|
Support HRW |
|
|
1. "RIA
reports results of successful crime fighting in Chechnya in 2000," RIA
News Agency/BBC Monitoring, May 28, 2000.
Beating
of the feet, commonly referred to as falanga, falaka,
or basinado,
is a widely recognized form of torture which can have severe consequences,
including muscle necrosis, vascular obstruction, and chronic disability
and pain.
See Action Against Torture Survivors et al., Manual
on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment ("The Istanbul Protocol"),
August 1999, for a detailed medical description of the effects of falanga
torture.
3. For more information on abuses in the war in Chechnya,
see the Human Rights Watch website, www.hrw.org. In addition to many press
releases documenting abuses, Human Rights Watch has issued three reports
since the resumption of hostilities in Chechnya: "February 5: A Day of
Slaughter in Novye Aldi," a 4. See Michael Gordon, "Troops Try to Regain Footing
in Chechnya After Rebel Strikes," 5. Daniel Williams, "Russians to Detain Males in
Chechnya: General Criticizes Troops for Trusting Civilians," 6. Daniel Williams, General Kazantsev also stated
that "only children up to the age of ten, men over sixty, and women, will
henceforth be regarded as refugees." Human Rights Watch press release,
"Russia Closes Borders to Chechen Males: Blanket Ban Traps Men in War Zone,"
January 12, 2000. In the 1994-1995 conflict in Chechnya "filtration camps"
were detention centers run by Russian forces ostensibly to weed out Chechen
rebels and to gain information about rebel activities. See Human Rights
Watch/Helsinki, "Russia/Chechnya: A Legacy of Abuse," 7. Derogation from certain human rights norms, such
as procedural rights, are permitted in officially declared public emergencies
threatening the life of the nation. However, Russia has not declared a
state of emergency in Chechnya under either the procedures of the ICCPR
or the ECHR.
8. The protections that humanitarian law affords
non-combatants, by design applicable in time of war, are not subject to
derogation.
9. Article 1 of Protocol II states it applies, inter
alia, to those armed conflicts between a party to the treaty and "dissident
armed forces or other organized armed groups which, under responsible command,
exercise such control over a part of its territory as to enable them to
carry out sustained and concerted military operations and to implement
this Protocol." Chechen separatist forces fit this description. Indeed,
in May 2000, Chechen President Aslan Maskhadov wrote to the Swiss Federal
Council, indicating that the separatist Chechen republic wanted to accede
to the four Geneva Conventions and their two additional protocols. "Chechen
Rebels bid for Geneva Conventions status," 10. Common Article 3(1) to the Geneva Conventions
of 1949 and Protocol II, art. 4(2).
11. See "Report of the U.N. Special Rapporteur on
Torture," Mr. Nigel S. Rodley, submitted pursuant to the Commission on
Human Rights Resolution 1992/32.E/CN.4/1995/34, Paragraph 19, January 12,
1995. See also 12. In internal armed conflicts, such as the Chechen
conflict, common Article 3 of the Geneva Conventions prohibits "outrages
upon personal dignity, in particular humiliating and degrading treatment,"
while Protocol II is even more explicit, expressly prohibiting "outrages
upon personal dignity, in particular humiliating and degrading treatment,
rape, enforced prostitution and any form of indecent assault."
14. Law of the Russian Federation on the Police,
article 11(2).
15. Constitution of the Russian Federation (1993),
Article 21(2).
16. Criminal Code of the Russian Federation (entered
into force 1997), Article 111.
17. Criminal Procedure Code of the RSFSR (1962,
as amended), Article 20(3).
18. Article 5 of the Law of RSFSR on Police, as
amended on March 31, 1999, published in 19. Article 1 states: "The High Contracting Parties
shall secure to everyone within their jurisdiction the rights and freedoms
defined in Section I of this Convention." Article 3 states: "No one shall
be subjected to torture or to inhuman or degrading treatment or punishment."
Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.
There shall be thorough, prompt and impartial investigation of all suspected cases of extra-legal, arbitrary and summary executions, including cases where complaints by relatives or other reliable reports suggest unnatural death in the above circumstances. Governments shall maintain investigative offices and procedures to undertake such inquiries. The purpose of the investigation shall be to determine the cause, manner and time of death, the person responsible, and any pattern or practice which may have brought about that death. It shall include an adequate autopsy, collection and analysis of all physical and documentary evidence and statements from witnesses. The investigation shall distinguish between natural death, accidental death, suicide and homicide.
