the morning on 18 September 2014, security forces units (estimated at 1,000 to 3,000 personnel) entered the settlement with military equipment; the entrances were blocked.

What happened

On the first day, residents were required to undergo “identification” and receive numbers without which they could not enter or leave the settlement. Searches began: groups of 5–10 officers conducted them without presenting court warrants or any other documents confirming the lawfulness of the searches. Later, the conduct became more aggressive: threats were made and rough treatment was used.

From 2 to 6 October 2014, all residents were forced to leave. They were able to return only on 26 November 2014 — and found mass destruction and missing property: damaged doors, removed floors and light fixtures, trenches in courtyards, as well as the disappearance of household appliances and personal belongings. The damage affected virtually the entire settlement. A commission documented the damage; the authorities publicly promised compensation, but payments did not follow.

Video on the Vremenny case (youtube)

Legal issue

The case came down to two key questions:

Unlawfulness of the searches and the damage caused (violation of the right to property and the right to respect for private life/home).
Unlawful inaction by state authorities, expressed in the absence of a real mechanism for compensation and delays in paying compensation despite official promises and inspection reports.

Case strategy

1) Attempt to secure an investigation

On behalf of the victims, applications were filed with investigative bodies seeking the initiation of criminal proceedings regarding damage to and theft of property. Despite repeated requests, the authorities refused to open a case.

2) Civil claims for compensation

Civil claims were filed seeking compensation for the harm caused. Russian courts initially rejected the claims.

3) Application to the European Court of Human Rights

In January 2017, an application was prepared and filed with the ECtHR on behalf of the applicants concerning violations of the right to respect for home and family life and the right to property. On 13 July 2021, the ECtHR communicated the case, confirming the seriousness of the allegations at the international level.

4) Collective administrative proceedings challenging state inaction

After the first steps, several applicants became an example for other residents, and in February 2018 a collective complaint (128 residents) was filed seeking a finding that the authorities’ failure to ensure compensation was unlawful.

First instance: the complaint was dismissed.

Appeal: the dismissal was overturned.

On rehearing, the claims were granted: the court found the inaction unlawful and confirmed the state’s obligation to ensure compensation.

Result

The collective case became a turning point: it encouraged the authorities to prepare the documents required for payments. In November 2019, the state allocated 58 million rubles to compensate 630 residents for lost property (approximately €70,000 according to the assessment in the case materials).

For my work on this matter, I won the national “Best in Law” competition.