EUR 46/044/2000    30/10/2000

RUSSIAN FEDERATION
What future for Chechens - citizens or a subjugated people?
An appeal to the participating governments of the
European Union - Russia summit to end continuing grave human rights violations and impunity in Chechnya.


Amnesty International calls upon the governments of the participating states of the European Union - Russian Federation summit meeting taking place in Paris today to take concerted, effective and sustained action to bring to a halt the continuing crisis of human rights violations in Chechnya and those inflicted on Chechens in other parts of Russia.

Amnesty International urges the European Union to take effective action on the situation of Chechnya and Chechens which is commensurate with the standards espoused in the European Union Presidency Conclusions reached at the Santa Maria da Feira European Council meeting of 19 and 20 June 2000, which stated that: ''A strong and healthy partnership must be maintained between the Union and Russia and must be based on common values, notably respect for human rights and fundamental freedoms''; and which called ''on Russia to meet its commitments and obligations concerning the continuing conflict in Chechnya'', including, inter alia: ''[A]voiding the excessive use of force'' and ''[E]ffective independent investigation into human rights abuses''.

Effective action must include:

< abNew measures employing appropriate instruments of the international human rights system to reinforce the European Union's previous initiative, an April 2000 United Nations Commission on Human Rights Resolution which the Russian authorities are currently failing to implement in its key provisions. New measures are urgently required to ensure that effective independent investigation into human rights abuses is undertaken and that the perpetrators are brought to justice;

< abEuropean Union recognition of and engagement in monitoring and resolving the wider ongoing human rights crisis affecting Chechens throughout the Russian Federation: patterns of persecution, discrimination and arbitrary measures which have reduced Chechens to a status beneath the law, unable to avail themselves of the human rights protection to which Russia's international obligations entitle them. The European Union should call for and assist the establishement of an independent commission or ombudsman office with the powers and resources to conduct independent investigations into alleged patterns, practices or instances of persecution, discrimination, or arbitrary measures exercised against Chechens, and to restore to Chechens the full range of human rights protection.

The current situation in Chechnya – the fruits of drift and complacency

Amnesty International is concerned that both Russian forces and Chechen fighters continue to perpetrate grave violations and abuses of human rights and international humanitarian law inside the Chechen Republic. These violations and abuses continue because, even now, those committing them believe they can do so with impunity.

The costs of a relaxation of international pressure upon the Russian authorities to meet their human rights obligations over Chechnya are high. The bill is being paid every day in Chechnya by those falling victim to new grave human rights violations. The European Union has a responsibility to ensure that pressure is sustained. Expressions such as ''gentle diplomacy'' may only too easily be understood by the Russian authorities to mean ''business as usual'' and European Union acquiescence in the status quo.

Amnesty International continues to receive reports from Chechnya of unlawful killings and woundings by Russian forces; indiscriminate bombing and shelling of civilian areas in breach of humanitarian law; arbitrary arrest, incommunicado detention, torture, ill-treatment and deaths in detention and ''disappearance''. The organization also receives reports of unlawful killings by Chechen fighters, and of the separatist Chechen authorities' incitements to kill members of the local administration appointed by the Russian authorities in Chechnya.

Amnesty International is gravely concerned that the bodies which have been established by the Russian authorities for the purpose of ensuring thorough and impartial investigations and the bringing of perpetrators to justice, such as the office of Vladimir Kalamanov, the Special Representative of the President on Human Rights and Freedoms in the Chechen Republic, are failing.

Amnesty International monitors through individual cases of alleged grave human rights violations the degree to which these bodies are proving successful. The current results are alarming and indicate that renewed and sustained international pressure and concerted follow-up on the Russian authorities' implementation of their human rights obligations in Chechnya are urgently required


Three cases are presented in an appendix to this appeal:

< abthe ''disappearance'' of the speaker of the separatist Chechen parliament Ruslan Alikhadzhiyev;

< abthe arbitrary arrest and incommunicado detention of the16-year-old Chechen boy Adam Abubakarov;

< abthe failure of the authorities properly to investigate the 5 February 2000 massacre of over 50 Chechen civilians at Noviye Aldi by Russian forces.

