I.
Introduction
1.
As Co-Chair of the JWG, I took part in the working group’s visit to Moscow
from 10 to 12 July 2002. The programme of the visit appears in Appendix
1 to this report. The Parliamentary Assembly was represented by Ms Lili
Nabholz-Haidegger (Switzerland, LDR), member of the Committee on Legal Affairs
and Human Rights, and Mr Mats Einarsson, Vice-Chair of the Committee on
Migration, Refugees and Demography.
2.
Russian members of the JWG, Mr Dimitri Rogozin (Russia, EDG), Co-Chair of the
JWG, Mr Leonid Slutsky (Russia, Soc) and Mr Valentin Nikitin, Chair of the
Committee on Chechnya in the Duma (agro-industrial faction), attended several
meetings.
3.
The second part of the visit, which was to take place in Chechnya, was
postponed as the local authorities announced that they were unable to receive
the delegation in Chechnya because of damage caused by floods in the
South-East of the Russian Federation in June. The JWG will visit the
region from 2 to 5 September 2002.
4.
I should like to thank the deputies and members of the Secretariat of the
State Duma and all those who ensured that the Moscowvisit was so well
organised.
II.
Main issues raised during the visit
5.
At the meetings during the visit, our priority was to raise the following
questions:
-
progress with a political solution to the conflict;
-
the activities of the Public Consultative Council set up by Chechen
representatives in Strasbourg in November 2001;
-
respect for human rights during "cleansing operations";
-
the fate of people who went missing during these operations, including Mr
Imakayev;
-
progress in the investigations into alleged massacres of civilians;
-
the activities of the Council for the Protection of Human Rights in
Chechnya;
-
identification of the person to replace the special representative Mr
Kalamanov;
-
publication of the reports on visits to Chechnya by the Council of Europe
Committee for the Prevention of Torture (the press release on the visit in
June 2002 appears in Appendix 2).
III.
Prospects for a political solution to the conflict
6.
Policy towards a political solution to the conflict which I believe represents
the official line was put to us by Mr Surkov, Deputy Head of the Presidential
Administration. According to him, the political solution entails
"step-by-step" restoration of a constitutional system in the Chechen
Republic. In practice, this is anticipated to entail the holding of
elections and the establishment of elected elements – in particular the
President and Parliament. As the process progresses, the intention, we
were told, is to reduce the size of the federal armed forces in Chechnya.
7.
According to Mr Surkov, the Public Consultative Council set up in Strasbourg
in November 2001 by Chechen representatives can make a useful contribution to
this process, but he insisted that in his view it is not helpful to keep
pushing the importance of the representation of Mr Maskhadov.
8.
The delegation also went to a seminar chaired by a Chechen businessman, Mr
Saidullayev, and attended by Chechen representatives and representatives of
other communities, in particular the Russian community that had left Chechnya
since 1991. Participants at the seminar decided to set up a
"national forum of the Chechen Republic for the organisation of a
referendum and elections". We gathered that the intention is for a
first congress organised by this forum to take place in September 2002.
According to the Resolution adopted at the close of the seminar, all those
resident in the Chechen Republic in 1991, including those who have since left
the Republic, should be entitled to take part in the elections.
9.
The intention, it seems, is that the elections should be preceded by a
referendum on a new constitution for the Chechen Republic.
Evidentlyseveral drafts of such a constitution are already being
circulated. The seminar participants also decided to set up a committee
to draft a constitution. They asked this committee to co-operate with
the Public Consultative Council set up in Strasbourg.
10.
According to certain statements made during the seminar, elections in Chechnya
could coincide with the general election scheduled to take place in Russia in
December 2003. In that case, the referendum on the constitution would
have to be held before that date, possibly early next year.
11.
At another meeting the delegation met Chechen businessmen, some of whom were
members of the Public Consultative Council. During the meeting the
majority of participants took the view that a political solution necessarily
entailed negotiations involving representatives of the federal bodies, of Mr
Kadyrov’s administration, of Mr Maskhadov, of other Chechen political forces
opposing Mr Maskhadov and, according to some of them, representatives of the
Russian community that had left Chechnya. Most of the people attending
the meeting were of the view that conditions were not yet right for organising
elections in the Chechen Republic.
12.
During our visit, on the last morning, Mats Einarrson and I were able to have
an informal meeting with representatives of the Chechen community resident in
Moscow. At this meeting the Chechens candidly, sometimes harrowingly,
described the situation as they saw it. In response, I endeavoured to be
equally candid! I took the opportunity to underline the global political
realities and stress that there really were only two alternatives: either the
devastating and debilitating conflict would continue indefinitely or a
political solution had to be found. If the political road were to be
taken seriously this would require courage on the part of the Chechens who
would have to commit themselves to negotiations relying on others like the
Council of Europe to provide a context in which there was an opportunity for
common sense, fairness and justice to prevail. Mr Abdul-Khakim
Akhmmedovich Sultygov (see paragraph 30 below) was present during these
discussions.
13.
As Rapporteur, I remain convinced that any proposed solution which is not
supported by a large majority of the population will not bring lasting
peace. Political dialogue is indispensable. I therefore
propose that the JWG again convene a plenary meeting of the Public
Consultative Council, to which representatives of the main Chechen political
elements should be invited. In June, Mr Zakayev representing Mr
Maskhadov sent a letter to the Council of Europe indicating that
representatives of Mr Maskhadov, would in principle, be prepared to take part
in the work of the Public Consultative Council. This was a message he
repeated to me in person when he visited London at the end of July.
14.
