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Statement on behalf of the International Helsinki Federation for Human Rights and the International League for Human Rights: 60th Session of the Commission on Human Rights, Agenda Item 9, March 25, 2004
Mr./Madam Chair, Thank you for this opportunity to address the Commission. I am making this intervention on behalf of the International Helsinki Federation for Human Rights (IHF) and the International League for Human Rights. Against the background of the ongoing conflict in Chechnya, our organisations consider it of utmost importance to assess the Russian Federation's level of compliance with the resolution on Chechnya, adopted at the 57th session of the UN Human Rights Commission three years ago. The 2001 resolution called upon the Government of the Russian Federation to comply with its international human rights and humanitarian law obligations, and further expressed its concern over the situation in detention centres and continued reports on ad hoc detention, as well as the treatment of non-registered detainees and acts of torture and other cruel, inhuman or degrading treatment. In 2004, with the armed conflict in its fifth year, numerous forced "disappearances" and extra-judicial, summary and arbitrary executions continue to be routinely carried out by federal and other security forces . Official and quasi-official forces under the authority of the newly elected Chechen President, Akhmad Kadyrov , are now believed to be the perpetrators of "disappearances" in an increasing number of cases. Persons detained illegally either by federal forces or by armed groups connected to Kadyrov continue to be subjected to torture and ill-treatment, aimed at coercing confessions, extorting information about Chechen forces, or at extracting money from relatives. Torture and other cruel, inhuman or degrading treatment is also frequently used against persons detained officially by law enforcement agencies, which is underlined by the fact that the European Committee for the Prevention of Torture (CPT) made one of its very few public statements on the situation in Chechnya. The 2001 resolution further called upon the Russian Federation to ensure that both civilian and military prosecutors´ offices undertake systematic, credible and exhaustive criminal investigations and prosecutions of all violations of international humanitarian law and human rights. In 2004, Russia continues to resist establishing any meaningful accountability process for crimes committed by its forces. In the majority of cases opened by the prosecutor's office, failure to conduct even the most basic investigative steps, including questioning eyewitnesses and relatives, is the rule. As a result, most cases are either closed without having been thoroughly conducted or remain pending for prolonged periods. Only a very small number reach the courts. Harassment of applicants to the European Court of Human Rights has emerged in recent years as a worrisome trend. An applicant to the European Court "disappeared" in June 2002, and Russian forces allegedly extra-judicially executed another applicant and her family in May 2003. Also, nongovernmental groups that represent Chechen victims of human rights abuses before the Court have documented threats against other applicants or their families in at least seven other cases. Human rights groups in the region have also faced increasing levels of harassment and intimidation; since 2003 a number of activists have allegedly been abducted or killed in extra-judicial executions. The 2001 resolution further called upon the Russian Federation to establish a national broad-based and independent commission of inquiry to investigate promptly alleged violations of human rights and breaches of international humanitarian law committed in Chechnya. The Russian Federation has not yet established such a commission of inquiry. It created various offices on human rights in Chechnya , none of which qualifies as a commission of inquiry, while impunity still prevails in Chechnya. The 2001 resolution further urged the Russian Federation to take all necessary measures to ensure the protection of the internally displaced persons. Yet, Russian authorities have increasingly put undue pressure on internally displaced persons (IDPs) to return to Chechnya, where they remain at risk. During a mission to Chechnya and Ingushetia carried out by the IHF in February, it was apparent that IDPs were being subjected to strong pressure to return. Since 2003, raids carried out by masked Russian forces have targeted IDPs living in tent camps in Ingushetia, which demonstrates the widening of the Chechen conflict and violates international protection standards for IDPs. There are now only two IDP camps left in Ingushetia, after three were closed in 2003 and 2004, evidently to get rid of the most visible evidence of the continued insecurity in Chechnya, contradicting claims that the situation has "normalized". At the time of writing, another camp - Sputnik - is due to close in the coming days. In its 2001 resolution, the Commission reiterated its requests that the special rapporteurs and the special mechanisms of the Commission undertake missions to Chechnya without delay. Russia has not yet invited the Special Rapporteurs on torture and on extra-judicial, summary, and arbitrary executions. While agreeing to a visit by the Special Rapporteur on violence against women, Russian authorities have cancelled scheduled missions on a number of occasions, citing security reasons. The 2001 resolution of the U.N. Commission further called upon the Russian Government to ensure an immediate return of the OSCE Assistance Group. As of March 2004, the OSCE Assistance Group is not