Umar Israilov
Umar Israilov (also Umar Israilov ; * 1981 in Chechnya ; † January 13, 2009 in Vienna ) was a Chechen paramilitary and later human rights activist.
Chechnya war and flight
Umar Israilow fought against Russian troops in the First Chechen War . In April 2003, he was abducted, tortured and blackmailed. According to him, the troops of President Ramzan Kadyrov, who was loyal to Russia, locked him in a boxing club in Gudermes , Chechnya . He now has to work for the " Kadyrowzy ", otherwise he and his family would be murdered. So Israilov became a member of the Chechen presidential bodyguard for a few months. Then in 2004 he fled to Vienna via Poland and applied for political asylum there. The Austrian asylum authorities decided in June 2007 that his story was credible. Israilov settled in Vienna.
Umar Israilov was married and had four children.
Statements and threat
Israilov wanted to share his knowledge of Kadyrov's terror regime with the public and had filed a complaint with the European Court of Human Rights . He enclosed witness transcripts, expert reports, sketches of torture chambers and photos of abused Chechens with the complaint.
The Austrian authorities knew from a remorseful contract killer that Umar Israilov was an endangered key witness: In the summer of 2008, a man who introduced himself to Israilov as Arbi appeared and asked him to return to Russia and to drop his lawsuit against Kadyrov. Israilov secretly recorded the conversation and handed the transcript to the Office for the Protection of the Constitution. "Arbi" is called Artur Kurmakayev and warned Israilov that he was in charge of a kidnapping squad of President Kadyrov. Artur Kurmakayev had already appeared at the State Office for the Protection of the Constitution on June 10, 2008 and told the police that Umar Israilov would have to die on behalf of the Chechen President. He should carry out the death sentence. According to Die Zeit, Arbi told the authorities: “I work for the President of the Chechen Republic, Kadyrov Ramzan [...] My boss is the president's right hand man [...] I work in a new department that deals with Chechnya abroad bring to."
Israilov also felt threatened in Vienna and reported several times that he was being followed. On June 10, 2008, he announced to the Vienna State Office for the Protection of the Constitution that two killers were targeted on him and asked for personal protection. The Austrian Office for the Protection of the Constitution rejected this.
assassination
On Tuesday, January 13th, 2009, Israilow left the Eurospar market on Leopoldauerstrasse (Vienna- Floridsdorf ) at around 12:00 noon . A man was waiting for him. Israilov threw a filled shopping bag at the man's face. Two men with pistols drawn followed him, then fired at the fugitive. Hit several times, Israilov collapsed. The two men kept shooting. One hit Israilov with the handle of his gun. A passer-by photographed the murderers from his window: both wore camouflage pants and hats. They escaped. Umar Israilov died on the way to the hospital.
Investigations and Proceedings
“Personal protection was too expensive, the risk situation was far too vague,” said a spokesman for the Austrian Ministry of the Interior after Israilov's death. According to Die Zeit, however, the authorities' files said “Subject: threat from the Chechen President”.
Israilov's friends and lawyers filed a criminal complaint against Kadyrov on June 13, 2008. Allegedly, he was planning a trip to Austria to attend two Russian games at the European Football Championship. Israilov's lawyer asked for an arrest warrant. She was evicted from one agency to another, but none accepted the complaint and no arrest warrant was issued.
Instead, the Austrian police arrested Artur Kurmakajew on June 19, 2008. He described his life underground. He had several "missions", including in Germany.
The Austrian police later arrested and interrogated eight Chechens who had applied for or were granted asylum in Austria. In February 2009, the Polish police arrested Turpal Ali J., who was suspected of being an accomplice in Israilov's murderer.
On June 1, 2011, the Higher Regional Court of Vienna sentenced Otto Kaltenbrunner, Suleiman Dadayev and Turpal-Ali Yesherkayev to 19 and 16 years in prison for the murder of Umar Israilov. The Austrian police stated at the trial for the first time that they assume that President Kadyrov had ordered the execution of Israilov. The court later upheld the sentences. The charges were involvement in the murder, attempted transmission to a foreign power and formation of a criminal organization .