Provision 17 of the Principles states:
A
written report shall be made within a reasonable period of time on the
methods and findings of such investigations. The report shall be made public
immediately and shall include the scope of the inquiry, procedures and
methods used to evaluate evidence as well as conclusions and recommendations
based on findings of fact and on applicable law. The report shall also
describe in detail specific events that were found to have occurred and
the evidence upon which such findings were based, and list the names of
witnesses who testified, with the exception of those whose identities have
been withheld for their own protection. The Government shall, within a
reasonable period of time, either reply to the report of the investigation,
or indicate the steps to be taken in response to it.
25. For a full explanation of the failure to provide
due process, see the chapter "Other Violations of the Rights of Individuals
Deprived of their Liberty" below.
26. "Russian general says movement restriction on
Chechen males 'forced' measure," 27. The word "propiska" has been excluded from official
use since 1995 when the government introduced 30. Human Rights Watch interview with "Idris Batukaev"
(not his real name), aged twenty-seven, Ingushetia, April 26, 2000.
32. The Kavkaz checkpoint is located inside Chechnya,
several kilometers to the east of Sleptsovsk, Ingushetia.
33. Human Rights Watch interview with "Alisa Ebieva"
(not her real name), age withheld, Ingushetia, March 28, 2000.
36. Some mop-up operations--for example in Alkhan-Yurt
and Aldi--turned into wanton rampages of summary executions and looting,
with Russian forces responsible for large-scale killings and other serious
abuses. Human Rights Watch, "February 5: A Day of Slaughter in Novye Aldi,"
a 37. Human Rights Watch interview with "Khamid Taramov"
(not his real name), aged forty-nine, Ingushetia, May 8, 2000. MVD is the
Russian acronym for the Ministry of Internal Affairs; FSK is the Russian
acronym for the Federal Counter-Intelligence Service, a successor to the
KGB, which is now known as the FSB.
39. Human rights watch interview with Eliza Ismailova,
aged thirty, Ingushetia, April 24, 2000.
40. Human Rights Watch interview with Tamara Doshaeva,
aged forty-seven, Yandirka displaced persons camp, Ingushetia, April 28,
2000.
41. The arrests occurred in the wake of shelling
of the densely populated town: after Russian forces entered the town they
executed at least seven men. See "Russian Soldiers Executed Seven Men in
Chechen Village; Snipers in Gekhi-Chu Shot Civilians," Human Rights Watch
press release, March 31, 2000. "Sultan Deniev" believes that the date he
was detained was actually February 5 or 6, but his accounts of events in
Gekhi Chu as well information from a foreign journalist who interviewed
a man detained with him suggest that his date of arrest was February 7.
This date was also noted on a certificate ( 42. Human Rights Watch interview with "Sultan Deniev"
(not his real name), aged twenty-five, Ingushetia, April 18, 2000.
43. Although "Leyla Saigatova" and "Aslanbek Digaev"
said the operation took place on January 23, another witness, Saipudin
Saadulayev, gave the date as January 22.
44. Human Rights Watch interview with "Leyla Saigatova"
(not her real name), age unknown, Ingushetia, May 11, 2000.
47. See David Hoffman, "Russia Confirms Chechen
Strike; Moscow Acknowledges Ambush Losses, Rejects Negotiations," 49. Human Rights Watch interview with "Khamzat Vakuev"
(not his real name), aged twenty-eight, May 26, 2000.
50. Human Rights Watch interview with Tahir Turpalkhanov,
aged thirty-seven, Nazran, Ingushetia, May 15, 2000. Tahir Turpalkhanov's
account of events was supported by a video made by a resident of Tsotsin
Yurt, who filmed some of the alleged vandalism and interviewed several
witnesses as well as the surviving released detainee. See below, "Other
Military Encampments" section in the "Abuse and Torture in Other Places
of Detention" chapter of this report.
52. The pattern of torture described below corresponds
to well-documented patterns of torture throughout Russia, whereby Russian
police use a combination of psychological and physical violence to disorient
the individual, or reduce him or her to a state of shock so that he or
she will provide any "necessary" information or sign any document. See
Human Rights Watch, 53. "Russia: No evidence of human rights violations
found in filtration camp," RIA News Agency, Moscow, in English /BBC Worldwide
Monitoring, February 29, 2000.
54. Russia's prison system is run by the Ministry
of Justice. Police lock-ups, or 55. OMON is the Russian acronym for special task
police units, or riot police. Human Rights Watch has written to the Russian
Ministry of the Interior and the procuracy to request clarification about
the jurisdiction over Chernokozovo but has not received a response as of
the date of publication of this report.