As its title indicates, the Council merely has advisory status. Its work
does not therefore in any way run counter to plans to hold elections in the
Chechen Republic. In my view, the Consultative Council’s role is to
help ensure that elections take place under acceptable conditions and that the
results are widely recognised. In particular, it is very important that
those who lose the election should feel able to accept the outcome. This
underlines the significance of the context in which elections take place.
IV.
Human rights situation
15.
The security situation in Chechnya is still tense. Anti-terrorist
operations are regularly carried out by the army and security forces in
response to the activities of the Chechen fighters. Representatives of
non-governmental organisations reported numerous human rights violations
during "cleansing operations" carried out in the villages, including
summary executions, torture, people going missing, looting and theft. In
particular, we were informed of serious events that, according to the Mothers
of Chechnya association, occurred during a cleansing operation in the village
of Mesker-Yourt in late May 2002.
16.
On 27 March the commander of the allied group of armed forces in the North
Caucasus region of the Russian Federation, General Moltenskoy, issued an order
(No. 80) giving soldiers instructions concerning the execution of
anti-terrorist ("cleansing") operations in Chechnya.
17.
Order No. 80 requires that a detailed report signed by the parties involved
(prosecutor, military commander, head of the local authority, etc) be drafted
after each operation. According to the order, the media may cover
"cleansing" operations with the prior consent of General
Moltenskoy. The order is set out in Appendix 3 (in English only).
18.
The Prosecutor General told usthat his staff took part in operations of this
kind under the conditions provided for in Order No. 80 and monitored the
lawfulness of arrests during such operations.
19.
However, we were informed by NGOs that in realitythe order was not applied and
that members of the armed forces were responsible for serious violations that
went unpunished. The complaints received by Mr Kalamanov’s office and
the Secretary General’s experts and the large number of people who continue
to go missing during special operations of this kind would seem to confirm
these accusations.
20.
In response to the disturbing allegations about "cleansing
operations", the Council of Europe Commissioner for Human Rights has
formulated a recommendation concerning "certain rights that must be
guaranteed during the arrest and detention of persons following ’cleansing’
operations in the Chechen Republic of the Russian Federation". I
welcome this initiative, but, unfortunately, it is not self-evident that the
Commissioner’s recommendation is widely known by those for whom it is
intended. I should emphasise that, whatever the recommendations and
regulations, it is the will of those with responsibility which is the
most indispensable requirement of all.
21.
The Prosecutor General promised to send us a list showing the progress of
cases concerning people reported missing. He was unable to provide us with
information about Mr Said-Magoved Imakayev, who, according to Human Rights
Watch, disappeared from Novye Atagy on 2 June 2002. The Secretary General of
the Council of Europe, Mr Walter Schwimmer, has written twice to the Russian
authorities on this subject without, so far as I know, as yet, tangible
results.
22.
According to the Chief Military Prosecutor, 155 cases had been submitted to
his office, 60 of which, involving 66 people, had been taken to court.
Twelve cases involving murder, sixteen involving theft of property and sixteen
concerning infringements of the highway code by people driving military
vehicles had been heard and were now closed. Eighteen criminal cases
were pending. Thirty-four soldiers had been judged guilty of crimes
against civilians, including seventeen conscripts.
23.
The Deputy Prosecutor General also provided information about the massacres of
civilians alleged to have taken place in Staropromyslovski (January 2000) and
Aldi (February 2000).
24.
According to him, in the case of Staropromyslovski, ten bodies have been
identified as belonging to local inhabitants. According to witnesses,
they were killed by unidentified men in uniform. It was established what
units were in the area at the time, but all the potential suspects had alibis.
The cartridges found on the spot did not correspond to those used by the units
present in Staropromyslovski. There are no other findings for the time
being.
25.
He also told us that the crimes in Aldi were likewise committed by
unidentified men in uniform. The passport of an inhabitant of Krasnodar
was found on the spot, but the person to whom it belonged claimed that it had
been stolen in Chechnya in 1994.
26.
The Prosecutor General stressed the importance of international co-operation
in the prosecution of criminals who had fled the country after committing
offences.
27.
At the time of drafting of this report, the Consultative Council for the
Protection of Human Rights in Chechnya, which brings together local human
rights NGOs, representatives of the Prosecutor General’s Office, the
Military Prosecutor’s Office, the Federal Security Service and the Ministry
of the Interior, has met four times, including once in Moscow. It is
this council that was behind the above-mentioned Order No. 80.
28.
Representatives of NGOs involved in this Consultative Council expressed their
dissatisfaction with the way in which it operated, and deeply regretted the
fact that it did not tackle the real problems, as well as the attitude of the
participants, who refused to discuss the need to put an end to these special
military operations. Certain NGOs, including Memorial, announced at the
last meeting of the Executive Board that they were suspending their
participation, which they considered pointless.
29.
During meetings with the Russian authorities, wealso raised the question of
the publication of reports on visits to Chechnya by the Council of Europe
Committee for the Prevention of Torture (the Committee made two visits this
year). Although governments are not bound, under the convention on the
subject, to publish such reports, I consider that in the specific case of
Chechnya their publication, or even the possibility of publication, would be
likely to improve the situation of prisoners and detainees and limit the
possibility of abuse and violations.
The office of the Special
Representative of the President of the Russian Federation responsible for
ensuring respect for human rights and civil rights and liberties in the
Chechen Republic
30.
On 6 June 2002, Mr Kalamanov completed his service as Special
Representative. The post remained vacant for several weeks and the
appointment of his successor, Mr Abdul-Khakim Akhmedovich Sultygov, of Chechen
origin and until his appointment, Secretary of the State Duma Committee on
Chechnya, took place during our visit, on 12 July 2002.
