Bombing of Katyr-Yurt - ECHR Judgment

ECHR Judgment

In the February 24, 2005 ruling, the European Court of Human Rights (ECHR) held Russia responsible for the civilian deaths in Katyr-Yurt:

The Court concluded that the military operation in Katyr-Yurt, aimed at either disarmament or destruction of the fighters, had not been spontaneous. The Court regarded it as evident that when the military had contemplated the deployment of aviation equipped with heavy combat weapons within the boundaries of a populated area, they should also have considered the inherent dangers. There was however no evidence to conclude that such considerations played a significant role in the planning.

The military used heavy free-falling high-explosion aviation bombs FAB-250 and FAB-500 with a damage radius exceeding 1,000 metres. Using this kind of weapon in a populated area, outside wartime and without prior evacuation of the civilians, was impossible to reconcile with the degree of caution expected from a law-enforcement body in a democratic society.

It was further noted that no martial law and no state of emergency had been declared in Chechnya, and no derogation has been entered under Article 15 of the Convention. The operation therefore had to be judged against a normal legal background.

Even when faced with a situation where, as the Government had submitted, the villagers had been held hostage by a large group of fighters, the primary aim of the operation should be to protect lives from unlawful violence. The use of indiscriminate weapons stood in flagrant contrast with this aim and could not be considered compatible with the standard of care prerequisite to an operation of this kind involving the use of lethal force by State agents.