Information Documents

SG/Inf(2001) 12           Addendum

17 April 2001

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Addendum to the Seventh Interim Report by the Secretary General on the presence of Council of Europe’s Experts in the Office of the Special Representative of the President of the Russian Federation for ensuring Human Rights and Civil Rights and Freedoms in the Chechen Republic

Additional information

provided by the Secretary General

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Introductory remarks

1.      In the present document, the Secretary General provides the Ministers' Deputies with additional relevant information on the situation of democracy, human rights and the rule of law in the Chechen Republic, Russian Federation, for the period mid-March – mid-April 2001 (see decision of the Ministers’ Deputies of 10 October 2000, CM/Del/Dec(2000)725, item 1.7)[1].

Parliamentary Assembly (PACE)

2.      The first meeting of the Joint Working Group on Chechnya, made up of representatives of the Parliamentary Assembly and the Russian State Duma took place in Moscow on 21-22 March 2001. According to the Assembly Rapporteurs Lord Judd and Lord Bindig, the main objective of this meeting was to assess the human rights situation in Chechnya and progress on systematic, credible and exhaustive criminal prosecutions of human rights violations, in particular crimes committed by members of the federal forces against the civilian population. In this context, the group also focused on the state of investigation of alleged mass killings and mass graves as well as the fate of all missing persons.

3.      The next Working Group’s meeting will focus on the political solution to the conflict whereas refugees and internally displaced persons will be dealt with at its third meeting.

European Court of Human Rights (ECourt)

4.      Since mid-February 2001, five more applications concerning human rights violations allegedly committed by members of Russian security forces in Chechnya have been received by the European Court of Human Rights, including two complaints presented by the Russian organisation “Memorial” (ECourtHR Registry).

European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)

5.      From 19 to 23 March 2001 the CPT carried out a visit to the Chechen Republic of the Russian Federation. The delegation met several Russian officials as well as representatives of the human rights organisation “Memorial”. They visited a number of detention facilities, including Chernokozovo, hospitals and the Forensic Bureau of the Chechen Republic (CPT, 27.3.2001). According to information collected by Amnesty International, just a few days before the CPT visit to Chernokozovo, the Russian authorities reportedly removed about 300 detainees from the camp to another location in the village of Stanitsa Chervlyonnaya in Chechnya (see AI document EUR 46/20/00, 24.3.2001).

European Union (EU)

6.      The EU reiterated its strong concerns over the situation in Chechnya and stressed the need for a political solution to the conflict as a matter of urgency. The EU is seriously concerned about the lack of security and the human rights situation. It pointed out that all violations of human rights and international humanitarian law, as well as criminal acts, whether committed by Russian security forces or Chechen fighters, must be investigated thoroughly and promptly and the perpetrators brought to justice. In this respect, the EU reiterated its specific concern about the very small number of charges brought against members of the Russian federal forces allegedly involved in human rights abuses (EU Statement on the report by the Council of Europe Commissioner for Human Rights on his visit to the Russian Federation and the Republic of Chechnya, 28.3.2001; see also Conclusions of the Stockholm European Council, 23-24.3.2001).

United Nations (UN)

7.      At the 57^th session of the UN Commission on Human Rights, the UN High Commissioner for Human Rights, Mary Robinson, presented her report on the situation in the Chechen Republic of the Russian Federation and, inter alia, expressed her concerns about allegations of continued human rights violations in Chechnya and criticisms of the Russian authorities' response in this regard. She noted that none of the constructive mechanisms put in place by the Russian authorities is in a position to conduct a full independent inquiry and thus recommended that an independent, wide-ranging inquiry be launched to address human rights concerns. She also noted that humanitarian agencies continue to be severely restricted in their activities, primarily due to security reasons (UN, 29.3.2001; in this context, see document E/CN.4/2001/36, 20.2.2001). According to the Russian Ministry of Foreign Affairs, complex problems identified by Mary Robinson cannot be tackled without any excesses or miscalculations. The Ministry indicated that a Joint Working Body - which will include the representatives of the Prosecutor General's Office of Russia and Mr Kalamanov’s Office - is being set up to provide additional control over the efficiency in the prosecutor's office examination of complaints about human rights abuses in Chechnya (Ministry of Foreign Affairs, Daily News Bulletin, 3.4.2001).

8.      The Office of the UN High Commissioner for Refugees (UNHCR) has finalized an agreement with the Russian organisation “Memorial” to strengthen independent legal counselling centres (with Chechen lawyers) in Grozny and Urus-Martan. UNHCR's overall protection strategy for Chechnya includes continued support for Mr Kalamanov's Office, as well as assistance to the Council of Independent Lawyers active in the Republic. Protection support activities in the Republic includes technical assistance as well as training for relevant organisations and government agencies. The Council of Europe and the International Committee of the Red Cross (ICRC) are key international partners in this regard (UNHCR Update to the North Caucasus, March 2001).

9.       The humanitarian consequences of the events in the northern Caucasus has given rise to serious concern for some 330,000 internally displaced persons (IDPs) and 690,000 residents in the Chechen Republic and the Republic of Ingushetia. The UN has indicated that the most likely scenario for 2001 is that, initially, few people will choose to return to Chechnya (or – with respect to IDPs within Chechnya - to their place of origin) but that, provided there is a reduction in tension and a stronger effort for the rehabilitation of infrastructures, a sustained return to the Republic could come about (UN Office for the Coordination of Humanitarian Affairs (UN-OCHA), 21.3.2001).