31.
The delegation welcomed this appointment and encouraged the new Special
Representative to do everything possible to support and facilitate the work of
the Secretary General’s consultants to his office.
32.
The main outpost of the Special Representative’s office moved from
Znamenskoye to Grozny in May. At the time of the move, it was not
certain whether the material conditions were such that it could operate in the
new premises. There was no electricity or telephone, water was seeping
in and there was a high level of humidity. It is crucial that the office
be provided urgently with electricity so that files can be updated and kept
under proper conditions. The team at the Special Representative’s
office must obviously have the material means for helping to restore the rule
of law in Chechnya, in particular by monitoring cases concerning allegations
of human rights violations.
V.
Humanitarian situation and displaced persons
33.
According to representatives of humanitarian organisations, the situation in
the camps of displaced people in Znamenskoye had changed very quickly and
alarmingly. One of the two camps of displaced people to the south of
Znamenskoye had been emptied of its inhabitants and closed. The other
was in the process of being closed down when we visited Moscow. We were
told that between seven and ten tents were still standing.
34.
The displaced people had been rehoused in Grozny, either in temporary
purpose-built accommodation or in private houses that were considered to offer
decent living conditions.
35.
The representatives of humanitarian and human rights organisations whom we met
expressed serious doubts about the voluntary nature of this return to
Grozny. Certain NGOs reported that people volunteering to return to
Grozny had actually been pressurised into filling in the forms asking to
return there.
36.
The same NGOs had also received numerous complaints from people who had been
resettled in Grozny about living conditions in the temporary accommodation
centres, which do not have running water or gas. Many talked of their
great disappointment. We were also informed that the displaced people
who had returned to Grozny had often agreed to go back in exchange for the
promise of financial help with the rebuilding of their houses, but that these
promises had not been kept.
37.
Moreover, according to the same sources, many displaced people expressed fear
about the climate of insecurity in the town of Grozny, where they fear they
are in danger and cannot go out after nightfall. The NGO representatives
described an atmosphere of growing insecurity and dissatisfaction in the
temporary accommodation centres. These extremely difficult living
conditions are matched by a very high unemployment rate (over 60%).
38.
In this context, the announcement of a plan to return displaced people
currently living in camps in Ingushetia gives cause for concern. The
President of the Republic of Ingushetia and Mr Kadyrov, Head of the
Administration of the Chechen Republic, signed an action plan on 29 May
providing for the voluntary return of displaced people in Ingushetia to
Chechnya, mainly to Grozny. The international organisations present in
the region and NGOs have numerous misgivings about this. According to
the UNHCR, there is not sufficient capacity to accommodate these people in
Grozny and their security is far from guaranteed.
39.
While the action plan provides for the presence of humanitarian organisations
during the return of displaced people to Chechnya, as yet, no organisation has
said it is prepared to return and work on Chechen territory. The plan
provides that the camps in Ingushetia will be closed at the end of the year
and, if possible, even before school starts in September.
40.
I am deeply concerned about the return of these displaced people, in view of
the doubts about whether their return is really voluntary, about the timing of
their return and about their general well being. I hope to devote
special attention to these matters during my time in the Chechen Republic
itself.
41.
During our meeting with Mr Ilyasov, Chairman of the Government of the Chechen
Republic, he assured the delegation that most of the displaced people had
already returned to Chechnya. Their living conditions were admittedly
not easy, but on no account could one talk of a humanitarian disaster.
According to Mr Ilyasov, 350 000 people have returned to Chechnya over the
last eighteen months, bringing the number of inhabitants of the Republic to
850 000. He also said that 30 000 to 40 000 people were still in
Ingushetia, and should return shortly.
VI.
Conclusion
42.
I expect that there will be a good deal to add to this information report
after my visit to the Chechen Republic from 2 to 5 September 2002. I
therefore hope that the Committee will permit me to convey additional points
orally at the meeting in Paris on 9 September 2002. I shall then prepare
a full report for consideration at the next meeting of the Committee in
Strasbourg the same month in preparation for its presentation to the Plenary
Assembly the same week.
APPENDIX
1
Joint
Working Group on Chechnya (JWG)
Programme
Moscow,
10 – 12 July 2002
______________________________________________________
Wednesday,
10 July
Arrival of
JWG members in Moscow
Accommodation
at the hotel (Hotel National)
20.00 -
21.30 Meeting with representatives of Human Rights
organisations (Hotel National )
Thursday,
11 July
09.00
Working breakfast on behalf of the Chechen business community, public and
cultural organizations
12.00
Meeting with Prosecutor General Ustinov
14.00
Meeting at the Administration of the President of the Russian Federation
18.00
Meeting with the Chairman of the Government of the Chechen
Republic Mr. S. Ilyasov
19.30
Meeting with members of the Organizing Committee of the Republican "round
table" on elections and referendum in the Chechen Republic
Friday,
12 July
10.00
Meeting with Chechen NGOs and some members of the Chechen Consultative Council
APPENDIX
2
Press Release
Council
of Europe Anti-Torture Committee returns to Chechnya
Strasbourg,
10.06.2002 - The Council of Europe Committee for the Prevention of Torture
(CPT) recently completed its fifth visit to the Chechen Republic since the
beginning of the current conflict. During several days the CPT's delegation,
which included two medical doctors, examined the situation of detention
facilities in Grozny, Kurchaloy and Urus-Martan and spoke in private with
people held there. For the first time, the delegation visited the Operative
and Search Bureau of the Ministry of Internal Affairs in Grozny (commonly
known as the "RUBOP").
