HUMAN RIGHTS WATCH

Publications
A LEGACY OF ABUSE
January 1997, Vol. 9, No. 2 (D)
SUMMARY
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RECOMMENDATIONS
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TABLE OF CONTENTS
SUMMARY
On Monday, January 27, the people of Chechnya will hold presidential and parliamentary elections,
the first since the brutal war ended there last fall. These elections mark the beginning of a new era
for Chechnya after twenty months of war and destruction. However, many issues remain unresolved
and continue to present an obstacle to establishing long-term respect for human rights and the rule
of law. By some accounts, more than 1,400 Chechens and 1,000 Russian servicemen remain
missing, yet the Russian parliament has thus far failed to adopt an acceptable amnesty that would
release those still forcibly detained by both sides; bartering for individuals continues in spite of an
“all for all” prisoner exchange envisaged in the Khasavyurt agreements. Mass graves
contain unidentified bodies. Land mines pose a constant threat to civilians. And the complete
failure to hold accountable those responsible for crimes against civilians deepens an already
profound Chechen mistrust of the Russian government, sets an ugly precedent for the immunity of
the military in both Russian and Chechen societies, and serves to perpetuate the notion that
humanitarian law guarantees are nothing but a myth.
Tensions between Russia and Chechnya are likely to remain for years to come, especially because
the Khasavyurt agreements, which ended the war, did not resolve the question of Chechnya’s
legal status, but postponed a decision until December 31, 2001. Many of the issues that led to the
war will remain great sources of potential conflict.
In addition to resolving the issues related to the war, the new government of Chechnya will be faced
with the challenge of creating state institutions that protect the rights of all its citizens. Beyond the
war legacy, Chechnya must establish civil rights protections in law and practice. Yet the current
criminal code of Chechnya, adopted by the government, contains many provisions sanctioning cruel
and unusual punishment and seriously curtailing freedom of expression and opinion.
At this moment of transition, it is incumbent upon both the Russian government and the new
government of Chechnya to show good faith by clarifying the whereabouts of those still missing,
by adopting an amnesty that will allow those forcibly detained to go home, and by taking concrete
steps to hold those responsible for laws of war violations accountable for their crimes. Without a
willingness to respect international commitments, there is little hope that the most difficult issues
of Chechnya’s status can be resolved without again resorting to violence.
RECOMMENDATIONS
Human Rights Watch/Helsinki urges:
The Russian Duma:
to adopt an
amnesty within the guidelines set out in Protocol II additional to the Geneva Conventions, article
6.1. Such an amnesty would provide for the release of those forcibly detained by both sides and
would exclude those who committed grave breaches of humanitarian law;
The Russian government:
to reinvigorate
the process of investigating and prosecuting, in full compliance with international law, those
responsible for gross humanitarian law violations, especially indiscriminate shelling, targeting
civilians, torture, and using civilians as human shields;
to cooperate fully
with the Chechnya Procuracy in order to investigate and prosecute the 342 cases of crimes allegedly
commited throughout the war by Russian soldiers which it has compiled and include the Chechnya
Procuracy in the investigation of these and other cases;
in compliance
with the Khasavyurt agreements and Protocol II additional to the Geneva Conventions, unilaterally
and unconditionally to release all Chechen prisoners held for their alleged participation in rebel
activities;
to provide sincere
cooperation in the search for Chechens held in custody for their alleged participation in rebel
activities by, among other things, indicating on lists of Chechens in custody the exact dates of arrest
and convictions; and
to fulfill its
obligation detailed in the Council of Europe’s Parliamentary Assembly Opinion No. 193
(1996), point 7 (vii): “those found responsible for human rights violations will be brought to
justice notably in relation to events in Chechnya.”
The Governing Authorities in Chechnya:
in compliance
with the Khasavyurt agreements and Protocol II additional to the Geneva Conventions, unilaterally
and unconditionally to release all Russian servicemen forcibly detained;
to thoroughly
investigate, and prosecute, in full compliance with international law, individuals responsible for
grave breaches of humanitarian law, especially summary executions and hostage-taking;
to revise the
criminal code to eliminate the death penalty and corporal punishment, and to bring it into full
compliance with the International Convention on Civil and Political Rights, especially in such areas
as the right to freedom of conscience, the right to privacy, and the presumption of innocence;
and
to provide
extraordinary security for the Russian federal procuracy and other officials who travel to Chechnya
to cooperate in the investigation of war-related crimes.
We further urge:
The Organization for Security and Cooperation in Europe (OSCE)
—Assistance Group in Grozny:
to condemn in
public and private the practice of hostage-taking and using detainees for bargaining purposes; and
seek satisfactory responses from the Chechen command on cases as they come to light;
to insist that both
sides unilaterally release all prisoners and hostages as a matter of principle and not based on
reciprocity;
to contract a team
of forensic experts, including, if necessary, international experts, to assist Russian state forensic
experts in exhuming mass graves and identifying the contents;
as a matter of
priority, to travel extensively in northern Chechnya to examine claims of political persecution
against those who opposed the Dudayev independence movement and the current government;
as a matter of
priority, to call on the Chechen side to be responsive to the security needs of non-Chechens in
Chechnya;
to initiate a visit
by mine removal experts, if necessary, international experts, to work with the OSCE’s Joint
Commission to conduct a comprehensive survey of mines locations;
to produce a
mines awareness brochure and distribute it widely throughout Chechnya in Russian and Chechen
translation, especially in rural areas; and
The Office of Democratic Institutions and Human Rights:
to conduct
training seminars for the Chechen Procuracy and Ministry of the Interior (MVD) on police
recruitment, focusing on the importance of screening out police recruits who were formerly
combatants and who violated humanitarian law; on civil rights and law enforcement; and on
international human rights instruments (including the Helsinki Final Act, U.N. conventions,
European conventions, and their application in post-war Chechnya. Such seminars should envisage
in situ follow up by ODIHR or other OSCE bodies.
The U.S. government:
to incorporate
the need for accountability and the mechanisms for accountability in the agenda for U.S.-funded
judicial reform projects in Russia;
to seek
guarantees on the release of Chechen prisoners and accountability in the preparation for the March
summit meeting between President Clinton and President Boris Yeltsin.
Human Rights Watch/Helsinki takes no position on the question of Chechnya’s
independence. Our sole concern lies with the protection of civilians and respect for human rights and
humanitarian law. We refer to the area as Chechnya, rather than the Chechen Republic or the
Chechen Republic of Ichkeria, as a matter of principle to avoid the issue of Chechnya’s
sovereignty.
TABLE OF CONTENTS
SUMMARY
RECOMMENDATIONS
BACKGROUND
LEGAL OBLIGATIONS
MISSING PERSONS, THOSE FORCIBLY DETAINED, AND EXCHANGES
Detentions by Russian Forces
Detentions by Chechen Forces
Amnesty
TORTURE IN DETENTION
By Russian Forces
At PAP-I
Khankala
Samashki and Piatigorsk
By the Chechen Side
MINES AND DEMINING
ACCOUNTABILITY
By the Russian Side
By the Chechen Side
Amnesty
CIVIL AND POLITICAL RIGHTS IN POST-WAR CHECHNYA
Post-war Summary Executions
The Chechnya Criminal Code
Human Rights Watch
January 1997
Vol. 9, No. 2 (D)
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