Progress report on the activities of the Joint Working Group on Chechnya
Doc. 9227
24 September 2001
comprised of members of the Parliamentary Assembly of the Council of Europe and of the State Duma of the Federal Assembly of the Federation of Russia
presented by Lord Judd and Mr Dmitri Rogozin, co-chairmen of the Joint Working Group on Chechnya
1. Introduction
In its Resolution 1240 (2001) on the “conflict in the Chechen Republic – recent developments” adopted in January 2001, the Assembly decided to set up a joint working group composed of representatives of the Parliamentary Assembly and of the State Duma (cf. Appendix 1) to keep under constant review the progress made on the Assembly’s recommendations as well as on the recommendations formulated by the State Duma following a hearing held in September 2000 in Moscow.
The Assembly’s requirements of the Government of the Russian Federation, as formulated in Resolution 1227 (September 2000) and Resolution 1240 (January 2001) can be summarised as follows:
- expedite its search for a political solution to the conflict, including negotiations without preconditions with both civilian leaders and the Chechen military commanders;
- establish a consultative body comprised of respected Chechen leaders with the role of national reconciliation and responsibility for preparing the future self-governing status of the Chechen Republic;
- investigate all alleged mass killings of the civilian population by Russian troops, not least those reported in AlkhanYurt (December 1999), Staropromyslovski (January 2000) and Aldi (February 2000), and prosecute the perpetrators of these acts;
- ensure that the Military Prosecutor’s office undertakes systematic, credible and exhaustive criminal prosecutions of those members of the federal forces implicated in war crimes and other human rights violations;
- stop all illegal practices at checkpoints, in particular harassment and extortion, while actively limiting the number of checkpoints to an absolute minimum;
- stop all illegal and arbitrary arrests and detentions and any physical or mental abuse of those held in detention;
- clarify the fate of all missing persons including public figures like Ruslan Alikhodzhiyev, former Speaker of the Parliament of the Chechen Republic;
- restore an effective judiciary in the Chechen Republic;
- accelerate the issue of identity documents;
- provide compensation for the loss and destruction of property during the conflict;
- speed the return of refugees and displaced people to their own homes and, in the meantime, ensure their full rights, security and dignity inside the Chechen Republic and elsewhere in the Russian Federation including Moscow.
- limit its lawenforcement operations in the Chechen Republic to what is absolutely necessary for the protection of its forces, local authorities and the population;
- ensure freedom of movement of the civilian population in the Chechen Republic;
- ensure maximum freedom of movement for the media in the Chechen Republic;
- grant access to those international humanitarian organisations and NGOs willing to commence operations in the Chechen Republic where the security of their staff can be ensured.
2. Activities of the JWG between January and September 2001
During this period, the JWG held the following meetings:
Moscow 21-22 March 2001 (cf. conclusions in Appendix 2)
Prague 24-25 May 2001 (cf. conclusions in Appendix 3)
Strasbourg 29 June 2001 (cf. conclusions in Appendix 4)
Moscow 13-14 September 2001
Strasbourg, 21-22 September 2001
Two progress reports on the activities of the JWG were presented to the Bureau of the Assembly in April 2001 and in June 2001 and became public documents in the form of an appendix to the Bureau’s progress reports during the respective periods.
At its first meeting, the JWG decided to deal with the following three priority subjects in 2001:
- finding a political solution to the conflict;
- respect for human rights;
- humanitarian situation.
3. Finding a political solution to the conflict
In its January 2001 Resolution, the Assembly:
- stressed that without a political solution, which is acceptable to the majority of the Chechen people, there cannot be any lasting stability in the Chechen Republic; and that only an elected Chechen government can provide a sustainable basis for civilian order to take place of the predominant influence of the military;
- called on the highest Russian authorities to give firm, unequivocal and public assurances that the Chechen people will be able freely to elect their own political representatives who will be accountable to them;
- called on the Russian authorities to take prompt intermediate action in this respect, for example by establishing a consultative body comprised of respected Chechen leaders with the role of national reconciliation and responsibility for preparing the future self-governing status of the Chechen Republic.
The JWG stressed that a solution should not be imposed on the people of Chechnya and that a wider consultation with Chechen representatives on any proposal for a political solution is necessary.
Accordingly, the JWG has started the consultations with Chechen representatives, which included:
- the consultation on 25 May 2001 in Prague with three Chechen representatives – one of Mr Kadyrov’s administration, one of Mr Maskhadov and one of the Chechen diaspora in Russia;
- the consultation on 14 September 2001 in Moscow with a cross section of Chechen representatives (politicians, business people, civil society representatives, intellectuals);
- the consultation on 21-22 September 2001 in Strasbourg to which again a cross section of Chechens (cf. appendix 5) was invited from, amongst those who are prepared to commit themselves to a peaceful solution and the renunciation of violence. All participants were invited to submit their proposals for a political solution to be discussed at this consultation. The JWG endevoured to invite a genuine cross-section of Chechens, from inside and outside the Russian Federation, from Chechnya itself and from Ingushetia, as well as representatives of Mr Maskhadov. The JWG greatly regretted that in the event Mr. Maskhadov issued a statement barring his representatives from participating.