56. The transfer of authority can be ascertained
by assessing the way Russian officials spoke of the detention facility.
On February 7, officials from the Ministry of Justice said that Chernokozovo
was the "only detention center in Chechnya which operates at present,"
which from the context seemed to imply that the facility fell under its
authority. "Justice bodies supervising administering of punishments have
been restored in Chechnya," ITAR-TASS, February 7, 2000. The authority
of the Justice Ministry over the facility was confirmed by February 17,
when Russia's spokesperson on Chechnya Sergei Yastrzhembsky said specifically
that Chernokozovo fell under the Justice Ministry. Patrick Cockburn, "Russia
rattled by torture claims at Chechen camps," 57. "Visit by the European Committee for the Prevention
of Torture to the North Caucasian Region of the Russian Federation," CPT
Press Release, March 6, 2000. Furthermore, two detainees interviewed by
Human Rights Watch who were released on March 30 were given virtually identical,
handwritten certificates stating that they had been held in "investigative
isolation" at IZ 4/12 Chernokozovo (although both had actually been transferred
to other facilities). Human Rights Watch interviews with "Issa Habuliev"
(not his real name), aged forty-six, Ingushetia, April 8, 2000; and "Movsar
Larsanov," Ingushetia, May 25, 2000.
58. Former detainee to Human Rights Watch, February
21, 2000.
59. Human Rights Watch interview with "Alvi Khanaev"
(not his real name), aged thirty-nine, Ingushetia, February 17, 2000.
60. Human Rights Watch interview with "Alimkhan
Visaev" (not his real name), aged twenty-seven, Ingushetia, March 22, 2000.
61. Human Rights Watch interview with "Issa Akhmadov,"
Ingushetia, February 15, 2000.
62. Human Rights Watch interview with Tanya Kovtorashvilli,
Nazran, Ingushetia, April 13, 2000.
63. Human Rights Watch interview with "Abdul Jambekov"
(not his real name), aged thirty-three, Ingushetia, May 7, 2000.
64. Human Rights Watch interview with "Magomed Kantiev"
(not his real name), aged forty-four, Ingushetia, May 13, 2000.
65. Human Rights Watch interview with Tanya Kovtorashvilli,
Nazran, Ingushetia, April 13, 2000. Initially, the morgue attendants demanded
money for the release of the body, saying, "If you will pay for him, we
will give you the body back." After a lengthy argument, the aunt was finally
allowed to leave with Aindi Kovtorashvilli's body after paying 800 rubles
for the "treatment" of the corpse.
66. Human Rights Watch interview with "Fatimah Akhmedova"
(not her real name), aged twenty-two, Ingushetia, March 7, 2000.
67. Thirty-eight-year-old "Aslanbek Digaev," for
example told Human Rights Watch that he "was taken for official questioning
four times," and that when taken for questioning he had to run, head down,
with guards beating him. Human Rights Watch interview with "Aslanbek Digaev,"
Ingushetia, May 16, 2000.
68. Human Rights Watch interview with "Abdul Jambekov,"
Ingushetia, May 7, 2000.
70. Human Rights Watch interview with "Marina Jambekova"
(not her real name) Ingushetia, May 28, 2000.
71. Human Rights Watch interview with "Yakub Tasuev"
(not his real name), aged thirty-two, Ingushetia, February 21, 2000.
72. Human Rights Watch interview with "Sultan Eldarbiev"
(not his real name), aged forty-four, Ingushetia, March 25, 2000.
73. Human Rights Watch interview with "Ali Baigiraev"
(not his real name), aged thirty-four, Ingushetia, February 21, 2000.
76. Human Rights Watch interview with "Ibrahim Aziev"
(not his real name), aged thirty-two, Ingushetia, March 2, 2000.
77. Human Rights Watch interview with "Yakub Tasuev,"
Ingushetia, February 21, 2000.
78. Human Rights Watch interview with "Sultan Eldarbiev,"
Ingushetia, March 25, 2000.
79. Human Rights Watch interview with "Umar Khakimov"
(not his real name), aged forty-six, Ingushetia, February 21, 2000.
80. In Russia and Central Asia, the term "Wahhabism"
refers to "Islamic fundamentalism" and extremism. Discrepancy exists among
the definitions of "Wahhabism," however. Historically, "Wahhabism" is a
branch of Sunnism practiced in Saudi Arabia and named after its founder,
Islamic scholar Muhammad ibn 'Abd al-Wahhab. The eighteenth-century movement
known as "Wahhabism" advocated a conservative agenda of purifying the Muslim
faith and simultaneously encouraged independent thinking, a potentially
liberal stance.