Amnesty International invites the European Union to pose questions about these cases to the Russian authorities at today's summit.

Time to renew the European Union's April 2000 initiative on Chechnya

The Russian authorities are failing or refusing to abide by key provisions of the European Union-sponsored Resolution on the ''Situation in the Republic of Chechnya in the Russian Federation'', adopted by the United Nations Commission on Human Rights at its 56th session in April 2000. The European Union should respond adequately to this.

The Resolution expressed grave concern about, inter alia: ''reports indicating disproportionate and indiscriminate use of Russian military force, including attacks on civilians, which has led to a serious humanitarian situation''; ''reports of attacks against civilians and serious crimes and abuses committed by Chechen fighters''; ''reports that gross, widespread and flagrant violations of human rights have been committed in the region, notably in the alleged ''camps of filtration''.

The Resolution, inter alia, called upon: ''the Government of the Russian Federation to establish urgently, according to recognized international standards, 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 the Republic of Chechnya in order to establish the truth and identify those responsible, with a view to bringing them to justice and preventing impunity.'' The Russian authorities had previously established the office of the Special Representative of the President on Human Rights and Freedoms in the Chechen Republic, headed by Vladimir Kalamanov. They announced the formation of a separate national public commission of inquiry a few days prior to the adoption of the CHR resolution.

Amnesty International had urged that the CHR Resolution should call for an international investigation, as the only way to bring perpetrators to account and ensure justice for the victims. The organization noted that the national public commission is made up of high-profile public figures, and does not include medical and forensic experts. Amnesty International stated that: ''There is a worrying lack of credibility and clarity surrounding the mandate of the national commission of inquiry'', fearing that: ''[I]t is more likely to be a timely public relations exercise by the Russian authorities, rather than a credible investigative body''. Six months on, this remains true, despite the good intentions of the national public commission's members. It has no investigative powers or resources. In this vital respect, the CHR Resolution remains unfulfilled – there is no independent investigation of alleged human rights abuses in Chechnya being conducted to recognized international standards. Neither the Kalamanov office nor the national public commission measure up to such standards.

The CHR Resolution requested the relevant special rapporteurs and working groups of the Commission to undertake missions to Chechnya and neighbouring republics and submit reports without delay, and urged the Russian authorities to cooperate in expediting these missions. These included the Special Rapporteur on torture, the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on violence against women, the Special Representative of the Secretary-General on internally displaced persons and the Special Representative of the Secretary-General for children and armed conflict. At the time of writing the Russian authorities had not complied with this aspect of the resolution.

In its vital provisions, the European Union-sponsored CHR Resolution remains unimplemented. If the European Union is to be true to the human rights standards it itself defines as the cornerstone of its partnership with the Russian Federation it must follow up and renew through appropriate instruments its initiative of April 2000.

Beneath the law - Chechens in the wider Russian Federation

Amnesty International calls upon the European Union to incorporate into its actions and its dialogue with the Russian authorities over the Chechnya conflict concern and engagement with the wider crisis of the corrosion and breakdown of Chechens' human rights protection throughout the Russian Federation. Through the 1990s an accumulating combination of anti-Chechen antagonism and racism in Russian society, and official Russian pronouncements, actions and policies gradually reduced Chechens in the Russian Federation to their present status of an ethnic group beneath the law, prey to abuses, persecution, extortion, and arbitrary treatment, including restrictions on their freedom of movement.

The Russian authorities have fought two wars in Chechnya within the last decade for the declared purpose of preserving the territory as a constituent part of the Russian Federation, and of guaranteeing to its inhabitants their rights under the Russian constitution. However, Chechens are now subjected by the authorities throughout the Russian Federation to forms of arbitrary treatment which suggest that, unless concerted, sustained action is taken to reconstruct for them an effective system of human rights protection, their future in Russia is that of a subjugated, conquered people.