At the Prague meeting, the Duma members of the JWG proposed a political solution based on the creation of a Chechen “public consultative body”, whose main tasks would be as follows: to prepare a draft constitution of the Chechen Republic, to prepare new elections in Chechnya and to supervise the activities of the Chechen administration.
The only other written proposal was presented by Mr Visaev, proposing to convene a large “All Peoples National Congress” of Chechens, which should elect a“ Public Council” with some executive powers and prepare new elections.
In the opinion of the Co-Chairmen, the most significant outcome of the consultation was that Chechens representing various political backgrounds started to talk with each other and despite their bitterness and disagreements were able to agree on certain points.
Firstly, the Chechen participants in the consultation agreed unanimously that everything possible has to be done in order to stop the violence in Chechnya.
Secondly, they supported in principle the establishment of a public consultative body in which the people of Chechnya could freely formulate and express their position with regard to the situation in the republic and its future. Nobody objected to the principle that this body should include the widest possible cross-section of political and public elements in Chechen society and represent different views regarding the ways in which to stop the conflict. The composition and working agenda of this body remain to be discussed.
Thirdly, a number of Chechen representatives emphasized that the Chechen people themselves must be much more active in the search for a solution. They also advocated the idea that law-enforcement agencies should be composed mostly of Chechens who should be responsible for establishing order.
The political process is still obviously far from being sufficiently strong. However, the consultation may hopefully has sown the seeds for future solutions. At least, the readiness of people with opposing views to talk to each other is encouraging. Also encouraging is the intention of the Chechen representatives to form a working body to prepare for the holding of a larger-scale gathering of cross-section of Chechen public activists to move ahead towards the formation of a truly representative body.
In this regard, the JWG regrets the decision of Mr .Maskhadov to bar his representatives from taking part (although representatives of NGOs clearly sympathizing with Maskhadov and recognizing him as president did participate) thus missing an opportunity to become engaged in a dialogue with his compatriots. During the discussion the view was strongly expressed by some that it was essential to continue to encourage representatives of Mr.Maskhadov to join the deliberations.
The part played by the Chechens reflects the position of the JWG that any solution and decisions concerning the future of Chechnya must be found and made by the people of Chechnya and Russia, and that the role of the PACE is to assist and facilitate.
At the conclusion of the meeting the Secretary General of the PACE who had chaired the meeting at the request of the co-chairmen summarised the view expressed by the JWG members during the consultation as being that a political solution can only be achieved if the following processes are pursued simultaneously:
- stopping the violence;
- decrease of the number of the Russian federal forces;
- cessation of all human rights violations, investigation of crimes committed in Chechnya and bringing to justice those who committed them;
- confidence-building measures in relations between the federal centre and the population of Chechnya;
- steps towards the establishment of a Chechen public consultative body with a view to making suggestions for the future of the Republic;
- intensification of the social and economic reconstruction of Chechnya (including strict control over the financial means, material resources and humanitarian aid).
The JWG is now one of the few international platforms, if not the only one, where politically meaningful and sufficiently practical discussions on a political solution are currently taking place.
It should be repeated once again – there cannot be any lasting improvements of the situation in the Chechen Republic, in any field, without the existence of civilian Chechen authorities, which are generally recognised and respected by the population.
The JWG underlines that all progress on a political solution is closely linked to general conditions of security, respect for human rights, completion and results of criminal investigations, continued withdrawal of the army, improvement in the humanitarian situation and progress on reconciliation.
Russian Members of the JWG have drawn attention to the statement made by the President of the Russian Federation, V.Putin during his visit to the Northern Caucasus when he declared that "... we are ready for contacts with anybody. But, of course, only on condition that the Constitution of the Russian Federation is strictly observed and covers the territory of all the subjects of the Russian Federation, including Chechnya, which is one of them" and "on condition of obligatory and unconditional immediate disarmament of all bandit formations and extradition to the federal forces of all odious bandits whose hands are in the blood of people of Russia".
4. Human rights situation
In its Resolution 1240 (2001), the Parliamentary Assembly called upon the newly created Joint Working Group to provide it, before the April 2001 part-session, with a detailed list and the current status of all criminal investigations by military and civilian prosecutors into crimes against the civilian population committed by servicemen and members of the special police forces in the Chechen Republic. Such a list was furnished by the Russian military and civilian prosecutor’s offices and internal affairs agencies by mid-April 2001. It was submitted to the Bureau of the Assembly, and distributed – as a confidential document – to the members of the Assembly.
During its meeting in Prague on 24-25 May 2001, the JWG examined and discussed the list, and noted that the list would be updated to contain detailed information on the current stage of the investigations into the most serious crimes, in particular on the alleged mass killings mentioned in the Assembly’s Resolutions, the disappearance of Mr Alikhodzhiyev, former Speaker of the Chechen Parliament, and the new mass graves discovered in the vicinity of the Khankala military base.
Unfortunately, by the third meeting of the JWG on 29 June 2001, no such update was submitted. The JWG thus decided to urge the Russian authorities concerned to present to the Parliamentary Assembly in September 2001 convincing evidence that progress is being made on the investigations into crimes against the civilian population committed by servicemen and members of special police forces in Chechnya, in particular regarding the cases of alleged mass-killings and the disappearance of Mr Alikhodzhiyev.