An
important focal point of the visit was the treatment of persons detained
during special operations by federal forces. At a meeting with Lieutenant
General V. MOLTENSKOY, Commander-in-Chief of the Allied Group of Armed Forces
in the North Caucasian region, the CPT's delegation explored the
implementation of Order No. 80, which introduced new measures aimed at
combating human rights violations during such operations. Further, the
delegation visited the village of Alkhan-Kala, which was the scene of two
special operations in April this year, and spoke with its mayor, the Council
of Elders and local inhabitants.
The
problem of human rights violations and disappearances was also discussed with
prosecutors, military commanders and members of the local administrations in
Argun, Kurchaloy and Urus-Martan.
The
information gathered by the CPT during its visit to the Chechen Republic and
its consultations with the Russian authorities are confidential, in accordance
with Article 11 of the European Convention for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment. In this context the Secretary
General of the Council of Europe, Walter Schwimmer, expressed his hope that
the Russian Federation will agree to make the CPT's findings available to the
public. "Recently more and more member States of the Council have shown
their willingness to make the reports of the Anti-Torture Committee public.
This is a positive sign for more transparency in this field and an important
support for the work of the Anti-Torture Committee. I would be happy if Russia
could join these efforts, in order to contribute to the prevention of torture
and inhuman or degrading treatment throughout our continent."
Additional
Information
·
The visit lasted five days (24 to 29 May). The visit was a continuation
of the work begun during a previous visit by the CPT to Chechnya in February
this year.
·
The visit was carried out by Zdenĕk HÁJEK, a Czech lawyer, Ole
Vedel RASMUSSEN, a Danish medical doctor, Jean-Pierre RESTELLINI, a Swiss
specialist in forensic and internal medicine, and Petya NESTOROVA, member of
the CPT's Secretariat.
·
The delegation also visited the hospitals in Alkhan-Kala, Argun,
Kurchaloy and Urus-Martan, as well as the Forensic Bureau of the Chechen
Republic (located at Clinical Hospital No 9 in Grozny).
APPENDIX
3
(English
only)
ORDER
Of the Commander of the
Joint Troops Group (Forces) (OGV(S)) in the North-Caucasus Region of
the Russian Federation
N°80
(English translation by the
Council of Europe of a Russian text published on www.memo.ru)
For official use
27 March 2002, Khankala
On measures to enhance the
activity of local authorities, the population and the law-enforcement organs
of the RF in combating violations of lawfulness and to increase officials’
responsibility for violations of lawfulness and legal order in the course of
special operations and targeted measures in the settlements of the Chechen
Republic.
Analysis of the official and
combat activities of units and subdivisions of the joint troops group (forces)
while conducting special operations and targeted measures on the territory of
the Chechen Republic demonstrates that, despite the work carried out by the
military command to strengthen lawfulness and legal order, cases of unlawful
acts against the civilian population by servicemen in the federal forces
continue to occur.
Following complaints by
civilians and the leaders of local authorities, official investigations and
checks by the prosecution service have repeatedly been carried out, and have
revealed instances of looting, insults, rudeness and exceeding of official
authority on the part of servicemen in the federal forces.
Incidents of unlawful actions
by servicemen against the civilian population have an exceptionally adverse
effect on the process of stabilising the situation in the republic, and
invalidate the military command’s efforts to guarantee security, law and
order and favourable conditions for revitalising social and economic life. In
addition, they kindle anti-Russian sentiment and give the leaders of illegal
armed groups an opportunity to recruit new members and accomplices for the
ranks of rebel groups.
Once in the public domain,
such instances are successfully used by the leaders of rebel groups and by
their accomplices on the territory of the Chechen Republic and abroad in order
to discredit the leadership of Russia, the military command and the servicemen
taking part in the anti-terrorist operation, and are used as a pretext for
conducting an information campaign against Russia.
In order to prevent
violations of the laws of the Russian Federation and official orders during
special operations and targeted measures, and to resolve complaints and
declarations by residents of the Chechen Republic on the territory,
I HEREBY ORDER
1. The first deputy commander
of the OGV(S) of the Russian Federation armed forces, the first deputy
commander of the OGV(S) – military commander of the Chechen Republic, the
first deputy commander of the OGV(S) from the Interior Ministry of the Russian
Federation, the deputy commander of the OGV(S) with responsibility for special
operations, the deputy commander from the military operations group (VOG) in
the Federal Security Service’s military administration (UVKP) in the
North-Caucasus Region, the deputy commander from the Russian Federation
Ministry of Justice and the deputy commander of the OGV(S) from the airborne
troops to conduct out special operations and targeted measures to discover,
arrest and eliminate ringleaders, fighters and members of rebel groups in
settlements only with the personal authorisation of the Commander of the
OGV(S) in the North-Caucasus Region and in accordance with plans that have
been approved by him.
2. That the military
commanders of the administrative centres and districts in the republic, the
heads of administration of settlements, clergymen, elders, the heads of
village militia units, military prosecutors of administrative centres
(districts), heads of the RF FSB organs in the administrative centres
(districts) in the areas (districts) where special operations and targeted
measures are conducted are to be involved, so as to prevent potential
violations of the laws of the Russian Federation, examine and resolve
questions arising from complaints by representatives of the civilian
population in the territory concerned and ensure co-ordinated action when
conducting special operations and measures to discover, detain and eliminate
ringleaders and members of rebel groups in settlements of the Chechen
Republic. The afore-mentioned officials are to be invited to the command post
of the leader of the special operations and targeted measures, and information
is to be provided regarding the start of the measures (operations) directly in
the area where the operations (measures) are carried out.