In its December 1999 report ''For the Motherland'' (AI Index: EUR 46/46/99) Amnesty International documented the persecution of Chechens in Moscow by the police, and the unconstitutional measures instituted by the Mayor Yury Luzhkov to expel thousands of Chechens from Moscow, and to deny registration to internally displaced Chechens who had fled the conflict zone. Restrictions placed upon Chechens, preventing them from taking up residence in Moscow and other Russian cities, are reported to be ''complemented'' by restrictions which prevent many of them from leaving Chechnya and Ingushetia. These include the reported prevention of movement of Chechens by Russian federal forces and police deployed on the roads which link Ingushetia with the rest of the Russian Federation and the blocking of the entry of Chechens to other territories of the north Caucasus, such as Kabardino-Balkaria, by local police.

The Moscow police anti-terrorist operation entitled ''Whirlwind'', which was initiated in September 1999, is continuing. Similar anti-terrorist operations are reported in other large Russian cities. For Chechens and other people originating from the Caucasus region the Moscow operation has been characterized by arbitrary detention, cases of ill-treatment, the ''planting'' of incriminating evidence such as drugs or bullets upon detainees, and cases where torture has been used to induce detainees to confess to possession of drugs, weapons or bullets. In late August 2000 the newspaper Noviye Izvestiya revealed, and a Moscow police spokesman confirmed Alexander Oboidikhin to The Moscow Times, article entitled "Cops are counting arrested Chechens" by Oksana Yablokova, 2 September 2000., that at the end of every shift police officers have to fill in a table to document how many Chechens, Georgians or Azeris they have detained and the alleged intended purposes of the money which they have confiscated from the detainees.

Russian authorities have repeatedly hastened to place the blame for ''terrorist'' bombings upon Chechens, without awaiting the results of investigations. Such statements have directed public anger at Chechens, heightening anti-Chechen racism and antagonism in Russian society. They have contributed to a Russian social climate which now tolerates, and even approves of, the perpetration of human rights abuses against Chechens. The Russian central authorities launched aerial bombing and then a ground invasion in Chechnya after attributing the September 1999 apartment block bombings in Moscow and Volgodonsk, in which nearly 300 people died, to Chechen terrorists, although there was at that time no evidence of Chechen involvement, and strenuous denials were issued by the Chechen separatist leadership. Since 1996 the Moscow city authorities have attributed blame similarly. As documented in Amnesty International's April 1997 report: Torture in Russia, ''This man-made hell'' (AI Index: EUR 46/04/97), Moscow Mayor Yury Luzhkov, upon arriving at the scene of a bomb explosion on a trolley-bus on 12 July 1996, investigation of which had not yet commenced, publicly called for the expulsion of all Chechens from Moscow, and supported the proposal of a police officer to: ''introduce terror on the streets'' to that end. Mayor Luzhkov's immediate attribution of the 8 August 2000 Pushkin Square bombing to Chechens prompted a new wave of police persecution of Chechens in Moscow.

The situation of Chechens in the Russian Federation requires a radical new institutional solution, such as the establishment of a national commission or ombudsman office with the powers and resources to initiate and sustain measures to restore to Chechens the human rights protection to which they are entitled under Russia's international obligations. The European Union should use the influence, instruments and resources available to it to call for and assist the establishment of such an institution.
RUSSIAN FEDERATION
A Chechnya case dossier for the European Union - Russia summit


The following cases illustrate Amnesty International's concerns about grave human rights violations which continue to be perpetrated in Chechnya, and the continuing failure of the Russian authorities to ensure that impartial, thorough investigations are conducted, to bring the perpetrators to justice or to provide effective remedies to the victims or their relatives. The organization hopes that the European Union will avail itself of the opportunity at today's summit meeting to ask questions of the Russian authorities about these cases, and to address the patterns of human rights violation and of impunity which lie behind them.

''Disappearances'':
Background:

Russian forces are reported still to be detaining people, during ''cleansing'' operations, at checkpoints, or during random identity checks, whose further whereabouts and status are unknown. Recent estimates of the number of ''disappeared'' people in Chechnya range from 400, a figure given by the Russian authorities, to 18,000, a figure now being used by the Council of Europe. Amnesty International's representations to the Russian authorities on reported cases of ''disappearance'' after arrest by Russian forces have been met with the argument that no official record of the arrest or detention of the named person has been made and that therefore the case is a ''fabrication''. However, the Russian authorities have extended their denials or refusal to give information on cases of alleged ''disappearance'' even to cases in which they have previously confirmed that the person in question was arrested by Russian forces.