The JWG visited Moscow on 13 and 14 September 2001, and was given the opportunity to discuss this particular problem at a meeting with the Prosecutor-General, Mr Ustinov and others. While the Prosecutor-General informed the JWG that some investigations into the most serious crimes had been re-opened and that some cases had been concluded, detailed evidence of progress was not available at the meeting. At the same time, the JWG was informed, for example, that the investigation into the disappearance of Mr Alikhodzhiyev could not proceed until Mr Maskhadov could be interrogated by the prosecutors responsible for the file. However, Mr Ustinov undertook to ensure that three representatives of his office would be present in Strasbourg during the September parliamentary part-session of the Parliamentary Assembly, and that a more detailed progress report would be provided in time for that session. The JWG stressed that what was needed was not another report on the processes put in place, but a report on the outcome from these processes.
Due to security concerns, the JWG was unable to follow through with its planned visit to Chechnya in mid-September 2001. Thus, the JWG was unable to gather first-hand information of the human rights situation. However, the JWG has taken note of the public statement by the Committee for the Prevention of Torture (CPT) on Chechnya,(see Appendix 6) and the concern expressed by the Chairman of the Committee of Ministers and the President of the Parliamentary Assembly made in its wake. The JWG has also followed with concern reports of new human rights abuses on the ground and allegations concerning the Russian authorities lack of willingness properly to investigate allegations of past abuses, made by various agencies (including the Council of Europe’s experts working in Mr Kalamanov’s Office), NGOs, and the press.
According to the latest data (of 7 September, 2001) supplied to the Joint Working Group by the Prosecutor General's Office, the Prosecutor's Office dealt with 393 criminal cases concerning crimes committed against the civilian population in Chechnya in general since the beginning of the anti-terrorist operation in the Chechen Republic. The total number of investigations conducted since April 2001 increased by 64 cases.
According to this data, the military Prosecutor's Office considered 100 out of 393 criminal cases of crimes allegedly committed by servicemen against the civilian population in the Chechen Republic. The Military Prosecutor's Office completed the investigation of 38 criminal cases. 31 of these cases were referred to courts among which: 7 - concerned murders, 1 - concerned rape, 7 - concerned the theft of property.
15 servicemen, including 2 officers, were convicted by military court. 2 of these servicemen were sentenced for 9 and 12 years for violent assaults; 1 serviceman was sentenced to 11 years of imprisonment for murder.
31 criminal proceedings were instituted against Ministry of the Interior staff. 9 cases were submitted to the court.
The Prosecutor's Office insists that it has responded to the evidence of possible violations of law by servicemen during the so-called "mop-up" operations in Kurtchaloy district, and in Assinovskaya and Sernovodsk of the Sunzhinsky District of the Chechen Republic. The Prosecutor’s Office explained that preliminary investigations have shown that during these special operations the action of the federal servicemen and the militiamen, in some cases, was indeed excessive. 3 criminal cases were opened on the complaints of the local residents and the head of the district administration concerning the events in Kurtchaloy, and criminal cases were opened with regard to the violation of the rights of residents in Assinovskaya and Sernovodsk involving illegal deprivation of freedom, deliberate infliction of damage to property and the exceeding of official powers, including infringement on the rights of village militiamen and prosecutors to fulfill their duties.
The Prosecutor General of the Russian Federation informed the members of the JWG that in order to prevent violations of the rights of citizens he issued an Order on 25 July 2001 "On increasing supervision over respect for the rights of citizens during check-up of their registration at the places of permanent residence or stay in the Chechen Republic". Under this Order prosecutors are instructed to be present at the premises of local administrations in villages during special operations and to supervise the legality of actions by the military and officers of the Ministry of the Interior, including the legality of detentions. Prosecutors are also obliged, the JWG was told, to ensure that the military commandant's office, the departments of the interior, local administration leaders, and - if necessary - religious leaders and Aldermen are notified of operations.
The Chief Military Prosecutor issued an instruction, JWG members were told, to start collection, registration and analysis of complaints on actions by servicemen affecting the civilian population, as well as to investigate this information together with the Ministry of Defence of the RF, the Ministry of the Interior and the Special Representative of the President of the RF in the Chechen Republic.
The JWG was told that instructions on international humanitarian law have been included in training programmes for the personnel of military units as well as in study programmes of military education institutions. Representatives of the International Committee of the Red Cross are involved in the education process.
5. Others matters
a. humanitarian situation
The JWG met with representatives of UNHCR and NGOs to inquire about the humanitarian situation of the people in Chechnya and of the internally displaced people in Ingushetia.
The JWG planned to visit Chechnya and the camps of internally displaced people in September 2001. The State Duma prepared a programme and made all necessary organisational arrangements for that visit to take place on 14-16 September 2001. Unfortunately, as already indicated, given the uncertain security situation following the recent terrorist attacks in the United States, the Duma decided, upon the advice of the security services, to postpone the visit.
According to the information received from UNHCR, there are still some 150,000 internally displaced people in Ingushetia. Some new arrivals have been reported recently. From the humanitarian point of view, the situation may possibly have stabilised. Howerver the living conditions remain dire and very precarious. The camps need urgently to be prepared for winter and tuberculosis is becoming a serious problem. According to UNHCR, the unsatisfactory security situation in Chechnya is the main factor, which prevents the displaced from return to their homes. Other factors are the lack of housing and unemployment in Chechnya.
