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Russian Colonel Re-tried For Killing Chechen Girl

Budanov accused of strangling a Muslim young lady in cold blood 

MOSCOW, March 1  (IsalmOnline.net & News Agencies) - Russia's Supreme Court ordered Friday, February 28, a re-trial of a Russian army colonel, quashing a military court's decision to clear him from the responsibility of killing a Muslim girl while serving in Chechnya.

Military prosecutors had demanded to have the verdict, handed down on December 31 last year against Colonel Yury Butane, overturned and a new trial launched on such a landmark human rights case, Agene France-Presser (AFP) reported Saturday, March 1.

The military collegiums of the Supreme Court has "asked the North Caucasus court to re-examine the case from scratch with new judges," said a spokesman for the military prosecutor's office, Vladimir Milovanov.

"Colonel Budanov will stay in custody until then," he added.

The Supreme Court explained its ruling by saying that "the facts were not taken into consideration by the North Caucasus tribunal" and pointed to "numerous procedural violations."

The court also noted that Colonel Budanov had been commanding his tank regiment "with success" at the time of the killing and was taking part in all military operations, and therefore in full possession of his senses.

The victim's father said he was surprised and overjoyed at the ruling.

"It's a just decision, I wasn't expecting it. I thank the court and the courageous people from the military prosecutor's office,” Visa Kungayev said outside the courthouse.

Kungayev also appealed the decision of the military court in Rostov-on-Don, southern Russia, which upheld a psychiatric evaluation that found that Colonel Yury Budanov was insane when he strangled Elsa Kungayeva in March 2000.

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-invaded Chechnya in October 1999.

Budanov, who admitted to strangling the 18-year-old young lady, was committed for treatment at a psychiatric clinic but has remained in jail while the appeal was heard.

The case, which has attracted worldwide attention, is seen as test of Russia's readiness to prosecute human rights violations in Chechnya, where its forces have been accused of kidnappings, rape and summary executions.

The original ruling provoked widespread protest from human rights activists, who said it effectively gave impunity to soldiers who committed human rights abuses during the much-criticized war in Chechnya.

Budanov abducted Kungayeva, 18, from a Chechen village allegedly on suspicion of being a Chechen fighter.

He brought her to his military base, interrogated her and strangled her cold-bloodedly.

It was also established that Kungayeva had been raped, but prosecutors threw out that charge. Budanov had faced a maximum of 20 years in prison if found guilty of murder.

The trial, which has already dragged on for some two years, comes against a growing wave of brutal exactions perpetrated by Russian forces on Chechen civilians.

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