GROZNY, RUSSIA -- Sultan Uguyev was blinded by Russian bombs in Chechnya's first war, and he fled from the second war as a refugee. But in a burst of optimism, he brought his family back to Grozny last fall. "Come back to Chechnya," the pro-Moscow government was telling refugees on its official radio station. "The war is over. Everything is being restored and you will get humanitarian aid."

Three months later, Mr. Uguyev's oldest son was shot dead by a drunken Russian soldier on a shooting rampage in Grozny. He was the only breadwinner, leaving his father trying to feed a family of five children and grandchildren on a monthly pension of 700 rubles -- about $35.

It was then, after six years of fear and misery, that Mr. Uguyev, 45, decided to stand up and fight for justice.

In a case that could set a far-reaching legal precedent, he is launching a civil suit that seeks $1-million (U.S.) in damages from the Russian Defence Ministry for the murder of his son. The suit is one of the first to challenge the climate of impunity that has protected the military from the consequences of its crimes.

It could also force the Kremlin to begin compensating Chechen victims of its military campaign, creating a new financial incentive to halt the war, or at least to improve the discipline of often drunk soldiers.

"Until now, people have never imagined that they could get any compensation," Mr. Uguyev said. "People don't know how to file a lawsuit, and they are scared to do it. It would be great if my case could set a precedent for everyone. I want a trial, so that the whole world can see what happened."

By seeking financial damages, he wants to hit the military where it hurts -- its budget. He believes the Russian military campaign is largely fuelled by the revenue from Chechen oil wells, the bribes soldiers extract at checkpoints, the proceeds from the looting of homes and the ransoms soldiers demand for releasing Chechen prisoners.

"If everyone goes to court and wins damages, the lawlessness will have to end. This war is driven by money."

The essential facts of his son's murder were confirmed by an investigator from the office of the Moscow-appointed prosecutor for Grozny. His report said Bekhan Uguyev, a 19-year-old construction worker and father of two, was killed by S. S. Anosov, a soldier serving in a district military headquarters in Grozny.

The elder Mr. Uguyev shows photos of his son, lying dead on the floor, a small, neat bullet hole in his forehead and his face stained with blood.

The murder took place on the night of Jan. 21, when two Russian soldiers approached Bekhan's house in Grozny and began shooting through the windows, demanding alcohol.

"I don't know why they did it," his father said. "They were drunk, and maybe they were using drugs. They were shouting, 'We've come to shoot Chechens.' "

While his pregnant wife hid, Bekhan rushed to his father's adjoining home, then went out to protect other family members. A minute later he was shot dead.

The rampage continued. The soldiers, cursing and demanding vodka, moved to several other houses and shot them up too, wounding two neighbours. Eventually the other soldier tried to restrain the one who was doing most of the shooting, but he too was shot. The next morning, investigators found Mr. Anosov asleep near the houses and arrested him.

Mr. Uguyev collected 17 cartridge shells and four bullets at the scene of the shooting and gave them to the investigators. The case was transferred to military prosecutors, who sent the soldier to the Russian city of Rostov-on-Don for psychiatric tests.

Six months later, no trial has been held, and Mr. Uguyev doesn't know whether the soldier is still in jail. "It seems that the investigation has ground to a halt, and nothing is happening."

In his suit, he is seeking $1-million in moral damages, plus about $2,000 to cover the costs of his son's funeral.

"None of my family has ever participated in any hostilities on any side," Mr. Uguyev wrote in a letter to President Vladimir Putin. "Throughout the whole of my life, I studied and worked, like every other Soviet citizen. Today I am an invalid, I'm blind, and my son has been killed. Everything I had was destroyed, and the only breadwinner in my family was publicly and cynically killed."

Despite the overwhelming evidence in the case, most of his friends and neighbours believe it is futile to sue the military. "Most people don't believe there is any chance of justice," said Mr. Uguyev's wife, Raisa.

The obstacles are numerous. The civil suit must be filed at a military tribunal in Rostov, hundreds of kilometres from Chechnya, and it cannot proceed until a criminal court declares the Uguyevs are victims of a crime. For an invalid pensioner, travelling to Rostov is almost impossible.

"I cannot go to Rostov unless someone helps me," Mr. Uguyev said. "And I don't have any money to hire a lawyer."

Another obstacle is the military's deep reluctance to prosecute its own soldiers, regardless of the crime. Only one high-ranking officer has been charged with offences against civilians in Chechnya, and that trial is now stalled.

Colonel Yuri Budanov has admitted that he kidnapped and strangled an 18-year-old woman in March last year. There is also forensic evidence that he raped her. Prosecutors say he was drunk at the time of the killing. But his lawyers have argued that he suffered from "combat fatigue" and killed Elza Kungayeva in a fit of uncontrollable rage because he thought she was a rebel sniper.

Col. Budanov, a twice-decorated commander of a tank regiment in Chechnya, has been lauded as a hero by many Russians. Defence Minister Sergei Ivanov has praised him, and said his actions were understandable. "In human terms, I sympathize with him," the minister said.

Military prosecutors have dropped the initial accusation of rape, and have repeatedly allowed the trial to be delayed. Last month, it was adjourned for up to four months while Col. Budanov is sent to Moscow for another round of psychiatric tests. Analysts say he could be set free on the grounds that he is "emotionally unstable."

Mr. Uguyev is undeterred by the obstacles, vowing to keep pursuing the criminal and civil action.

He still lives in Grozny, but he won't let his eldest surviving son go anywhere outside the house. "He could be killed or arrested. It's very dangerous to live here. So I make him sit at home."

By GEOFFREY YORK - The Globe and Mail (Canada)
Source : Johnson's Russia List #5378
2 August 2001
davidjohnson@erols.com