Meanwhile, the population in Chechnya itself seems to be in an even more difficult situation. At present, international organisations may be present there, as well as some NGOs, but their legal position is unclear and no international organisations have staff residing with the territory.
The JWG has the firm intention to pursue its work in this field after the September session.
b. economic and social situation
On 14 September in Moscow, some JWG members, including both co-chairmen, met with Mr Yelagin, Minister in charge of social and economic reconstruction of Chechnya. He recognised that the reconstruction efforts are severely hindered by the security concerns and the restrictions to the freedom of movement. Nevertheless, he said that the civilian sector had started to function and it was becoming a realistic alternative to fighting. At present, he claimed, 172.000 pensioners were receiving their pensions and 393.000 families child allowances. Electricity and gas supplies, he said, are being restored and public transport is starting to operate. His three main preoccupations were: unemployment, lack of housing and lack of security.
While JWG took note of Mr Yelagin’s statement, it can obviously only make an objective evaluation of the situation after a visit to the region.
6. Conclusions
The JWG has now been working for six months. The situation is still complex and substantial changes remain to be achieved.
However, while it is too early to speak about substantial, tangible improvements, some positive changes of attitudes must be noted. The meetings of the JWG with the highest Russian representatives in the key-areas, such as the Head of the Federal Security Service and the Prosecutor General have become fora where progress can be honestly assessed and criticism expressed. The JWG is thus thereby exerting continuing political pressure for positive change.
With regard to a political solution, the JWG has now succeeded in initiating consultations with at least some Chechens; and this has potentially opened a new chapter. But, again, a lot more work is obviously necessary if this process is to produce applicable and largely acceptable proposals.
APPENDIX 1
Joint Working Group on Chechnya
of the Parliamentary Assembly of the Council of Europe
and the State Duma
The Parliamentary Assembly
Lord Judd Political Affairs Committee (United Kingdom, SOC), Co-Chairman
Rudolf BINDIG Committee on Legal Affairs and Human Rights(Germany, SOC)
Mats EINARSSON Vice-Chairman of the Committee on Migration, Refugees and Demography(Sweden, UEL)
Lilli NABHOLZ-HAIDEGGER Committee on Legal Affairs and Human Rights(Switzerland, LDR)
Michael SPINDELEGGER Committee on Legal Affairs and Human Rights(Austria, EPP/CD)
László SURJAN Political Affairs Committee(Hungary, EPP/CD)
Lara Margret RAGNARSDOTTIR Political Affairs Committee (Iceland, EDG)
The State Duma
Dmitry ROGOZIN, Leader of the Russian delegation to the Parliamentary Assembly,
Chairman of the Duma’s External Relations Committee
(People’s Deputies) Co-Chairman
Valentin NIKITIN, Chair of the Duma’s Chechnya Committee, (Agro-industrial Faction),
Andrei NIKOLAEV, Chair of the Duma’s Defence Committee (People’s Deputies),
Eduard VOROBIEV, Deputy chair of the Duma’s Defence Committee (Union of Right Forces),
Hapisat GAMZATOVA, Member of the Russian delegation to the Assembly, member of the Duma’s Chechnya Committee (Communist Party),
Nikolai KOVALEV, Member of the Russian delegation to the Assembly (Motherland - All Russia),
Ashot SARKISSIAN, Member of the Duma’s Chechnya Committee (Unity),
Leonid SLUTSKY, Member of the Russian delegation to the Assembly (Liberal Democratic Party of Russia),
Nickolay SHAKLEIN, Member of the Russian delegation to the Assembly (Russian Regions),
Alexandr SHISHLOV, Member of the Russian delegation to the Assembly (Yabloko).
APPENDIX 2
Conclusions of the first meeting
The Joint Working Group on Chechnya, composed of members of the Parliamentary Assembly of the Council of Europe and of the Russian State Duma, held its first meeting in Moscow on 21 – 22 March 2001.
1. Elected its co-chairmen, Mr. Rogozin and Lord Judd
2. Agreed on its working methods
- it will hold at least two more meetings in 2001;
- adopt decisions after each meeting by consensus;
- regularly inform the PACE and the State Duma on its activities;
- prepare a comprehensive report by the end of the currentyear.
3. The Group decided that, within its mandate of keeping under constant review the progress made on the Assembly’s recommendations as well as on the recommendations formulated by members of the State Duma following the hearing in September 2000, it will select priorities, concentrate on the most important issues and try to make suggestions on the most effective ways of implementing the recommendations.
4. The members of the Group emphasize that the Group will work as a single co-operative body and, by establishing this unique mechanism of co-operation between the State Duma and the PACE, pursue the goal of facilitating the normalisation of the situation in the Chechen Republic by promoting dialogue between parliamentarians and with the executive branch as well as contacts of governmental bodies with NGOs.
