The Gadzhiyev case: ECHR recognizes violations of the dagestani journalist’s rights

12 FEB 2025

Фото: «Черновик»

On February 6, 2025, the European Court of Human Rights (ECHR) ruled in favor of Abdulmumin Gadzhyiev, editor of the Dagestani newspaper Chernovik.

The court found that Russian authorities had violated several articles of the European Convention on Human Rights in relation to Gadzhiyev and awarded him compensation of €6,000.

About Gadzhiyev’s Case

In 2023, the Southern District Military Court in Rostov convicted journalist Abdulmumin Gadzhiyev along with two other defendants Kemal Tambiyev and Abubakar Rizvanov. Gadzhiyev, who was head of the religion section of « Chernovik » journal, was sentenced to 17 years in a high-security penal colony. Tambiyev received 17.5 years, Rizvanov was sentenced to 18 years.

They were found guilty of financing terrorist activities (Parts 1 and 4, Article 205.1 of the Criminal Code, with the application of Part 3, Article 33) and participating in a terrorist organization (Part 2, Article 205.5). Initially, law enforcement claimed that Gadzhiyev was suspected of transferring funds to the accounts of charitable organizations linked to Abu Umar Sasitlinsky (Israil Akhmednabiev), a Dagestani Islamic preacher.

The investigation alleges that this preacher organized the financing of terrorist groups through charitable foundations, ostensibly for the construction of Islamic religious sites and aid to impoverished Muslims. In the official indictment, Gadzhiyev’s role was revised from a direct financier of terrorists to an ideological instigator.

According to the prosecution, the journalist’s articles encouraged donations to the « Ansar » foundation, which was allegedly used to support ISIS (a group recognized as a terrorist organization and banned in Russia). Another defendant in the case, Kemal Tambiyev, testified against Gadzhiyev but later retracted his statement, claiming it was obtained under torture.

In April 2020, Gadzhiyev was charged in a new criminal case for participation in an extremist organization (Part 2, Article 282.2).

The human rights group « Memorial » has recognized all three defendants as political prisoners.

More details on Gadzhiyev’s case can be found here.

ECHR Ruling

Abdulmumin Gadzhiyev’s complaint was submitted to the ECHR by his lawyer, Arsen Shabanov.

The European Court highlighted the lack of substantiated reasoning in the rulings of Russian courts. It also noted that Russian authorities had no evidence to suggest that Gadzhiyev might flee or obstruct justice.

In summary, the ECHR found that several articles of the European Convention on Human Rights had been violated in relation to Abdulmumin Gadzhiyev:

Article 5 – Right to liberty and security
Paragraph 4 of this article states that anyone deprived of liberty by arrest or detention has the right to prompt judicial review of the lawfulness of their detention and to release if the detention is found unlawful.
Article 10 – Freedom of expression

The court awarded Gadzhiyev compensation of €6,000.

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