Moscow
Hostage-Crisis Compensation Hearings Start
Gregory Feifer
- Radio
Free Europe
Moscow, 16 January 2003 (RFE/RL) -- Court proceedings
began today in Moscow over an unprecedented series
of compensation lawsuits filed on behalf of victims
of last October's hostage crisis. The hearings began
with the lawyer representing the plaintiffs accusing
the municipal court of falling under the control of
the city administration, the very body being sued.
Crowds of people jostled to get into the cramped hearing
room of a Moscow court that began proceedings today
over a multimillion-dollar series of lawsuits brought
on behalf of victims of last October's hostage crisis
in a Moscow theater.
Plaintiffs
claiming physical and emotional damages have brought
a total of 49 complaints against the Moscow city administration,
asking for more than $48 million. Another 12 cases
were filed today, adding a possible $11.5 million
to the stakes.
Igor
Trunov, the lawyer representing the plaintiffs, criticized
the morning's proceedings and accused the city court
where the hearings are being conducted of probable
bias. He said the court is under the control of the
suits' target, the Moscow city administration, which
gives judges and other officials free apartments,
telephone lines, and other perks. "How would
it look if I were giving judges additional payments?
It would look, at the very least, like I were a criminal
offering a bribe," Trunov said.
Trunov
requested to have the case transferred to a higher,
federally funded court, which, unlike the current
municipal court, would be authorized to review secret
documents and other sensitive evidence pertaining
to the hostage crisis. Judge Marina Gorbacheva turned
down the request.
Trunov
also criticized the decision this morning to allow
only two journalists -- both representing foreign
media -- into the hearings, which were previously
announced to be open. The journalists both carried
letters petitioning the court to allow them to attend.
The
unprecedented hearings stem from last October's three-day
hostage crisis, when around 50 heavily armed Chechen
militants stormed a Moscow theater, rigging it with
explosives and taking around 800 captives to demand
an end to the war in Chechnya.
The
standoff ended when Russian special forces stormed
the theater after pumping in a sedative gas to knock
out the militants.
The
controversial gas, which officials say was an opiate,
also killed most of the 129 hostages who perished
in the event.
Doctors
taking part in the rescue aftermath said the operation
was badly planned. They complained they had not been
told what to expect and that not enough antidote was
available to help those left unconscious after the
raid, adding that, otherwise, it would have been possible
to save more lives.
Following
the country's antiterrorism law, which puts the burden
of compensation on local authorities, the lawsuits
name as the defendants Moscow city officials instead
of the federal authorities responsible for overseeing
the rescue operation to free the hostages.
First
Deputy Mayor Oleg Tolkachev said he hoped the court
would reach an "objective" decision exonerating
city officials. "Moscow has carried out its obligations
in paying compensation to the victims of this traumatic
terrorist act," he said in comments reported
by Interfax.
The
government pledged around $3,150 to the families of
each of the hostages killed during the siege, and
half that to survivors.
Victims
and their families and friends say that is not enough.
Nikolai
Lyubimov, 71, works as a watchman at the theater and
was one of those taken hostage. He was hospitalized
for a month after the rescue operation and says parts
of the left side of his body have been left numb.
He is suing the city administration for $1 million.
He
said he had no health complaints before the crisis
and has never been given a specific diagnosis by doctors.
"No one will ever say anything [about my medical
diagnosis]. Do you understand? They just say that
[my condition] is a result of these events [the hostage
crisis]. And that's it," Lyubimov said.
Lyubimov
said officials are trying to discredit those seeking
compensation. "The most unpleasant thing is that
the Moscow government, that is, some members of the
Moscow government, of course, and the Duma, especially
the Duma, instead of protecting us as members of their
electorate, have essentially organized a campaign
against us. They compare us with other pensioners,
saying we're stealing from their pockets," Lyubimov
said.
Dmitrii
Milovidov's 14-year-old daughter died during the rescue
operation. Commenting on continued criticism of the
rescue operation, Milovidov said he hopes the lawsuits
will keep the hostage crisis in the public's attention.
"Terrorists, not hostages, should be afraid of
special-forces soldiers. Doctors should have Naloxone
[the antidote] ready. Things should be organized.
If this is now forgotten, there will be more victims.
That's the most important thing," Milovidov said.
Milovidov
said authorities do not care about the country's citizens.
"Human life has never been valued in Russia,
although one would want it to be valued in the 21st
century and would want those people responsible for
that life to understand what responsibility they carry
if they're in power," Milovidov said.
Lyubimov,
who came to Trunov's firm during its hours for pro
bono legal consultations, said he is convinced he
will win his case. "Of course. I have no doubts.
I'm ready to go all the way to the European Court
[of Human Rights]," Lyubimov said.
Evidence
presented in the cases will include what Trunov says
is a previously unreleased videotape shot by hostage
takers during the crisis.
The
court is hearing 24 suits today and will also consider
accepting four more. It will hear another 21 suits
tomorrow.
Interfax
cited Judge Gorbacheva as saying the defense will
call to the witness stand politicians, journalists,
and others who took part in negotiations during the
crisis, including Duma deputies Boris Nemtsov and
Irina Khakamada and reporter Anna Politkovskaya.
Copyright (c) 2002. RFE/RL, Inc. Reprinted with
the permission of Radio Free Europe/Radio Liberty,
1201 Connecticut Ave., N.W. Washington DC 20036. www.rferl.org
--
To respond to this story or post a follow up e-mail
editor@insnews.org
|