5. At its first meeting, the Joint Group concentrated on thehuman rights situation in the Chechen Republic with its principle objective being topresent to the PACE, before its April part-session, “a detailed list of all criminal investigations by military and civilian prosecutors into crimes against civilian population committed by servicemen and members of special police forces in the Chechen Republic including their current status” as provided by Resolution 1240. The Joint Group also agreed to analyse, in close co-operation with the working group mentioned in paragraph 13 below, the follow-up given by military and civilian prosecutors to complaints transmitted by Mr Kalamanov’s Office and NGOs.
6. Agreed that the key to a normalisation of the situation in the Chechen Republic and the full observance of human rights on its territory lies in the progress made in finding a political settlement of the conflict, and decided to devote its second meeting, to the discussion of possible steps towards a political solution to the conflict with a view to working out specific suggestions tothe highest ranking Russian authorities.
7. Agreed to concentrate, at its third meeting, to be held in October 2001, on the humanitarian situation in the Chechen Republic.
8. The group agreed to hold these meetings in Moscow or at other locationsin Europe. It will also carry out visits to the region.
9. The Group agreed that the media and NGOs access to the Chechen Republic must improve and will urge the competent authorities to take measures on this issue.
10. The Group agreed that it is important to intensify the dialogue and a regular exchange of information between the NGOs and the authorities and in this respect, andit agreed that hearings on missing persons in Chechnya should be organised the State Duma Commission on Chechnya as soon as possible.
11. Agreed that all documented allegations of human rights violations should be thoroughly investigated and to recommend to the Prosecutor General the appointment of a member of his staff who would be responsible for maintaining contacts with NGOs and whowould inform the Joint Group on the follow-up given to their reports.
12. Agreed to recommend to Mr. Kalamanov that hecontinue and to further expand his good co-operation with NGOs, and in particular with the Russian NGO “Memorial” in Grozny and in other Chechen towns, by inter alia, helping it to continue the secure running of its offices on the ground.
13. Agreed to support the proposal of the CE Human Rights Commissioner to create a working group composed of representatives of the Prosecutor’s Office and of Mr. Kalamanov’s Office to follow-up the action taken on the transmitted complaints.
14. The Group expresses satisfaction with the open and constructive nature of the meetings with the representatives of the Russian authorities.
APPENDIX 3
Conclusions of the JWG meeting in Prague on 24-25 May 2001
- as regards a political solution to the conflict:
- the meeting enabled the JWG to obtain a better understanding of the positions of the different players regarding a political solution;
- the JWG agreed that the establishment of a consultative body of Chechen representatives, which was also called for by the Parliamentary Assembly in its January 2001 Resolution, could be an essential part of a political solution;
- the JWG stressed that a solution should not be imposed on the people of Chechnya and emphasized the necessity to create trust and reconciliation;
- the JWG agreed that the discussions on the a political solution are closely linked to the improvement of the security and human rights situation in Chechnya;
- the JWG agreed that a wider consultation with Chechen representatives on any proposal for a political solution would be necessary;
- the JWG agreed to continue its discussions on the route to a political solution at its next meeting to be held on 29 June 2001 in Strasbourg. The Duma members of the JWG will present a firm proposal based on the Prague discussions
- as regards human rights issues:
The JWG noted that:
- The list of criminal cases involving crimes committed by federal servicemen against the civilian population submitted to the Parliamentary Assembly during the April 2001 part-session would be made available to Mr Kalamanov’s Office.
- According to the information received by the Russian members of the JWG, the Prosecutor’s Office and Mr Kalamanov’s Office working group checked the list of complaints on allegedly unlawful acts committed by servicemen against the civilian population. It was established that Mr Kalamanov’s Office received complaints from more than 2,000 Chechens on 616 such cases. A short summary of these cases was given to the Prosecutor’s Office to verify the follow-up to them. It turned out that 234 criminal cases and 382 operative-and-search cases were opened on complaints coming from Mr Kalamanov’s Office.
- The list would be updated to contain detailed information on the current stage of the investigations into the most serious crimes, in particular on the alleged mass killings in Alkhan-Yurt (December 1999), Staropromyslovski (January 2000) and Aldi (February 2000); the disappearance of Mr Alikhodzhiyev, former Speaker of the Chechen Parliament, and the new mass graves discovered in the vicinity of the Khankala military base.
- The Council of Europe had offered to facilitate the provision of expert and material assistance in the field of forensic investigations.
APPENDIX 4
Joint Working Party on Chechnya between the Parliamentary Assembly of the Council of Europe and the State Duma of the Russian Federation
Conclusions of the 3rd meeting of the Joint Working Group
(Strasbourg, 29 June 2001)
The Joint Working Group agreed:
1. to organise a visit to Chechnya and the North Caucasus region on 13 to 16 September 2001.
The agenda of this visit will include:
- the human rights situation in Chechnya and the progress made in the investigations into crimes committed in Chechnya;
- the humanitarian situation of displaced people;
- a political discussion, with a cross–section of representatives of the Chechen society, on a political solution to the conflict.
2. to organise a two-day consultation on 21-22 September 2001 in Strasbourg on a political solution to the conflict. A wide-ranging representation of Chechens (totalling around twenty persons), who are prepared to commit themselves to a peaceful solution and to the renunciation of violence, will be invited to this consultation. The participants will discuss the proposal of a political solution submitted by the Duma members and discussed by the JWG, as well as proposals from other participants, on the condition that any proposals to be considered will be submitted at least ten days before the beginning of the meeting.
