MOSCOW, December 5 - RAPSI, Diana Gutsul. On Wednesday the Moscow City Court upheld an appeal against the ruling of the Moscow Lefortovsky District Court, which obligated the Investigative Committee to initiate a case regarding officials who committed violations during the storming of the Dubrovka Theater, the court told the Russian Legal Information Agency (RAPSI/rapsinews.com).

Therefore the issue on considering the case has been submitted for reconsideration to the court of first instance.

In October 2002, 40 terrorists held an audience of over 900 people hostage at the Dubrovka theater in Moscow. After three days of negotiations, security forces released an undisclosed gas into the theater to sedate the terrorists, and then stormed the building. The gas is being blamed for the deaths of 130 hostages.

Previously, the committee refused to initiate a criminal case regarding the officials who committed the violations.

In response to the committee's refusal to open a case against the officials involved, Igor Trunov , who represents the victims' relatives, filed a complaint with a district court to hold the investigators' office liable for the failure to consider his charges, declaring their inaction unlawful and unfounded.

The Investigative Committee stated that a criminal case was also denied to politician Boris Nemtsov on December 31, 2002 over similar a complaint. The reason given at the time was that none of the officials' actions constituted a crime. The Investigative Committee sees no grounds to reverse the previous decision.

Trunov stated previously that a criminal case should be initiated under the Criminal Code for concealing information about circumstances that threaten the life or health of an individual, or lead to accidental manslaughter or the accidental infliction of harm as a result of negligence.

The aggrieved parties filed a complaint with the European Court of Human Rights against the authorities in 2003. On December 20, 2011, the court held in favor of the applicants, but also ruled that the authorities did not violate anyone's civil rights by using the gas. The ECHR ruling to recover about 1.3 million euro from Russia came into effect after being appealed with the courts Grand Chamber.