The Case of the Disappearing Chechens Continues to Stir Controversy in Georgia

Article 42 is an NGO dedicated to providing legal assistance to people in Georgia about possible civil rights violations. It has been involved in the case of 13 Chechens, including Mulkoyev and Alkhanov, who were arrested by Georgian authorities in August 2002. Five of the 13 were extradited to Russia in October of the same year. [For additional information see related EurasiaNet story]. On February 6 of this year, a Tbilisi court found Mulkoyev and Alkhanov innocent of entering Georgia illegally.

The NGO lodged a complaint with the European Court of Human Rights (ECHR), arguing that Georgia's actions to detain and extradite the Chechens contravened international law. In October 2003, the court decided to conduct a fact-finding mission in the case, formally titled Abdul-Wahhab Shamayev and 12 others versus Georgia and Russia. A three-member ECHR fact-finding team arrived in Georgia on February 21, days after Mulkoyev and Alkhanov had been reported arrested by Russian authorities.

Georgian leaders have denied any involvement in the Mulkoyev and Alkhanov arrests. Chechen community in Georgia representatives maintain that Georgian authorities delivered the two Chechens to Russia. Mukhashavria, the Article 42 lawyer, believes the incident was designed to intimidate other Chechens into not fully cooperating with the ECHR fact-finding team. The text of Mukhashavria's comments follows:

EurasiaNet: What is your impression about the circumstances surrounding the arrests of Mulkoyev and Alkhanov?
Mukhashavria: Mulkoyev and Alkhanov would never have gone near the [Georgian-Russian] border. They were ready to go anywhere, except Russia. By the way, when the [Tbilisi] court ordered their release [February 6], they were free to leave Georgia, and this is what they were going to do. However, I asked them to stay until February 21, the date of the [ECHR] delegation's arrival. Their appointments [with ECHR investigators] were scheduled for February 23. They decided to stay after my request. They were very much afraid for a few days after their release, and lawyers from our organization constantly escorted them. Then the fear faded away, and on February 16, at half-past ten in the morning they left their house and set out to the Ministry of Refugees and Accomodation to register officially, and receive the status of the refugees. However, they never arrived at the Ministry