3. to urge the Russian authorities concerned to present to the Parliamentary Assembly in September 2001 convincing evidence that progress is being made on the investigations into crimes against the civilian population committed by servicemen and members of special police forces in Chechnya, in particular those the cases of alleged mass-killings and the disappearance of Mr Alikhodjiyev.
APPENDIX 5 / ANNEXE 5 (BILINGUE)
consultation on a political solution to the conflict in chechnya
consultation sur un règlement politique du conflit en République tchétchène
(STRASBOURG, 21-22 SEPTEMBER 2001)
(Names of those who participated in the meeting are printed in bold)
(Noms des participants à la réunion en caractères gras)
NB: Titles are those given by the representatives themselves
Les titres ont été donnés par les participants
I. Invited on the proposal of the Parliamentary Assembly Co-Chairman
Invités sur proposition du Co-Président de l’Assemblée Parlementaire
Mr Ruslan BADALOV
Chairman of the Movement “Chechen Committee to Save the nation”, Chairman of the Chechen Olympic Committee
Mr Vaha BAJAEV
Chairman of the Association of Prisoners of Filtration Camps
Mrs Lipkan BASAYEVA
Chairperson of the Union of Women of Chechnya (Nazran, Ingushetia)
Mr Seilam BESHAEV
1st Vice-Chairman of the Chechen Parliament
Mr Ousman FERZAOULI
Chechen Ambassador in Denmark
Mr Akhiad IDIGOV
Chairman of the Foreign Relations Committee of the Chechen Parliament, Chairman of the Foreign RelationCommittee of the Chechen Parliament
Mr Ali JOUNOUSOV
Chairman of the Association of Lawyers
Mr Ruslan KUTAEV
Chairman of the Association of the Russian-Chechen Friendship
Mr Akhmad SHSABAZOV
Chechen diasporas, initiators of a proposal for setting-up a “Congress of the Chechen People”
Mr Said TEPS DENI
Chairman of the Congress of the Chechen Diaspora in Russia
Mr Mate TSIKHESACHVILI
Commission for the Search for missing persons
Mr Vagap TUTAKOV
Member of the Chechen Parliament
Mr Ali Chalidovich VISAEV
Chechen Businessman
II. Invited on the proposal of the Russian Co-Chairman
Invités sur proposition du Co-Président russe
Mr Sherip Usamovich ALIKHADZIEV
Head of the Administration of Shalinski District, Chairman of the Council of head of administrations of cities and districts of the Chechen Republic
Mr Alslambek ASLAKHANOV
Deputy, State Duma
Mr Shamil Aminovich BENO
Former Representative of the Chechen Republic in Moscow
Mr Zaindi CHOLTAEV
Member of the Coordinating Council of Chechen cultural and public organization
Mr Vakha DAKALOV
Member of the Coordinating Council of Chechen Civic and Cultural Societies,
Deputy of the Supreme Council of Chechen-Ingush Republic (1988-1991)
Member of Parliament of Chechen Republic (1996, 1997)
Mr Taous DJABRAILOV
First Assistant of the Head of Administration of the Chechen Republic
Mrs Isita Magamedovna GAYRIBEKOVA
Head of the Administration of Nozhai Urtovski District of the Chechen Republic
Mr Bislan Saidievich GANTAMIROV
Senior federal inspector of the Southern Federal District
Mrs Malika GEZIMIEVA
Former head of the administration Gudermes
Mr Kanta Khamzatovich IBRAGIMOV
Writer, Doctor of Economics, Professor
Mr Letcha Makhmudovich ILIASOV
Director of the “LAM” research Center of the Chechen culture
Mr Letcha MAGOMADOV
Chairman of the Political Council of “Edinstvo” Party in Chechen Republic
Mr Said-Khamzat Makhmudovich NUNUEV
Deputy of the Supreme Soviet of the Chechen Republic (1996), Counselor of the International Community of writers’ union
Mr Ziyaudin TERLOEV
Co-Chairman of the Union of Chechen Entrepreneurs, Member of Expert Council of the State Duma Commission on Chechnya
Mr Akhmar Gapurovich ZAVAGAEV
Member of the Federation Council of the Federal Assembly of the Russian Federation
Mr Shaid ZHAMALDAEV
Chairman of the Consultative Council of the Chechen Republic
APPENDIX 6
European Committee for the Prevention of Torture: Public statement concerning the Chechen Republic
STRASBOURG, 10.07.2001.- The Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has issued today the attached public statement concerning the Chechen Republic of the Russian Federation.
The public statement is prompted by the Russian authorities' failure to cooperate with the CPT in relation to two issues: i) the carrying out of a thorough and independent inquiry into events in a detention facility at Chernokozovo during the period December 1999 to early February 2000; ii) action taken to uncover and prosecute cases of ill-treatment of persons deprived of their liberty in the Chechen Republic in the course of the current conflict.
To date, the CPT has visited the North Caucasian region of the Russian Federation on three occasions : 26 February to 4 March 2000, 20 to 27 April 2000, and 19 to 23 March 2001. The preliminary observations made by the CPT delegation which carried out the first visit were published on 3 April 2000, with the authorisation of the Russian authorities. The publication of other CPT documents setting out the Committee's findings in the North Caucasian region has so far not been authorised by the Russian authorities.
