Excellencies,

We are writing to you in anticipation of the fiftieth anniversary celebration of the European Convention on Human Rights on 3-4 November in Rome. The creation of the Convention and the institutions established to enforce and promote the rights enshrined in it are indeed achievements worthy of celebration. As the bedrock of the European human rights regime, the Convention is responsible for vast improvements in the lives of the more than 850 million people living in Council of Europe member states.

Unfortunately, as European ministers gather in Rome, this crowning achievement is seriously under threat. You face challenges relating to the backlog of cases at the Court, the troubling trend of non-compliance with Court judgments, and the development of a complementary E.U. human rights regime.

These issues deserve your attention. But we would like to highlight a more fundamental problem: the on-going massive violations of the Convention committed by the Russian Federation in Chechnya. Unfortunately, this is a human rights catastrophe that defies the normal convention enforcement regime. Our researchers have over the past year carefully documented more than 120 summary executions committed by Russian security forces in Chechnya. The enclosed report released this week details torture experienced by thousands of Chechen detainees, a practice that is continuing even as you convene in Rome. The war has seen thousands of civilian casualties, in many cases victims of indiscriminate or disproportionate attacks. Were we to usher each of these victims to Strasbourg, the Court would certainly grind to a halt. Setting aside such practical considerations, the very purpose of the Convention-"to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration"-requires more concerted action in the face of such widespread and systematic violations. In short, it calls for an interstate complaint against the Russian Federation, so that a proper legal accounting of alleged abuses can be obtained and further violations deterred.

Last March, thirty European and international non-governmental organizations joined in calling on member states to sue the Russian Federation before the European Court of Human Rights. This demand was brushed aside with assurances that the Russian government would take steps to abide by the Convention and hold any violators responsible. Unfortunately this faith in the Russian government has proved ill-placed. No serious investigations into the massacres of civilians or arbitrary detention have occurred. The European Court of Human Rights is the only hope for justice, which was so lacking after the last Chechen war and is necessary for any lasting, peaceful resolution of the conflict.

As you convene in Rome, we send you our congratulations and appreciation for the achievement that the European Convention represents. But we urge you to reflect upon the responsibility that it confers upon you, not only for your government, or the people of your country, but for all of the people of the Council of Europe region.

Sincerely,

Rachel Denber
Executive Director
Europe & Central Asia Division
Human Rights Watch