The case of Ruslan Alikhadzhiyev, the speaker of the Chechen separatist parliament.



Ruslan Alikhazhiyev was a Chechen field commander in the 1994-6 Chechnya War. In 1997 he was elected as a member of the separatist Chechen parliament of ''the Republic of Ichkeria'', and was chosen as the parliament's chairman. He took no part in fighting during the new Chechnya war, which began in September 1999. Throughout the current war until his arrest in May 2000 he remained at his family home in the Chechen town of Shali. In the early months of 2000 he spoke out in favour of political negotiations and compromise to end the war, and proposed himself as a possible mediator between the Russian and the Chechen separatist authorities. Ruslan Alikhadzhiyev was taken from his home in the Chechen town of Shali on 17 May 2000 by a Russian force that included several armoured vehicles and two helicopters. He was reportedly taken with six other detainees, who were later released, to a Russian military intelligence (GRU) facility in the Chechen town of Argun. At a 25 May 2000 press briefing the deputy chief of the Russian army general staff, General Valery Manilov, confirmed that Russian forces had captured Alikhadzhiyev. However, what happened to Ruslan Alikhadzhiyev in detention remains a mystery. Chechen separatist sources claimed on 2 September 2000 that he died of a heart attack on 31 August 2000, after torture in the Federal Security Service (FSB)-run Lefortovo prison, in Moscow. The FSB denied that Alikhadzhiyev had ever been held in the prison, in a 7 September 2000 public statement, and said they could not confirm the claim about his death. The previous day they confirmed to Associated Press that Alikhadzhiyev had been arrested. The Prosecutor General's office had earlier told Ruslan Alkhadzhiyev's Moscow lawyer that no criminal charges had been filed against him, and the Ministry of Internal Affairs reportedly said that his name is not on its computerized register of all people officially detained in the Russian Federation. Ruslan Alikhadzhiyev's lawyer told Amnesty International that the Russian Prosecutor's Office in the Chechen Republic informed him on 3 August 2000 that the Shali District Prosecutor has begun a criminal investigation into the kidnap of Ruslan Alikhadzhiyev by Russian forces. Whether the office of the Special Representative of the President of the Russian Federation on Human Rights and Freedoms in the Chechen Republic or other relevant bodies are able or willing to secure adequate results in such a case of clear abuse by Russian forces will indicate the extent to which one may expect adequate action in the many other cases of alleged ''disappearance'' where such incontrovertible evidence is not so immediately and publicly available. Despite media coverage and interest in the case in early September 2000 the Russian authorities have failed to provide explanations.



Incommunicado detention and torture:

Background:
Russian forces are still reported to be detaining people in Chechnya and holding them without access to their relatives, lawyers or the outside world. Such incommunicado detention facilitates and increases the risk of torture. People who have survived detention by the Russian authorities in the detention centres or ''filtration camps'' of Chechnya have testified to Amnesty International that detainees are regularly and systematically tortured. The most common reported method of torture is beating, including the use of hammers and clubs. Rape, and torture with electric shocks and tear gas, have also been reported.
On 22 September 2000 Vladimir Kalamanov, the Special Representative of the President on Human Rights and Freedoms in the Chechen Republic, stated to ITAR-TASS that his staff regularly visit Chernokozovo and other detention centres in Chechnya and that no complaints have yet been made about the conditions or treatment of detainees. However, on 22 September 2000 the Special Representative, referring to the absence of any complaints by detainees, accepted that many might be afraid to speak up and that therefore: ''Obviously, we shall have to change our methods''. Such a change of methods needs to be undertaken urgently.