Russian institutions

10.  The Special Representative of the President of the Russian Federation for ensuring Human Rights and Civil Rights and Freedoms in the Chechen Republic, Vladimir Kalamanov, assured that human rights violations and crimes would not be ignored or hushed-up regardless of their perpetrators, and that all those responsible would be brought to justice in accordance with the law. He pointed out that practical steps were being taken so as to reinstall judicial authority in the region and to create an effective judicial system there. According to information made available to his Office, seven servicemen, including Colonel Budanov, have been brought to court for various crimes committed against the local population. However, he stressed that international humanitarian assistance in fact did not reach Chechnya proper (Statement by Vladimir Kalamanov at 57^th session of the UN Commission on Human Rights, 5.4.2001). In response to the request for an international independent inquiry on human rights abuses in the Chechen Republic, Mr Kalamanov stated that his Office proved to be independent enough for this task; in addition, he had Council of Europe experts working in his Office who could report freely to the Secretary General of the Organisation (Interview of Mr Kalamanov made on 9.4.2001, available on this site: http://www.nns.ru/interv/int3411.html).

11.  According to data provided by the Russian military prosecuting bodies, 62 cases, including about ten murders, concern alleged human rights violations committed by servicemen against the local population. The General Prosecutor of the Russian Federation, Vladimir Ustinov, stated that human rights violations committed by Russian servicemen had indeed occurred during the anti-terrorist operation, but these violations remain isolated cases (Interfax, 22.3.2001). He further stated that if the competent Russian authorities need assistance in this respect, they should not be ashamed to ask for it. However, they do not need it presently. His Office has opened investigations into 200 separate cases of persons missing who had been detained by Russian forces (see Radio Free Europe/Itar-Tass, 23.3.2001).

12.  A working group, under the chairmanship of the Russian Minister responsible for co-ordinating the activities of the federal authorities on the social and economic development of Chechnya, Mr Vladimir Yelagin, has been set up to deal with policy issues such as access, passes, and customs, as well as to ensure coordination amongst the federal structures. Representatives from the EU, the UN, and ICRC took part in its first meeting on 27 March 2001 (see UN-OCHA, Humanitarian Action in the Northern Caucasus Information Bulletin, 16-31.3.2001).

Non-Governmental Organisations

13.  In a joint statement, Amnesty International (AI), Human Rights Watch (HRW), International Commission of Jurists (ICJ), International Federation of Human Rights Leagues (FIDH), International League for Human Rights (ILHR), Médécins du Monde (MdM) and the “Memorial” Human Rights Centre noted that, since the adoption of the UN Commission on Human Rights Resolution one year ago, there appear to have been no effective domestic prosecutions, no national commission of inquiry has been established, and none of the national bodies set up has the capacity or the attributes required to take sufficient, effective and adequate steps toward bringing perpetrators of human rights violations to justice. It is this ongoing environment of impunity that facilitates continued, serious abuses (see AI document EUR 46/011/2001, 2.4.2001).

14.  In its last report, HRW pointed out that alleged disappearances of detainees in the custody of Russian federal forces in Chechnya remains a major human rights problem that the Russian government and the international community must address. The discovery of the mutilated corpses of some of the alleged missing persons has substantiated fears that the said persons had been tortured and summarily executed. HRW has documented at least eight makeshift graves containing mutilated bodies of individuals that bore unmistakable marks of torture. In another eight cases, the corpses were dumped by the side of a road, on hospital grounds or elsewhere. The Russian authorities have not fulfilled the obligation to diligently investigate alleged disappearances and hold their perpetrators accountable. They have not committed the necessary resources to investigations, nor are they empowering the relevant agencies to conduct them (HRW, Report of March 2001, Vol. 13, No. 1 (D)).

15.  With respect to the mass grave discovered near the Khankala military base, HRW stressed that the Russian Government has failed utterly to conduct a credible investigation. In this context, HRW criticized the international community for failing to react appropriately to the discovery of the grave, as “[i]nstead of forcefully demanding a full investigation of the mass grave and offering to provide technical and expert assistance in doing so, the international community silently stood by while the Russian government botched the investigation” (HRW, 2.4.2001; in this connection, see SG/Inf(2001)8-Add, para. 15; for more details, see HRW memorandum of 16.4.2001 and new information provided by “Memorial”, 19.3.2001).

16.  According to the Norwegian Refugee Council (NRC), humanitarian agencies operating in Chechnya face immense difficulties in determining the number of persons currently displaced in Chechnya. The problems of access to the population and the mobility of the displaced persons between Chechnya and neighbouring Ingushetia explain the discrepancies in figures provided by humanitarian agencies. In Ingushetia, the main concern has been the premature return of the displaced persons to Chechnya which the Federal authorities have been regularly trying to impose by various means. Federal officials recently expressed their hope that camps in Ingushetia would be closed by the end of 2001. International agencies however continue to consider that security conditions and rehabilitation efforts in Chechnya are still inadequate for large-scale return (NRC, Country Profile Update on Internal Displacement in the Russian Federation, 23.3.2001).