The
term is used in Russia and Central Asia to suggest radicalism and militancy.
It is often used pejoratively. The Russian and Central Asian conception
of "Wahhabism" retains a linkage to "foreignness" in general, including
to Saudi Arabia. In the context of the Chechnya war, Russian soldiers and
many Chechen civilians use the term "Wahhabi" broadly and derogatively
to refer to Chechen fighters, particularly those who serve under Khattab,
a field commander from the Middle East known for his religious agenda in
Chechnya.
81. Human Rights Watch interview with "Sultan Eldarbiev,"
Ingushetia, March 25, 2000.
82. Human Rights Watch interview with "Alimkhan
Visaev," Ingushetia, March 22, 2000.
83. Human Rights Watch interview with "Issa Akhmadov,"
Ingushetia, February 15, 2000.
86. Human Rights Watch interview with "Adem Hasuev,"
Ingushetia, April 6, 2000.
87. Human Rights Watch interview with "Movsar Larsanov,"
Ingushetia, May 25, 2000
88. Human Rights Watch interview with "Akhmed Isaev"
(not his real name), aged twenty-four, Ingushetia, February 17, 2000.
89. Human Rights Watch interview with "Alvi Khanaev,"
Ingushetia, February 17, 2000.
90. "Issa Habuliev," describing the nighttime beatings
in Chernokozovo.
91. Human Rights Watch Interview with "Magomed Habuev,"
Ingushetia, May 13, 2000.
92. Human Rights Watch interview with "Ali Baigiraev,"
Ingushetia, February 21, 2000
93. Human Rights Watch interview with "Aslanbek
Digaev," Ingushetia, May 16, 2000.
95. Human Rights Watch interview with "Abdul Jambekov,"
Ingushetia, May 7, 2000.
96. Human Rights Watch interview with "Movsar Larsanov,"
Ingushetia, March 25, 2000.
97. Human Rights Watch interview with "Asya Arsimakova,"
Ingushetia, April 21, 2000 98. Human Rights Watch interview with "Magomed Kantiev,"
Ingushetia, May 13, 2000.
99. Human Rights Watch interview with Andrei Babitsky,
May 24, 2000; Human Rights Watch interview with "Movsar Larsanov," May
25, 2000.
100. Human Rights Watch interview with "Akhmed
Isaev," Ingushetia, February 17, 2000.
101. Human Rights Watch interview with "Alvi Khanaev,"
Ingushetia, February 17, 2000.
103. Human Rights Watch interview with "Alimkhan
Visaev," Ingushetia, March 22, 2000 104. Human Rights Watch interview with "Ali Baigiraev,"
Ingushetia, February 21, 2000.
105. Human Rights Watch interview with "Akhmed
Isaev," Ingushetia, February 17, 2000. Another witness confirmed this practice.
"Umar Khakimov" told Human Rights Watch: "They used gas. They asked if
we wanted to smoke, and then used the teargas." Human Rights Watch interview,
Ingushetia, February 21, 2000.
106. Human Rights Watch interview with "Alvi Khanaev,"
Ingushetia, February 17, 2000.
107. See below, specifically Human Rights Watch
interview with "Sultan Eldarbiev," Ingushetia, March 25, 2000.
109. Human Rights Watch interview with "Ibrahim
Aziev," Ingushetia, March 2, 2000, and April 17, 2000 110. Human Rights Watch interview with "Sultan
Eldarbiev," Ingushetia, March 25, 2000.
111. Human Rights Watch interview with "Ali Baigiraev,"
Ingushetia, March 25, 2000.
112. Human Rights Watch interview with "Alvi Khanaev,"
Ingushetia, February 17, 2000
113. Human Rights Watch interview with "Alimkhan
Visaev," Ingushetia, March 22, 2000
114. "Movsar Larsanov" told Human Rights Watch
that a man who said he was the head of the prison accompanied the "commission." 115. Human Rights Watch interview with "Salman
Sulumov" (not his real name), aged forty-six, February 20, 2000.
116. Human Right Watch interview with "Bislan Magomadov"
(not his real name), aged forty-two, February 20, 2000
118. Human Rights Watch interview with "Ali Baigiraev,"
Ingushetia, February 21, 2000
119. Human Rights Watch interview with "Umar Khakimov,"
February 21, 2000.
