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In a letter to Acting President Vladimir Putin, Human Rights Watch today condemned the Russian government for exchanging journalist Andrei Babitsky for Russian soldiers held by Chechen rebels, which, according to a Russian government spokesperson, took place on February 3, 2000.

Mr. Babitsky, a correspondent for Radio Liberty, had been reporting from the besieged capital of Grozny when Russian forces detained him on January 15. He was held in incommunicado detention in Chechnya for over two weeks. On February 3, a Russian government spokesman claimed that Mr. Babitsky had been handed over to a Chechen military unit in exchange for two Russian prisoners of war. The spokesman said Mr. Babitsky signed a statement agreeing to this exchange.

"Not only are we concerned about Mr. Babitsky's treatment during his detention, we are especially troubled that no one has heard from him since the reported exchange," said Holly Cartner, director of Human Rights Watch's Europe and Central Asia divsion. "The Russian government had an obligation to insure his safety and must now provide information about his release and whereabouts." Human Rights Watch also urged the Russian government to provide credible evidence that Mr. Babitsky was in good health at the time the exchange was said to have taken place.

Human Rights Watch charges that if Mr. Babitsky was indeed exchanged for Russian prisoners of war, Russia had essentially treated him -- a noncombatant and a Russian journalist -- as if he were a hostage who was captured from enemy territory and then traded to the enemy for gain. The practice of taking noncombatants hostage is explicitly prohibited by common article 3 of the 1949 Geneva Conventions and article 4 of Protocol II. Russia's treatment of Mr. Babitsky thus runs counter to the spirit of common article 3 of the 1949 Geneva Conventions and Protocol II.

Human Rights Watch also questioned the voluntary nature of the agreement to be exchanged for Russian prisoners of war which Mr. Babitsky apparently signed, as Mr. Babitsky had no access to a lawyer during his incommunicado detention.

Human Rights Watch stated that video footage of the exchange, shown on Russian television on February 4, did little to alleviate these concerns. "The footage simply shows Babitsky being handed over to two unidentifiable men in masks, and it is unclear when or where the footage was shot."

Human Rights Watch emphasized that the Russian government is responsible both for Andrei Babitsky's treatment in Russian detention, and his fate after the alleged handover to Chechen rebels. It urged the Russian government to:

  • To clarify the exact circumstances surrounding Mr. Babitsky's release;
  • To provide the identity of the Russian and Chechen military units present at the time of Mr. Babitsky's "release";
  • To provide credible evidence that he was released in good health, and that his treatment in Russian detention was conform international standards; and
  • Take all necessary measures to locate Mr. Babitsky and insure his safety.

For further information, contact:
In New York, Diederik Lohman +1 914 830 4948
In Brussels, Jean-Paul Marthoz +32 2 736 7838

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OPEN LETTER

February 4, 2000

Acting President Vladimir Putin
The Kremlin
Moscow
Russia

Dear Mr. President,

On behalf of Human Rights Watch, please accept my greetings.

We are writing to you today to express our utmost concern about the fate of Radio Liberty journalist Andrei Babitsky, who was detained by Russian forces about two weeks ago, and, according to a Russian government spokesman, was handed over to a Chechen military unit on February 3, 2000 in exchange for two Russian prisoners of war. Since the reported handover, neither Mr. Babitsky's family nor anyone else has heard from him and, more than twenty-four hours after he was reportedly released, his whereabouts remain unknown. Human Rights Watch is gravely concerned about Mr. Babitsky's security, and calls on you to clarify the exact circumstances surrounding Mr. Babitsky's release, and to provide credible evidence that he was released in good health.

Mr. Babitsky, a ten-year-veteran reporter for the U.S.-sponsored Radio Liberty, had been reporting from the besieged capital of Grozny. His reporting was often critical of the Russian government's conduct of the war, and Russian officials had often accused Babitsky of being pro-Chechen in his accounts. Babitsky was initially reported missing on January 15, 2000. After denying for five days that they had detained Babitsky and suggesting that he may have disappeared at the hands of Chechen rebels, Russian authorities finally admitted on January 28, 2000 that Babitsky was in their custody.

According to Russian news reports, Babitsky was detained by the Russian security service. The Interfax agency reported that Babitsky was charged with "taking part in an illegal armed formation," but this report has not been confirmed by Russian authorities. Ministry of Interior officials said on national television that Babitsky had been detained because he was not properly accredited. Babitsky was held incommunicado, without access to his lawyer or any communication with his family during the full period of his detention.