The CPT's public statement concerning the Chechen Republic is made under Article 10, paragraph 2, of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. Article 10 (2) provides that if a Party to the Convention "fails to cooperate or refuses to improve the situation in the light of the Committee's recommendations, the Committee may decide, after the Party has had an opportunity to make known its views, by a majority of two-thirds of its members to make a public statement on the matter."
This is the third time in 11 years that the CPT has used its power under the Convention to make a public statement.
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The CPT was set up under the 1987 European Convention for the prevention of torture and inhuman or degrading treatment or punishment. 41 of the 43 member States of the Council of Europe are bound by the Convention: Albania, Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, the Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, "The former Yugoslav Republic of Macedonia", Turkey, Ukraine and the United Kingdom.
The CPT is composed of persons from a variety of backgrounds: lawyers, medical doctors, police and prison experts, persons with parliamentary experience, etc. The Committee's task is to examine the treatment of persons deprived of their liberty. For this purpose, it is entitled to visit any place where such persons are held by a public authority and to interview those persons in private. The Committee may formulate recommendations to strengthen, if necessary, their protection against torture and inhuman or degrading treatment or punishment.
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Further information about the CPT may be obtained from:
- the CPT's Internet Site: www.cpt.coe.int
- the Council of Europe Press Department:
Sabine ZIMMER tel. +33/(0)3 88 41 25 97 , Cathie BURTON tel. +33/(0)3 88 41 28 93
fax +33/(0)3 88 41 27 90 ; E-mail pressunit@coe.int
- the CPT's Secretariat: tel. +33/(0)3 88 41 39 39; fax: +33/(0)3 88 41 27 72; E-mail cptdoc@coe.int
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Public statement concerning the Chechen Republic
of the Russian Federation
(issued on 10 July 2001)
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Since the beginning of the current conflict in the Chechen Republic, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has visited the North Caucasian region on three occasions. For the last eighteen months, the Committee has striven to maintain a constructive and sustained dialogue with the Russian authorities on various issues related to the treatment of persons deprived of their liberty in that part of the Russian Federation. Following an exchange of detailed correspondence in May and June 2001, it has become clear that this dialogue has reached an impasse on at least two issues of great concern to the CPT*. Those issues relate to:
I. events in the early stages of the conflict in a detention facility located at Chernokozovo, a village in the north-west of the Chechen Republic;
II. action taken to uncover and prosecute cases of ill-treatment of persons deprived of their liberty in the Chechen Republic in the course of the conflict.
I. The information gathered by the CPT during its visits to the North Caucasian region in late February/early March and in April 2000 strongly indicated that many persons were physically ill-treated in a detention facility at Chernokozovo during the period December 1999 to early February 2000. Ever since the beginning of March 2000, the CPT has been urging the Russian authorities to carry out a thorough and independent inquiry into events at this detention facility during that period. To date, an inquiry of the kind requested by the CPT has not been carried out and the Russian authorities have now made it clear that they have no intention of organising such an inquiry. A particularly disturbing aspect of the Russian authorities' current position is their contention that no facilities intended for accommodating detainees were established by public authorities in the area of Chernokozovo during the period referred to by the CPT.
It is an indisputable fact that a detention facility operated at Chernokozovo during the period December 1999 to early February 2000, prior to the formal setting up in that village of a pre-trial establishment (SIZO N° 2) by a Ministry of Justice Order dated 8 February 2000. The CPT's delegation interviewed many persons who stated that they had been held in a detention facility at Chernokozovo during that period. Numerous Russian officials (prosecutors, investigators, custodial staff) met by the delegation confirmed that the establishment designated as from 8 February 2000 as SIZO N° 2 had prior to that date been used as a detention facility. The CPT is in possession of a copy of the medical journal of the establishment covering the period 8 November 1999 to 12 February 2000, in which the day by day arrival of detainees (and any injuries they bore) was recorded; the staff who completed that journal referred to the establishment first as an "IVS" (temporary detention facility) and at a later stage as a "temporary reception and distribution centre". The Russian authorities have themselves, in earlier correspondence, provided to the CPT written statements signed by officers attesting to the fact that they worked in the detention facility during the period December 1999 to early February 2000 as well as written statements signed by persons who certified that they were held at Chernokozovo during that period.
The Russian authorities' contention that no detention facilities were established by public authorities at Chernokozovo during the period in question (and that, as a result, an inquiry of the kind requested can serve no purpose) is clearly untenable and constitutesa failure to cooperate with the CPT.
II. Quite apart from the specific question of the detention facility at Chernokozovo, the information gathered by the CPT's delegation in the course of its February/March and April 2000 visits indicated that a considerable number of persons deprived of their liberty in the Chechen Republic since the outset of the conflict had been physically ill-treated by members of the Russian armed forces or law enforcement agencies. In the report on those two visits, the CPT recommended that the Russian authorities redouble their efforts to uncover and prosecute all cases of ill-treatment of persons deprived of their liberty in the Chechen Republic in the course of the conflict. The Committee made a number of remarks of a practical nature intended to clarify the precise form those efforts might take. More generally, the CPT stressed that it was essential for the Russian authorities to adopt a proactive approach in this area.