Where necessary, with the
authorisation of the commander of the OGV(S) and in agreement with the press
service of the OGV(S), representatives of the mass media are to be informed of
the course and outcome of the special operations and measures.
On completion of the targeted
measures (operations), a statement is to be drawn up, to be signed by the
leader of the special operations, the head of administration of the town
(district, settlement), the prosecutor of the administrative centre
(district), the head of the FSB body in the administrative centre (district)
and the head of the provisional Interior Ministry division (head of the
village militia unit) in the areas (districts) where the special operations
and targeted measures were carried out. The statement is to be ratified by the
commander of the OGV(S) in the North-Caucasus Region. The statement should
contain an appendix with a list of persons detained in the course of the
operation, and a list of seized weapons, ammunition, explosive and narcotic
materials, documents, financial resources, property, etc.
The list of detained persons
is to be compiled in three copies, and the second and third copies are to be
handed over to the head of the provisional Interior Ministry department and
the head of the local administration respectively, against their signatures.
3. That the senior member of
inspection groups from subdivisions of the Interior Ministry provisional
troops and militia carrying out duties within settlements and conducting
direct checks of houses and ancillary premises, and also outbuildings,
identify himself without fail to house-holders, clearly stating his military
rank and surname, and also indicating the purpose of the check (inspection)
that is being conducted. Unless it is an operational necessity, the use of
masks, hiding the faces of servicemen and members of the militia in inspection
groups, is to be avoided. In the course of the inspection, tact, restraint and
courtesy are to be shown, and servicemen are not to yield to possible attempts
to provoke them to rudeness and the use of force.
4. That all means of
transport and military vehicles used in the course of special operations and
targeted measures in settlements should display state registration plates and
clearly discernable numbers on their sides (turrets).
5. That supplementary
organisational and educational measures be taken during the preparation and
conduct of special operations and targeted measures in settlements, so as to
rule out incidents of looting and physical and moral harassment of civilians.
That the deputy commander of the OGV(S) and the leaders of special operations
and targeted measures carry out a careful investigation into every instance of
looting, submit a report to the OGV(S) headquarters and initiate criminal
proceedings with a view to punishing offenders, and inform the military
prosecutor’s office thereof.
6. That this Decree be
brought to the attention of all ranks of the OGV(S).
7. That responsibility for
implementation of the provisions of this decree be assigned to the deputy
commander of the OGV(S).
8. That Decree N°147 of the
Commander of the OGV(S), dated 27 May 2001, be considered null and void.
THE COMMANDER OF THE JOINT
TROOPS GROUP (FORCES)
Lieutenant General V.
Moltenskoy
Approved
by the Committee on 9 September 2002
I.
Introduction
1.
As Co-Chair of the JWG and Rapporteur on the conflict in the Chechen Republic,
I took part in a visit to Grozny and Moscow from 3 to 5 September 2002. The
Parliamentary Assembly was also represented by:
-
Mrs Lili Nabholz-Haidegger (Switzerland, LDR) member of the Committee
on Legal Affairs and Human Rights
-
Mrs Lara Margret Ragnarsdóttir (Iceland, EDG) Chairperson
of the Social, Health and Family Affairs Committee
-
Mr Leonid Slutsky (Russia, SOC) member of the Committee on Migration,
Refugees and Demography, the Monitoring Committee and the Social, Health and
Family Affairs Committee
The programme of the visit is appended to these notes.
2.
This mission followed an earlier visit to Moscow from 10 to 12 July
2002. It had been planned to travel to the Chechen Republic from Moscow
in July but severe floods in South-East Russia made it necessary to postpone
this.
3.
I would like to put on record my appreciation to Mr Leonid Slutsky and all
those in Moscow and the Chechen Republic who made the arrangements and who
enabled us to make good use of the time available. My special thanks
also go the Parliamentary colleagues who participated in the visits and whose
questions, observations and reflections enabled me to learn far more than
would otherwise have been possible. As usual, the part played by the
three members of the Council of Europe Secretariat who travelled with us was
invaluable as was the work of their back-up colleagues in Strasbourg.
4.
Inevitably, there are constraints to a visit of this kind. However,
despite those constraints we were able to meet with a significant
cross-section of people including the Head of the Administration of the
Chechen Republic, the Head of Security of the Russian military forces, the
Commander of the Russian military in Grozny, the Deputy Representative of the
Russian President in the Southern Federal District, the Special Representative
of the Russian President on human rights in the Chechen Republic, civil
servants, teachers, school children, members of the public, returned displaced
people, members of the Consultative Council established under the aegis of the
JWG and others.
5.
The visit strengthened my conviction that everything possible must be done to
expedite a sustainable political solution. While some limited progress
has been made, and Grozny is a different place from the ghost town I
encountered in the Spring of 2000 immediately after the massive bombardment,
there are still huge problems surrounding reconstruction, housing, public
services, social services, health, humanitarian issues in general and
security. And there remain immense challenges in the realms of human
rights and the rule of law. However, there are people, cars and a few
buses in the streets and there are markets and booths amongst the ruins.
Families and friends can be seen sitting together at sparse meals.
Beyond the city fields are being cultivated.
II.
Security
6.
The Head of Security of the Russian military forces claimed that no major
terrorist formations were currently active in the Chechen Republic and that
there were only small groups in the southern mountains. However, a few days
before our visit a military helicopter had been destroyed by a ground-to-air
missile with serious casualties including loss of life and an outbreak of
fighting in the Shali region on 3 September also resulted in loss of life
and contributed to a delay in our departure from Mineralnye Vody to Grozny by
helicopter.