Mr. Babitsky's detention and later treatment violates Russian and international law. According to Human Rights Watch's information, Mr. Babitsky was only doing his job as a journalist in Chechnya when he was detained. There is no evidence that he was involved in any illegal activities, as the Russian government now claims. His apparent lack of accreditation would not justify his detention for over two weeks under Russian law, and is a clear violation of international standards ensuring freedom of the press. It is also unclear why Mr. Babitsky was held for such a long time while several other journalists who had no accreditation were only for a short period and then released. What is more, according to both international and Russian law, Mr. Babitsky should have been promptly granted access to a lawyer and should have been given the opportunity to notify his family of his whereabouts.

Initially, in late January, Russian officials informed Radio Liberty that Babitsky would be released under so-called "city arrest," which would prevent him from leaving Moscow. City arrest is commonly applied to persons under criminal investigation.

However, on February 3, Sergei Yastrzhembsky, Russia's spokesman for the war effort, announced that Babitsky, an ethnic Russian, had been handed over to a Chechen rebel unit in exchange for two Russian prisoners of war at around 3:00 p.m. on February 3. He showed a statement Babitsky was said to have signed on January 31 agreeing to the exchange. Russian television later broadcast footage of what it said was Babitsky's handover, showing an unshaven Babitsky being escorted by Russian soldiers along a road and then given to two unidentifiable unarmed man wearing camouflage jackets and masks. There is also no indication of the date when the footage was shot. Several Chechen rebel sources have denied that the handover took place.

Not only was Mr. Babitsky's initial detention a violation of international human rights law, but his exchange for Russian prisoners of war clearly violates international humanitarian law. The Russian government essentially treated Mr. Babitsky, a noncombatant and a Russian journalist, as if he were a hostage who was captured from enemy territory and then traded to the enemy for gain. The practice of taking noncombatants hostage is explicitly prohibited by common article 3 of the 1949 Geneva Conventions and article 4 of Protocol II. Russia's treatment of Mr. Babitsky thus runs counter to the spirit of common article 3 of the 1949 Geneva Conventions and Protocol II.

It is also highly questionable whether Mr. Babitsky voluntarily agreed to the exchange procedure, as the Russian government claims. By January 31, the date of Babitsky's signature, he had been held in incommunicado detention for over two weeks without access to a lawyer. However, whether he agreed to be turned over to the Chechen side or not, this does not minimize Russia's obligation to insure his safety.

The claimed handover of Babitsky to Chechen rebels violates article 5(2e) of Protocol II which states that the physical or mental health and integrity shall not be endangered by any unjustified act or omission." It also violates article 5(4) of Protocol II, which states that "if it is decided to release persons deprived of their liberty, necessary measures to ensure their safety shall be taken by those so deciding." By releasing Mr. Babitsky to a Chechen rebel unit in the middle of a war zone, Russia clearly failed to ensure Mr. Babitsky's safety. In fact, Mr. Babitsky should never have been held inside Chechnya. Article 5(2c) of Protocol II requires that places of detention "shall not be located close to the combat zone."

Human Rights Watch is deeply concerned over Babitsky's's well-being both at the time of the claimed handover and at present. Babitsky was held in Russian detention for more than two weeks, during which he was not allowed any contact with the outside world. This raises serious concerns about the conditions of his detention and the treatment he received. The footage shown on Russian television does little to alleviate these concerns. The footage shows a subdued though not visibly physically injured Babitsky being handed over to two unidentifiable men wearing masks. It is not even possible to tell from the footage whether these men are in fact Chechens. Disturbingly, nobody has heard from Babitsky even though he was more than twenty-four hours have passed since his "release." It is thus neither clear whether Babitsky was in good health at the time of the claimed exchange nor whether he is now.

Mr. President, the Russian government is not only directly responsible for the treatment Andrei Babitsky received in Russian detention, it also is responsible for his fate after his claimed handover to Chechen rebels. We call on you:

  • To clarify the exact circumstances surrounding Mr. Babitsky's release;
  • To provide the identity of the Russian and Chechen military units present at the time of Mr. Babitsky's "release";
  • To provide credible evidence that he was released in good health, and that his treatment in Russian detention was conform international standards; and
  • Take all necessary measures to locate Mr. Babitsky and insure his safety.

We look forward to your response.

Yours sincerely,

/s/

Holly Cartner
Executive Director
Europe and Central Asia division
Human Rights Watch

For Further Information:
Diederik Lohman (New York) +1 212 216 1266
Rachel Denber, Nazran +881 631 03 3488 (Satphone)

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