The response of the Russian authorities to this key recommendation was very unsatisfactory. No concrete information was provided as regards the action taken by the Russian authorities - and in particular by the prosecutorial services - to step up inquiries into the treatment of persons deprived of their liberty by members of the Russian armed forces or law enforcement agencies and to bring to justice those responsible for ill-treatment.
As was stressed in a letter sent to the Russian authorities on 10 May 2001, the CPT's concerns in this regard are all the greater given that in the course of the Committee's most recent visit to the Chechen Republic, in March 2001, numerous credible and consistent allegations were once again received of severe ill-treatment by Federal forces; in a number of cases, those allegations were supported by medical evidence. The CPT's delegation found a palpable climate of fear; many people who had been ill-treated and others who knew about such offences were reluctant to file complaints to the authorities. There was the fear of reprisals at local level and a general sentiment that, in any event, justice would not be done. It was emphasised to the Russian authorities that they must spare no effort to overcome this deeply disturbing state of affairs.
In its letter of 10 May 2001, the CPT called upon the Russian authorities to provide a full account of action taken to implement the above-mentioned recommendation. In that connection, it requested details of measures apparently envisaged to reinforce the different prosecutorial services involved in investigating allegations of ill-treatment, to improve cooperation between those services, and to ensure a better follow-up of complaints of unlawful actions by military forces and law enforcement agencies. The CPT also made proposals designed to reinforce the support provided to the criminal justice system by the forensic medical services in the Chechen Republic. Further, the CPT requested up-to-date information from both the Chechen Republic Prosecutor's Office and the Military Prosecutor's Office concerning cases which involve allegations of ill-treatment of persons deprived of their liberty in the Chechen Republic. More specifically, the CPT asked for a detailed account of progress made concerning the criminal investigation into the deaths of those persons (apparently 53 in number) whose bodies were found on a datcha estate not far from Khankala in February 2001. According to the information gathered during the March 2001 visit, there were clear indications on some of the bodies that the deaths were the result of summary executions; further, certain of the bodies had been identified by relatives as those of persons who had disappeared following their detention by Russian forces. The CPT underlined that this case could be seen as a test of the credibility of the criminal justice system vis-à-vis events in the Chechen Republic.
In their reply forwarded on 28 June 2001, the Russian authorities indicate that they are not willing to provide the information requested or to engage in a discussion with the CPT on the matters indicated above; they assert that such matters do not fall within the Committee's purview under the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. Such an approach is inconsistent with the object and purpose of the international treaty establishing the CPT and can only be qualified as a failure to cooperate with the Committee.
It is axiomatic that one of the most effective means of preventing ill-treatment of persons deprived of their liberty lies in the diligent examination by the relevant authorities of all complaints of such treatment brought before them and, where appropriate, the imposition of a suitable penalty. This will have a very strong deterrent effect. Conversely, if the relevant authorities do not take effective action upon complaints referred to them, those minded to ill-treat persons deprived of their liberty will quickly come to believe that they can act with impunity. It is therefore not only legitimate but even essential that the CPT, a body set up with a view to strengthening the protection of persons deprived of their liberty from torture and other forms of ill-treatment, take a direct interest in the activities of the authorities empowered to conduct official investigations and bring criminal charges in cases involving allegations of ill-treatment.
In the light of the Russian authorities' reply, it is also necessary to recall what is meant in Article 2 of the Convention by the expression "any place within [a State's] jurisdiction where persons are deprived of their liberty by a public authority". Such a place may be a formally established and recognised detention facility; it may also be a railway carriage, a van, a shed, a garage, a warehouse, or any other improvised facility used by members of a public authority for the purpose of depriving someone of their liberty. The CPT's mandate and its powers under the Convention cover the treatment of persons while they are deprived of their liberty in any such place.
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The CPT is fully aware of the extremely difficult and perilous circumstances confronting the Russian authorities as a result of the conflict in the Chechen Republic and has kept those circumstances constantly in mind. The CPT is also aware that grave crimes and abuses have been committed by combatants opposing the Russian forces; those acts should be strongly condemned. However, State authorities must never allow their response to such a situation to degenerate into acts of torture or other forms of ill-treatment; to refrain from resorting to such acts - and to take active steps to stamp them out when they emerge - is one of the hallmarks of a democratic State.
In ratifying the major human rights instruments of the Council of Europe, the Russian Federation has demonstrated that it subscribes to the above-mentioned principle. Bearing that in mind, the CPT calls upon the Russian authorities to work in a constructive manner with the Committee in the context of its activities in the Chechen Republic. The Russian authorities have always shown good co-operation as regards security and transport arrangements during the CPT's visits to the Chechen Republic; the same level of co-operation should apply as regards the action taken upon the Committee's findings and recommendations.
The CPT regrets that it was found necessary to make this public statement. The Committee hopes that it will stimulate the efforts of both parties - acting in co-operation - to strengthen the protection of persons deprived of their liberty in the Chechen Republic from torture and inhuman or degrading treatment or punishment. The CPT remains fully committed to continuing its dialogue with the Russian authorities.
* The CPT reserves the right to publish that exchange of correspondence if this were to become appropriate.
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