7.
Apart from the Russian military forces, the Head of Administration informed
us, there are 80,000 people deployed on the ground from the Russian Ministry
of the Interior and the locally recruited armed civil militia.
Checkpoints are evident throughout Grozny and registration documents are
constantly required. When we visited School Number Seven in Grozny we
were told that within the precincts of the school itself there was no sense of
immediate security risks. By contrast, at a centre for returned
displaced people we were told that the building was locked at night and that
after that in order to go to the lavatory it was necessary to be given the
permission of the guard on the door before crossing open land to the small
building containing the several pit latrines (no seats) at the disposal of
five hundred families.
8.
The Head of the Administration assured us that individuals who voluntarily
surrender and co-operate with the Security Services can be pardoned and
re-integrated into society.
9.
On security it seems to me that amongst the issues which need urgent attention
are the following:
-
the proliferation of weapons;
-
the use of force by military and other “official” personnel; supervision
and investigation of complaints against them are still far from universally
satisfactory;
-
the application of Order Number Eighty on military search operations; the
military candidly agree that this often does not happen;
-
ensuring that only well trained (including human rights training) and fully
accountable personnel are deployed on security duties;
-
greater determination to promote the resolution of difficulties and disputes
by negotiation rather than the hasty and intemperate use of force.
III.
Rule of law and human rights
10.
The main Office of the Special Representative of the Russian President on
human rights, Mr Abdul-Khakim Akhmmedovich Sultygov (himself a Chechen),
has now moved to Grozny. This has presentational and credibility
advantages. However, there are real security issues. It is still
not considered that the arrangements for safety are such that the Council of
Europe experts working with Mr Sultygov can be resident in Grozny and
able to visit the city whenever they wish. This is clearly
unsatisfactory. They should be basedwhere the main office is
situated. The issue must be addressed and resolved. Otherwise,
these excellent and courageous representatives of the Council of Europe will
be undermined and marginalized.
11.
During our visit, there were repeated, anguished complaints about
disappearances including school children. For example, just one NGO the “Committee
of Mothers and Women of the Chechen Republic” had received reports of 700
missing people. The Office of Mr Sultygov, we understand, has records of a
higher number. We were promised authentic statistics before the time of
the September part-session of the Parliamentary Assembly. In this
context, Mr Sultygov drew our attention to the continuing tradition of blood
revenge which, he said, was common in the Chechen Republic. [NB. See
separate notes. During the July visit to Moscow at our meeting with the
Consultative Council established under the aegis of the JWG, the Chairwoman of
the Committee on Missing People complained that the Consultative Council had
not been able to clarify the whereabouts of the many missing people].
12.
Allegations of maltreatment and torture still persist. It is therefore
regrettable that the recent reports of the Committee for the Prevention of
Torture (CPT) of the Council of Europe have still not been published by the
Russian Government. During our visits both to Moscow in July and to the
Chechen Republic in September we urged the Russian authorities to publish
them, not least in their own interests. I emphasised that this was not,
in my view, in order to pillory them but, rather, to identify shortcomings and
to work with those of goodwill in overcoming them.
13.
While the provision of registration documents is a condition for the movement
of people within Grozny and for the receipt of social benefits, people
entitled to them stressed the long waiting time before they are issued and
their geographically limited validity. For example, one woman with whom
we spoke told us that her husband was not able to join her in the housing
centre because he had not been issued a registration document valid for
entering her sector in Grozny because he originated from outside the Chechen
Republic.
14.
On human rights and the rule of law it seems to me that amongst the issues
which need urgent attention are the following:
-
continued support and assistance by the Council of Europe for the
Office of Mr Sultygov, with particular emphasis on missing people and
strengthening the judiciary;
-
ensuring the security arrangements to allow for the speedy location
of the Council of Europe experts in Grozny;
-
far greater speed and effectiveness by the responsible law
enforcement authorities in reviewing and pursuing all complaints about
unlawful killing and about missing, maltreated or tortured people; it is
essential to see more evidence of criminal investigations being initiated
whenever they should be, of their outcome and of the penalties imposed by
the judicial authorities on wrongdoers; reliable statistics should be
regularly available to the Parliamentary Assembly of the Council of Europe
with convincing records of the progress being made; at present the absence
of such reliable information remains frustrating and disturbing;
-
publication by the Russian government of the CPT reports;
-
more rapid provision of registration and general identification
documents to ensure greater freedom of movement throughout Grozny and the
Chechen Republic.
IV.
Strengthening democracy
15.
The Chairman of the Government of the Chechen Republic confirmed that a
constitution is being drafted and that the objective is to have it adopted by
a referendum before the end of 2002. The Chechen Consultative Council
established under the aegis of the JWG is also working on a draft text. Both
the Chechen authorities and the Consultative Council have expressed their
interest in legal advice by the Council of Europe.
16.
In response to our arguments in favour of dialogue with the widest possible
cross-section of the parties to the conflict, the Head of the Administration
insisted that a political dialogue with any other parties to the conflict
could only be justified if it were demonstrably to serve as a means of
achieving democratic stability and security. While he did not believe there
was any conceivably meaningful agenda, he had told an emissary of
Mr Maskhadov that he would be prepared to meet Mr Maskhadov. I
stressed emphatically that in my view it would be tragic if serious work
towards a constitution were undermined by not including all those who could be
won back to a political process but who, if they were not included, might be
driven into the arms of the extremists with a vested interest in
disassociating themselves from the results and seeking to undermine
them. I strongly believe that just as it would be naďve to suppose
there are not extremists who, for whatever reason, have no interest in a
political settlement it would be self-fulfilling defeatism to suppose that
there are not those amongst the fighters who could be involved in a
solution. Such involvement will demand real courage and imagination on
both sides. A “fait accompli” approach is unlikely to help!