present on the ground. Mr./Madam Chair, While the Commission failed to adopt resolutions at the 58th and 59th sessions in spite of the ongoing massive violations of human rights and humanitarian law in Chechnya after the adoption of the 2001 resolution it should not repeat this failure in 2004. The UN Human Rights Commission should make sure that the resolutions it adopts are fully implemented by member states and do not remain dead letters. Therefore, A resolution this year must condemn the massive violations of human rights and humanitarian law by all parties to the conflict. It must call on the Russian authorities to immediately put an end to arbitrary detention; to torture and ill-treatment; and to enforced "disappearances" and extra-judicial executions. The new resolution must insist on accountability. It should call on the Russian authorities to ensure meaningful investigations of all reported crimes allegedly committed by members of security forces against civilians in Chechnya or Ingushetia, and for the prosecution of the perpetrators; it should call on the Russian authorities to publish a detailed list of all current and past investigations into such abuses and indicate their current status. Likewise, the Russian authorities should be called upon to publish a complete list of all disappeared in the second Chechen war, with a detailed description of what is known about these disappearances. The new resolution should urge the Russian authorities to put to an end to the harassment and threats to applicants to the European Court of Human Rights and to ensure that human rights defenders working in the area can carry out their legitimate activity in safety and without fear of harassment or intimidation. The new resolution should establish an international commission of inquiry into allegations of grave abuses of human rights and international humanitarian law in the context of the armed conflict in the Chechen Republic, and report back to the 61st session of the Commission in 2005. The new resolution should call on Russia to desist from coerced returns of internally displaced persons and instead to ensure their security and protection in accordance with the Guiding Principles on Internal Displacement and other relevant international standards. The new resolution should call on Russia to invite the key U.N. thematic mechanisms mentioned above. Russia should also invite the new High Commissioner for Human Rights, Louise Arbour, to visit the region and report about her findings. The new resolution should call for the renewal of the OSCE Assistance Group's mandate, which should include a human rights component, and for increased cooperation with the Council of Europe. Thank you for your attention. ---------------------------------- Footnotes 1 This statement is supported by Amnesty International; however, under current quota arrangements, AI was unable to sign on to this oral statement 2 Ibid 3 Resolution number 2001/24. 4 According to statistics from the Human Rights Center "Memorial", covering only a fourth of the Chechen territory, 477 people were kidnapped in 2003. It is important to note that the months preceding both the referendum on the Chechen constitution and the Chechen presidential elections showed the lowest number of disappearances, indicating that the authorities do have a control over such practices if there is a will and an interest to do so. 5 The IHF and numerous other organizations have voiced serious doubts about the legality of the Constitutional Referendum in March 2003 and the Presidential Elections in Chechnya in October 2003. 6 Many of the alleged informal places of detention are under the control of persons connected to President Kadyrov, such as in Tsenteroi (run by Ramzan Kadyrov, the son of the President) and in Gudermes (run by the Yamadaev family). Two camps just outside Grozny, in Pobedinskoe and Krasnaya Turbina, are under the control of Kadyrov's security chief (Movladi Baisarov) and Russian special force commander (Said-Magomed Kakiev), who is an ethnic Chechen. Civilians abducted by federal forces (including the FSB) in Chechnya are now taken to pits located at local military bases, or to the "Regional Operations Staff", the main Russian military base at Khankala. Only a few are reported to survive detention there. 7 In their "Public Statement concerning the Chechen Republic of the Russian Federation" from 10 July 2003, they wrote: "a considerable number of persons interviewed independently (…) alleged that they had been severely ill-treated whilst detained by law enforcement agencies. The allegations were detailed and consistent, and concerned methods such as very severe beating, the infliction of electric shocks, and asphyxiation using a plastic bag or gas mask." 8 The "Office of the Special Representative of the President of the RF for ensuring human and civil rights and freedoms in the Republic of Chechnya", which was dissolved in the meantime (with the office itself now apparently continuing its work under the authority of Chechen President Kadyrov), the "National Public Commission for the investigation of offences and for the observance of human rights in the Caucasus", and a committee created in the Duma all lacked and lack the necessary powers to investigate crimes, as well as the necessary resources. 9 Particularly the Chechen Committee on the Return of Refugees- a structure within the Chechen migration service, is known for using false promises and threats. 10 These Principles were prepared by the Representative of the Secretary-General on internally displaced persons and included in his report to the 54th session of the Commission on Human Rights (E/CN.4/1998/53/Add.2).
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