MOSCOW,
December 31 (IslamOnline & News Agencies) - A Russian court
exonerated from criminal responsibility for killing a young Chechen
woman Tuesday, December 31, provoking protests from rights defenders at
the collapse of the watershed military crimes case.
The
military court in Rostov-on-Don, southern Russia, upheld a psychiatric
evaluation that found that Colonel Yury Budanov was insane when he
strangled Elsa Kungayeva and committed him for treatment at a clinic,
Agence France-Presse (AFP) reported.
Budanov
has admitted to strangling the 18-year-old woman in March 2000 while
serving in Chechnya, but a psychiatric evaluation released earlier this
month claimed he was insane at the time of the killing.
Deputy
Prosecutor General Alexander Derbenev had asked the court to consider
instead an evaluation carried out in summer 2000 that found that Budanov
was responsible for his actions when he killed Kungayeva, and called for
a 12-year sentence for the army colonel.
But
the military judge presiding over the trial, Colonel Viktor Kostin,
ruled that the latest psychiatric evaluation by Moscow's Serbsky
Institute should stand.
Human
rights activists expressed dismay at the ruling, saying it gave impunity
to soldiers guilty of human rights abuses in Chechnya.
"The
Budanov case was so clear-cut and yet the murderer has escaped
punishment," Tatiana Kasatkina from the Russian human rights group,
Memorial, told AFP.
"There
is no hope any more for Chechens that the crimes of Russian forces
against the civilian population will be punished," she added.
The
Russian presidential human rights ombudsman, Oleg Mironov, also
expressed concern at the ruling.
"If
mentally abnormal, insane people command regiments and direct military
actions in Chechnya... it is a very alarming symptom which makes one
think of reforming our armed forces and looking for a political solution
to the Chechen problem," Mironov told Moscow Echo radio.
The
deputy chairman of the State Duma lower house of parliament's defense
committee, Alexei Arbatov, warned that the decision to acquit Budanov of
murder could derail efforts to normalize the situation in Chechnya.
But
Budanov's lawyer, Anatoly Mukhin, defended the verdict as "legal
and justified."
Army
veterans who were at the courthouse shouted with joy and congratulated
the defense team. Budanov was not present for the hearing.
Kungayeva's
family had accused doctors of conducting a biased evaluation aimed at
exonerating Budanov, the first high-ranking military figure to be
brought to trial on such a serious offence since Russian troops
re-entered Chechnya in October 1999.
"The
military did not want to surrender one of their own. They got the upper
hand and showed their strength. This amounts to an endorsement of
illegal actions," said Kasatkina from Memorial.
A
representative of the family, Abdullah Khamzayev, told AFP that they
would lodge an appeal shortly with the military chamber of the Supreme
Court and expressed confidence that prosecutors would do so as well.
Budanov
abducted, beat, raped and murdered Kungayeva from a Chechen village on
suspicion of being a sniper. He brought her to his military base,
interrogated her and strangled her.
The
investigation found that Budanov and three of his subordinates kidnapped
Kungaeva at gunpoint from her home in Tangi-Chu and took her to
Budanov's quarters. After he was alone with Kungaeva for about two
hours, Budanov ordered his subordinates, who stood guard outside, to
bury her naked corpse, Human Rights Watch said.
He
had faced a maximum of 20 years in prison if found guilty of murder.
Prosecutors
had thrown out a separate charge of rape against Budanov.
The
trial, which has already dragged on for some two years, has been seen as
a test case of Russia's readiness to prosecute human rights violations
in Chechnya, where its forces have been accused of numerous abuses.