Since March and April 2000 some of the larger detention centres, such as that at Chernokozovo in northern Chechnya, have come under limited monitoring by international organizations such as the International Committee of the Red Cross and the Council of Europe's Committee for the Prevention of Torture. However, Amnesty International has continued to receive reports of torture at the larger detention centres subsequent to March and April 2000. The organization has received compelling reports that beatings and rape were still being perpetrated by the guards at Chernokozovo detention centre against detainees, including women, as late as July 2000. Former detainees have reported that they were threatened with further torture if they dared to reveal to the visiting international delegations the systematic torture which still prevailed in Chernokozovo. The authorities at Chernokozovo did not reveal to visiting international delegations the existence of basement premises which are used as a holding area for many new detainees. The basement reportedly includes a cell which has been flooded with water to ankle height in which new detainees have been kept for several days, unable to sleep. The guards are reported to have poured noxious chemicals into the water, into which they deliberately threw detainees. Former detainees also reported that the basement contained special torture equipment consisting of a pulley mechanism by which detainees with chains attached to their legs were stretched.

Information about detainees at the larger detention centres, such as Chernokozovo, which have now been designated as Ministry of Internal Affairs pre-trial detention centres (SIZOs), became more available by mid-2000, and detainees at these larger and known detention centres now appear to be officially registered. However, this development has been accompanied by a reported tendency for detainees to be kept outside the SIZOs, in other facilities where they are not officially registered. These include military detention centres (IVSs) and other new, secret and unofficial places of detention, which are reported to include railway carriages and holding pits specially dug in the ground at military checkpoints. The Russian non-governmental human rights organization Memorial, which maintains a constant information gathering and monitoring presence in neighbouring Ingushetia, estimates that only 10 per cent of those detained by Russian forces in Chechnya are officially registered as detainees, and that the other 90 per cent are detained in IVSs or other unofficial, secret places of detention, or have been subjected to extrajudicial execution. Russian forces and detention centre guards are frequently reported to demand payment in weapons, money or provisions from the relatives of Chechen detainees to secure either their release or, in some cases, the return of their corpse.

Vladimir Kalamanov is reported to have stated on 8 September 2000 that 1,200 Chechens have passed through the SIZOs of the North Caucasus since the beginning of the present conflict, and that rumours that many more had been detained were unfounded. In early April 2000 the Special Representative joined with the Russian deputy Minister of Justice in denouncing Amnesty International's reporting of the existence and locations of hitherto secret detention centres or ''filtration camps'', claiming that no such secret detention facilities existed and that no detainees in Chechnya are tortured.

The case of Adam Abubakarov, a 16-year-old Chechen boy



Adam Abubakarov was arrested at a Russian army checkpoint in Urus-Martan in February 2000, while travelling to rejoin his family in Ingushetia, to which they had fled. He was reportedly detained at the ''Internat'' detention centre. His mother and other relatives went to the ''Internat'' and were sold a list of detainees by Chechen guards, which included Adam Abubakarov's name. The prison authorities demanded US $1,000 for his release, and set a 27 March 2000 deadline to deliver the money. Khava Abubakorova collected the $1,000, but on her return to the ''Internat'' was told by Chechen guards that her son and 10 other detainees had already been transferred to another detention facility in the Chechen village of Znamenskoye. She returned to Ingushetia, and the Chechen-Ingush border was closed when she tried to travel to Znamenskoye, so she missed the 27 March 2000 deadline. The family later received reports that Adam had been transferred to a detention facility in Mozdok, and from there possibly to the prison hospital in Pyatigorsk, in Russia's Stavropol Territory. Adam Abubakarov's father Hamzat visited the Memorial field office in Nazran at the end of August 2000, and said that he has no fresh news of his son. According to a new report, in early October 2000 he had information that his son was now being detained in Rostov-on-Don, and, helped by the sale of his tractor, he was gathering money to meet a new ransom demand equivalent to $7,000. At a meeting in Moscow on 2 June 2000 Amnesty International requested the help of the office of the Special Representative of the President on Human Rights and Freedoms in the Chechen Republic in discovering the whereabouts of Adam Abubakarov. In July 2000 the Russian authorities stated to Amnesty International that: ''No Adam Abubakarov has ever been arrested or detained or put into any detention institutions of the Russian Federation. No criminal case has ever been instituted against such a person.'' In August 2000 a representative of the Russian authorities wrote to an Amnesty International member: ''Yes, 'Adam Abubakarov's case' is fabricated, and you personally help to use this fabrication against my country.'' The same official commented that Adam Abubakarov was a figment of ''virtual reality''.