17.
All my work on the conflict in the Chechen Republic leads me to the conclusion
that democratic security and stability will be strengthened by:
-
widest possible endorsement and “ownership” of any new constitution;
this will involve imaginative and courageously wide political dialogue
before a referendum is held;
-
all possible support by the Council of Europe in the promotion of such a
dialogue;
-
ensuring a healthy context for any referendum e.g. effective registration of
all those entitled to participate whether they are currently resident inside
the Chechen Republic or not;
-
free and open media discussion of the issues;
-
strengthened security with a transparent commitment to justice and human
rights;
-
practical support financially and, where appropriate, in kind by member
governments of the Council of Europe for strengthening the work of the
Chechen Consultative Council established under the aegis of the JWG; this is
very urgent and should already have happened; the challenge is to do it
effectively not just to articulate the difficulties!;
-
Council of Europe support for the development of civil society and NGOs;
-
Council of Europe support for education for democracy.
V.
Humanitarian situation
18.
The Chairman of the Government of the Chechen Republic estimated that some
20,000 Chechen citizens were still living in Ingushetia and believed estimates
of, for example, as many as 250,000 Chechens still living outside the Chechen
Republic are wrong. We were told that the current population of the
Chechen Republic is in the region of 900,000 people.
19.
The Chairman said that new housing was required for 40,000 people still living
in tents or buildings without heating. He said that in Grozny, water,
electricity and gas supplies were available but only with interruptions. [From
what we witnessed during our brief visit the “interruptions” are
considerable]. When we visited housing centres most people complained of
limited cooking facilities, no running water in their accommodation, but only
communal taps at a distance (sometimes involving carrying all water up five
floors or more) and minimal, to say the least, sanitary facilities.
20.
Health provision in Grozny is inadequate. An impressive woman doctor
working and living with returned displaced people said she was deeply
concerned about the vitamin deficiency and malnutrition amongst children
returning to school. Too many were seriously, not superficially,
ill. Certainly, I spoke to children who looked the same age as my
grandson who is six but discovered that they were eleven.
21.
While some of those returned displaced people with whom I spoke said that they
had indeed felt pressurised into returning and that the process of their
return had been degrading others, apparently honestly, insisted that they had
come of their own free will. Most said that, whether pressurised or not,
now they were back in their old city they felt more at home but that the
security identification was not good and that the humanitarian situation was
unacceptable. They lamented the absence of international NGOs and
international humanitarian agencies. Food supplies were monotonous and
barely sufficient.
22.
Almost all the people we met begged for compensation to rebuild their damaged
or destroyed homes. [It is still virtually impossible to locate a
building which remains undamaged or one that has not been destroyed in
Grozny] We noted that the Chairman of the Government of the Chechen
Republic insisted that federal legislation will be prepared by 15 October to
make provision for such compensation. The importance of this cannot be
over-emphasised. I hope the funds will be adequate and that member
governments of the Council of Europe will co-operate with the Russian
government in ensuring this.
23.
Some of the people with whom we spoke in housing centres were ready to start
constructing new homes for themselves but complained that they were not
allowed to do this and that building materials were not available.
24.
As mentioned above we visited School Number Seven. It was clearly a
relatively advantaged school in Grozny. But we gathered that all schools
in the city had started their classes again, although the availability of
books and equipment was thin if it existed at all. While I was not
altogether convinced that they were receiving regular salaries, teachers were
positive and I was struck by my private conversations with pupils who spoke
spontaneously about the future and the careers they wanted to undertake –
teaching, medicine, law, construction, information technology and other highly
relevant pursuits.
25.
The Chairman of the Government of the Chechen Republic told us that the
Russian Government had set up a large federal targeted programme for
reconstruction, economic development and welfare. This would cover the
payment of salaries of public employees, social benefits and pensions.
Returned displaced people receive vouchers for the food provided by the
Administration.
26.
The Chairman of the Government of the Chechen Republic claimed that the
economic situation in the Republic had improved with the production of 5,000
tons of oil per day and regenerated agriculture with an estimated production
of 400,000 tons of wheat in 2002 compared with an internal consumption of
150,000 tons of wheat per year. He also drew attention to the renewed
operation of some bus and train services [I saw a few buses but no trains] and
the planned flight connection between Grozny and Moscow in early 2003 (if the
aerobatics for security reasons by helicopters entering and leaving Grozny are
anything to go by this should make for some fairly thrilling flying).
27.
The cost of the recent summer flood damage was estimated by the Chairman of
the Government to be some 1,350,000,000 Roubles.
28.
Priorities for an improved humanitarian situation in the Chechen Republic
certainly include:
-
greater and more generous humanitarian support by the international
community, including the member governments of the Council of Europe and the
Council of Europe Development Bank;
-
more technical co-operation;
-
effective co-ordination of aid and its distribution;
-
re-engagement by international humanitarian agencies and NGOs;
-
essential resources for rebuilding the economic and social
infrastructure and for backing self-sustaining economic initiatives and
self-help by the Chechens themselves.
VI.
Conclusion
29.
Despite the constraints this visit to the Chechen Republic made at least some
direct contact with people in Grozny possible. It therefore provided a
more informed basis for my work as Rapporteur. The hard work and
committed part played by Mrs Lili Nabholz-Haidegger,
Mrs Lara Margret Ragnarsdóttir and Mr Leonid Slutsky and the
Secretariat were indispensable.
