Insanity finding sours Chechnya rape trial
The Guardian, by Nick Paton Walsh in Moscow, Tuesday December 17, 2002

A Russian on trial for raping and killing a girl of 17 - the first senior officer held to account for one of the numerous atrocities committed by the Russian army in Chechnya - has been declared to have been temporarily insane at the time of the attack and will probably not be jailed.

Colonel Yuri Budanov allegedly raped Elza Kungayeva in March 2000, strangled her, and ordered his troops to bury her body.

His trial has been promoted by the military establishment as a milestone in Russia's attempt to improve its human rights record in Chechnya. Monitors have accused federal troops of torturing and murdering civilians during "anti-terrorist operations".

It has become a highly charged event, seized upon as deeply significant by both sides of the conflict.

The army says he has been victimised by liberals who do not understand the nature of war. Chechen separatists and human rights campaigners believe the trial gave Moscow the opportunity to crack down on abuses in Chechnya.

It became clear when he went on trial in February 2001 that his defence was that he was temporarily insane at the time of the murder. It was argued that Kungayeva was a Chechen sniper and that the colonel lost control during the attack.

Her relatives said he murdered her in a drunken rage.

Yesterday's statement by psychiatrists from the Serbsky Institute in Moscow to a closed court was that Col Budanov was temporarily "unaware of the meaning" of what he was doing and should be given psychiatric treatment.

The statement was made public by his lawyer, Alexei Dulimov, who said he would press for the officer to be acquitted and given compulsory treatment.

Kungayeva's family were not present and asked for a delay of five days. Her father Visa said at a refugee camp on the Chechen border: "I served in the Soviet army ... It's a shame that insane colonels serve in the Russian army today and kill civilians. I don't believe he is insane. How can he be insane? He looks like a smart man."

http://www.guardian.co.uk/international/story/0,3604,861289,00.html

refusing to kill