16 Nov 2012 17:42

Lawyer: Investigators cannot avoid opening prosecution against 2002 theater hostage crisis handlers

MOSCOW. Nov 16 (Interfax) - Russian investigators are obliged to open a criminal investigation against officials responsible for an operation to free hostages during the October 2002 theater hostage crisis in Moscow, says a lawyer for the victims of the hostage-taking.

"They cannot avoid opening the criminal case for fear of criminal liability for failing to obey a court ruling, that is, a judgment by the European Court of Human Rights," lawyer Igor Trunov told Interfax on Friday.

Trunov insisted that, after such a criminal case is opened, former Moscow Mayor Yury Luzhkov should be among those against whom this prosecution should be opened. "As mayor, he headed the anti-terrorist operation staff," he said.

The actions of the services that handled the operation to free the hostages were poorly coordinated, he said.

Moscow's Lefortovsky Court ruled on November 2 that the investigation's refusal to open a criminal case against officials responsible for the operation to end the theater hostage crisis in 2002 was unlawful, thus granting Trunov's appeal.

Citing the European Court of Human Rights' judgment, the defense demanded that the Investigative Committee open criminal cases on infliction of bodily injury charges.

It was reported earlier that the prosecution service filed a cassation motion against the Lefortovsky Court ruling on November 12. Hence, the ruling has not yet taken effect. The court has not yet set a date for hearing the motion.