Role of the authorities
There was a procedure before the Independent Administrative Senate to determine whether the police authorities had failed to provide police protection to Israilov at the request of his lawyer .
Around a month and a half after Israilov's murder, the Independent Administrative Senate (UVS) dealt with the allegation of several violations by the Republic of Austria against the European Convention on Human Rights (ECHR). Israilov's lawyers filed a complaint about failure to take police protection measures. The father of the murder victim sought a new trial at the European Court of Human Rights (ECHR).
The first notification was made by the European Center for Constitutional and Human Rights (ECCHR). The organization Human Rights Watch had also drawn attention to his endangerment before Israilov's death.
The lawyers argue that the right to protection of life (Article 2), no inhuman and degrading treatment (Article 3) and the protection of the private and family life of the bereaved (Article 8) have been violated by the lack of police assistance. The UVS Vienna must check whether the state and federal offices for the protection of the constitution and the fight against terrorism (LVT and BVT) have acted unlawfully. Initially, only the reimbursement of procedural costs is required. The application was submitted on behalf of Umar Israelov's widow, his three children and his father. "A large number of protective measures for the now murdered would have been conceivable," says the application. For example, increased patrol activity, identity checks , moving or enabling a new identity. Instead, not a single step was taken. The lawyers emphasized that the police authorities and the Ministry of the Interior were aware of the "real and immediate risk" for his life. "Since June 2008 at the latest, there has been an immediate intensification of the threat situation." (Statements "Abis") This is justified in the application as follows: The victim's supervisor had already contacted the LVT at the beginning of 2007 and pointed out the threat. On June 11, 2008, the office finally filed a complaint against the Chechen President Ramzan Kadyrov , an alleged agent of that country and a third person, to the Vienna Public Prosecutor's office for coercion. Among other things, this was shown by an expert report on the traces of torture. These allegations were also the subject of a complaint to the ECHR, which were deleted before the murder after no follow-up requests were made. According to Israelov's father, this was due to a "communication problem". In a letter to the court, the court announced that the file would be presented again.
The Republic of Austria is said to be complicit in the murder of Umar Israilov. This was the conclusion of the Vienna Regional Administrative Court in its judgment in June 2015. According to the findings, the Austrian Ministry of the Interior, the Federal Office for the Protection of the Constitution and Counter-Terrorism (BVT) and the Vienna State Office for the Protection of the Constitution failed to adequately protect Israilov, although there were indications there was a specific threat. This violated the right to life enshrined in the European Convention on Human Rights (ECHR). The regional administrative court certified the police authorities with “indifference” and “naivety”.
After the verdict, the widow's lawyer said she wanted to sue for grief pain allowance, maintenance and therapy costs for the widow of Israilov and his four children.
According to Stern magazine, Austria's politicians were concerned that Israilov's death could significantly disrupt Austria's relationship with Russia. That is why the Ministry of the Interior invited the judiciary and the Foreign Office to a crisis meeting after the death in order to agree on a “common wording ”.
Individual evidence
- ↑ ECCHR background report
- ↑ a b The Hunt for Kadyrov Opponents: An Announced Political Murder. In: The time.
- ↑ a b "Crime: The Risk Factor" , Der Spiegel (issue 25/2010), June 21, 2010.
- ^ Israilov case: Vienna Higher Regional Court confirms penalties - DiePresse.com
- ↑ Amnesty International Annual Report Austria 2009
- ↑ Human rights complaint against the republic - murder of a political refugee - derStandard.at
- ^ Israilov murder case: court locates complicity of the republic - Salzburger Nachrichten
- ↑ Death of a Chechen - a murder becomes a state affair - Stern.de
| personal data | |
|---|---|
| SURNAME | Israilov, Umar |
| ALTERNATIVE NAMES | Israilov, Umar; Israilov, Umar Sharpuddiewitsch |
| BRIEF DESCRIPTION | Chechen paramilitary and human rights activist |
| DATE OF BIRTH | 1981 |
| PLACE OF BIRTH | Chechnya |
| DATE OF DEATH | January 13, 2009 |
| Place of death | Vienna |