Extrajudicial Execution

Background:
Amnesty International continues to receive reports of unlawful killings by Russian forces during so-called ''cleansing'' operations. The organization is concerned that the authorities still do not appear to be initiating prompt, thorough and impartial investigations into reports of extrajudicial executions.

The Noviye Aldi massacre



The case of the unlawful killing of 50 to 100 inhabitants of Noviye Aldi suburb of the Chechen capital Grozny by Russian forces during a ''cleansing'' operation on 5 February 2000 demonstrates ongoing impediments to thorough and impartial investigation, and the difficulties which victims of grave human rights violations by Russian forces in Chechnya or their relatives encounter in trying to secure the right to an effective remedy, which is guaranteed by Article 13 of the European Convention. This massacre by Russian forces has now become the subject of separate extensively researched and detailed public reports by the human rights organizations Human Rights Watch (available online at www.hrw.org) and Memorial (available online in Russian at www.memo.ru). The first information on the massacre was reported by Human Rights Watch on 23 February 2000, gathered from the testimony of Chechens who had travelled to Ingushetia. The next day the Russian Ministry of Defence issued a denial: ''These assertions are nothing but a concoction not supported by fact or any proof''. The Russian North Caucasus Military Prosecutor's Office received and rejected the complaints of the surviving inhabitants of Noviye Aldi, deciding on 3 March 2000 not to initiate a criminal investigation into the actions of soldiers. Further reports about the massacre by AFP and the Russian NTV television program Itogi on 18 and 19 March 2000 prompted official statements that investigation had established that Russian soldiers were not involved in the incident, and that an investigation was now being initiated by the Grozny City Prosecutor's Office. This was later confirmed by the Russian delegation to the Parliamentary Assembly of the Council of Europe. Exhumation and forensic examination of 30 corpses was performed in late April 2000. A briefing given to Memorial researchers on 14 June 2000 in Znamenskoye by the Chief Prosecutor of Chechnya, V.P. Kravchenko, demonstrated that the investigation was not being conducted in a serious way likely to bring results. The perpetrators of the massacre were still identified by the formula: ''armed people dressed in Russian camouflage uniform'', and the Chief Prosecutor stated: ''Who the killers were - soldiers, Ministry of Internal Affairs officers, or bandits - is still not established. Photo-fit portraits of the killers are being made.'' The families of the massacre victims are reported to have been denied death certificates by the authorities. Officials of the Grozny City Prosecutor's Office, who asked not to be identified, informed the Russian newspaper Novaya Gazeta (as reported on 11 September 2000) that they received a strict order from Moscow to slow down the investigation into the Noviye Aldi massacre and to cease giving out any official documents confirming the fact of the massacre, in order to prevent the families of the victims from presenting such documents as evidence to international organizations. Prior to this, in April 2000, in the absence of official death certificates, the investigator of the Grozny City Prosecutor's Office directly responsible for conducting the criminal investigation into the massacre, T.A. Murdalov, began to issue documents to the victims' relatives, stating the following: ''In the morning of 5 February 2000 in the Noviye Aldi settlement of the Factory district of the city of Grozny in the Chechen Republic in the course of conducting an identity and registration check of the residents personnel of units of the Ministry of Defence and the Ministry of Internal Affairs of the Russian Federation committed a mass murder of the civilian population, including [name of the victim]. The Chief Administration of the General Prosecutor's Office of the Russian Federation in the North Caucasus is conducting an investigation into this fact.'' Investigator Murdalov gave out 13 such certificates before he was removed from investigation of the case. In July 2000 the relatives of the victims discovered that investigation of the case had been transferred to an investigator in the town of Essentuki, outside the borders of the Chechen Republic, in the Stavropol Region. Moreover, the Grozny City Prosecutor's Office was no longer able to give them any more information about the investigation, nor to assist their communication with the new investigator. The dangers and restrictions placed upon Chechens' freedom of movement are currently such that it is virtually impossible for the relatives to travel to Essentuki. In this, one of the most prominent of the mass extrajudicial execution cases, the office of the Special Representative of the President on Human Rights and Freedoms in the Chechen Republic and other relevant bodies appear to have failed to prevent what seems to be the deliberate emasculation of the official investigation.




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