MOSCOW, February 28 - RAPSI. The Lefortovsky District Court in Moscow has dismissed the complaint filed against the investigating officer who refused to initiate a criminal case against the officials in charge of the hostage release operation at the Dubrovka Theater in 2002, the court told RAPSI.
Lawyer Igor Trunov wrote in the complaint that the investigator violated legislation by refusing to open a case.
The court decision reads that there are no grounds for considering the investigating officer's actions illegitimate as he did not violate any provisions of the Criminal Code.
The Justice Ministry forwarded a Russian translation of the ruling of the European Court of Human Rights (ECHR) to the court, which mentions "the ineffectiveness of the investigation into the allegations of the authorities' negligence in planning and carrying out the rescue operation."
The document was provided at the court's request.
In October 2002, a group of 40 terrorists held an audience of over 900 people hostage at the Dubrovka Theater. After three days of negotiations, security forces released an undisclosed gas into the building to sedate the terrorists, and then stormed the building. The gas is being blamed for the deaths of 130 hostages.
Relatives of those who died insisted on a thorough investigation, but their request was dismissed.
Following the Investigative Committee's refusal, Igor Trunov, who represents the victims' relatives, filed a complaint with a Moscow district court to hold the investigators liable for their inaction.
Investigators provided no clear arguments for their refusal to initiate a criminal case, Trunov said.
Opposition politician Boris Nemtsov also called for opening a criminal case, but his request was dismissed on December 31, 2002. The Investigative Committee's argument at the time was that none of the officials' actions constituted a crime. The committee saw no grounds to reverse its decision.
Trunov argued for initiating a criminal case under the Criminal Code article on concealing information about circumstances that endanger the life or health of an individual, or lead to involuntary manslaughter or negligent infliction of harm.
Relatives of the Dubrovka hostages filed a complaint with the ECHR against Russian authorities in 2003. On December 20, 2011, the ECHR held in favor of the applicants, but also ruled that the authorities did not violate anyone's civil rights by using gas.
On November 2, 2012, the Lefortovo District Court of Moscow ruled that a case be initiated into the aftermath of the terrorist attack.