30.
Taken together with the conclusions from my previous work and the visit to
Moscow in July this year it seems to me that we must all now concentrate on
working with our Russian colleagues to promote a sustainable and not an
illusory or self-defeating political and constitutional settlement.
I believe the Council of Europe has a key part to play in helping to
promote the essential widely based political dialogue.
APPENDIX
I
Joint
Working Group on Chechnya (JWG)
Programme
Grozny
and Moscow, 3 - 5 September 2002
______________________________________________________
Tuesday,
3 September
11h00
Departure from Moscow to Mineralnye Vody by plane
18h00
Departure for Grozny by helicopter
19h00
Meeting with the Head of Administration of the Chechen Republic, the Chairman
of the Government of the Chechen Republic, the Special Representative of the
President of the Russian Federation to the Chechen Republic, the Head of
Security of the Russian military forces, and the Commander of the Russian
military forces in Grozny and others
Accommodation on the official compound in Grozny
Wednesday,
4 September
9h00
Meeting with the Chairman of the Government of the Chechen Republic
11h00
Visit to the School Number Seven in Grozny
13h00
Visit to two housing centers for returned displaced people (PVRs) in Grozny
16h00
Visit to the Grozny Office of the Special Representative of the President of
the Russian Federation to the Chechen Republic and meeting with the Special
Representative and the Council of Europe experts
18h00
Departure to North Ossetia by helicopter and meeting with the Deputy
Plenipotentiary Representative of the President of the Russian Federation in
the Southern Federal District
20h00
Departure to Moscow by plane
Thursday,
5 September
10h00
Meeting with Chechen Consultative Council in Moscow
13h00
Press Conference at Interfax in Moscow
APPENDIX
II
UNOFFICIAL
TRANSLATION
Original :
Russian
Information
provided by the Office of Mr Sultygov,
Special
Representative of the President of the Russian Federation
for
ensuring human and civil rights and freedoms in the Chechen Republic
A.
INFORMATION
On the
declarations and complaints received in the Office of the Special
Representative of the President of the Russian Federation for ensuring human
and civil rights and freedoms in the Chechen Republic:
During its entire period of
activity
Statements
received: 8783
For the period 03.01.2002 to
16.09.2002
Statements
received: 1533
B.
INFORMATION
On the
work carried out in the Department concerning missing people at 1 September
2002
Total
2141
Of whom:
the search continues (missing without trace): 1110
found:
1031
Of whom:
the whereabouts established: 767
released
through the Office’s intervention: 221
found
dead: 43
There is
every reason to believe that a significant proportion of citizens whose
whereabouts have not been established belong to one of two categories:
-
displaced persons and refugees on the territory of other states (e.g.
Georgia)
-
individuals who have joined the ranks of Chechen fighters.
This point
of view is confirmed by the high percentage of persons whose whereabouts have
been established (50%), which demonstrates the high degree of effectiveness of
the work conducted with regard to citizens detained by the federal structures.
This
conclusion is confirmed by statements regarding citizens’ disappearance in
areas of rebel activity that are unconnected with their place of residence.
APPENDIX
III
UNOFFICIAL
TRANSLATION
Original :
Russian
In September 2002, the organs
of the Prosecutor’s Office of the Chechen Republic opened 63 criminal
investigations with regard to crimes committed against the civilian
population: of these, 7 criminal cases have been submitted to the courts; in
18 cases, proceedings have been suspended on account of failure to identify
the person to be accused; 17 criminal cases have been submitted to the
jurisdiction of the military prosecutor; 21 criminal cases are being
investigated.
197 criminal proceedings were
instigated in September 2002 in connection with crimes committed by Chechen
combatants against the civilian population: of these, 122 concerned crimes
against employees of the law-enforcement agencies; 65 against heads of
administration; and 10 against religious leaders. Of the total number, 18
cases have been submitted to the courts for examination on the merits; in 106
cases, criminal proceedings have been suspended; 73 criminal cases are being
investigated.
The organs of the Prosecutor’s
Office of the Chechen Republic are currently investigating 15 criminal cases
in relation to individuals who disappeared without trace in the course of
so-called “mop-up” operations. In all these cases, there are grounds for
supposing that the individuals were abducted by representatives of the federal
forces.
In total, for the entire
period of the anti-terrorist operation, 973 criminal investigations have been
opened with regard to 1368 individuals who have been abducted and Chechen
citizens who have disappeared without trace, and in 554 cases official search
activities have been instigated.
In the course of joint work
with the Office of V. Kalamanov, Special Representative of the President of
the Russian Federation for Human Rights in the Chechen Republic, 214
individuals are being sought.
Information
on the investigation of
criminal cases by organs of the Prosecutor’s Office with regard to instances
of crimes committed by servicemen against the civilian population
(situation in September
2002)
Organs of the military
prosecutor’s office:
Number of cases being
investigated – 150
of which:
murder - 47 cases
abduction - 11 cases
rape - 3 cases
dismissed - 41 cases
suspended - 16 cases
transferred to court - 54
cases (70 persons)
individuals convicted of
crimes against the civilian
population - 44 persons
of these, convicted for:
murder: 9 persons
exceeding the limits of
necessary defence 1 person
causing death through
carelessness 2 persons
causing physical harm through
carelessness 1 person
rape 1 person
misappropriation of another’s
property 13 persons
intentional destruction of
or damage to property 1 person
rowdy behaviour 4 persons
exceeding official powers 4
persons
violation of the regulations on
the use of arms 3 persons
violation of the regulations on
driving military vehicles 5 persons
Approved
by the Committee on 22 September 2002