120. Human Rights Watch interview with "Ali Baigiraev,"
Ingushetia, February 21, 2000
121. Maura Reynolds, "Journalists Tour Notorious
Chechen Prison," Los Angeles Times Home Edition, February 29, 2000
122. There had been rumors about the large-scale
detention and torture in Chernokozovo as early as January 2000.
124. See Human Rights Watch, "Hundreds of Chechens
Detained in 'Filtration Camps': Detainees Face Torture, Extortion, Rape,"
February 18, 2000.
125. Patrick Cockburn, "Russia rattled by torture
claims at Chechen camps," 126. "Russian Justice Ministry Denies Atrocity
Reports," World News Connection, Itar-Tass, February 26, 2000.
127. "Angry Russia defends its rights record before
Washington," Agence France-Presse, March 1, 2000.
129. Human Rights Watch interview with "Movsar
Larsanov," Ingushetia, February 25, 2000.
130. Amnesty International press release, "Real
Scale of Atrocities in Chechnya: New Evidence of Cover-Up," March 24, 2000.
131. European Committee for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment Press Release, "Situation
in the North Caucasus: Russian authorities release observations by Council
of Europe Anti-Torture Committee delegation," April 3, 2000.
132. Specifically, the CPT stated the following:
"[I]t is of crucial importance, in the interests of the prevention of ill-treatment,
for what happened in the establishment during the period December 1999
to early February 2000 to be the subject of a thorough and independent
inquiry and for appropriate sanctions to be imposed on those responsible
for ill-treatment. In application of Article 8, paragraph 5 of the Convention
[European Convention for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment], the delegation requests that such an inquiry
be carried out without delay and that the Russian authorities inform the
CPT of its outcome within three months. Further, the delegation calls upon
the Russian authorities to remain particularly vigilant with regard to
the manner in which prisoners are treated at Chernokozovo. 133. Human Rights Watch with "Movsar Larsanov,"
Ingushetia, May 25, 2000.
134. Amelia Gentleman, "Fresh Paint Fails to Hide
Stench of Fear," 135. He said, "It is a glaring lie to portray Chernokozovo
as a place where people are shot and tortured almost every day." "Kalamanov
says no filtration camps in Chechnya," Itar-Tass, March 1, 2000. 136. Council of Europe press release, "Council
of Europe mission continues to make significant progress in Chechnya,"
July 21, 2000.
137. A sampling of detention centers and their
legal status is available by examining the list of centers visited by the
CPT. SIZOs [Sledstvennyi izoliator, or pre-trial detention centers] are
under the jurisdiction of the Ministry of Justice, IVSs [Izoliator vremennogo
soderzhaniia, or temporary holding cells at police facilities] are under
the jurisdiction of the Interior Ministry. Both hold pre-trial detainees.
On its first visit, from February 27 to March 4, 2000, the CPT visited the following facilities: SIZO No. 1, Grozny; SIZO No. 2, Chernokozovo; IVS, Chervlyonnaya Station; IVS, Naurskiy District Department of Internal Affairs; IVS, Shali District Department of Internal Affairs; IVS, Temporary Internal Affairs Department of Grozny Selsky District (Tolstoy Yurt); the former holding facility, Goryacheistochnenskoye (Tolstoy Yurt); SIZO No. 1, Vladikavkaz (North Ossetia); IVS, Mozdok District Department of Internal Affairs (North Ossetia); and SIZO No. 2, Pyatigorsk (Stavropol). The delegation also went to hospitals in Naurskiy and Tolstoy Yurt and spoke with members of the local population in several of the localities visited, including Grozny. CPT Press Release, "Visit by the European Committee for the Prevention of Torture to the North Caucasian region of the Russian Federation," March 6, 2000.
On its second visit, from April 20 to 27, 2000, the CPT visited the following facilities:
SIZO
No. 2, Chernokozovo; Oktyabrskiy District Temporary Department of Internal
Affairs, Grozny; Zavodskoy District Temporary Department of Internal Affairs,
Grozny; Temporary Department of Internal Affairs, Gudermes; Unit of the
Federal Security Service, Khankala Base of the Allied Group of Armed Forces;
Unit of the Ministry of Internal Affairs, Khankala Base of the Allied Group
of Armed Forces; Temporary Department of Internal Affairs, Shelkovskaya;
Temporary Department of Internal Affairs, Urus-Martan; Regional Department
of Internal Affairs, Urus-Martan; Department of the Federal Security Service,
Urus-Martan; SIZO of the Federal Security Service in North Ossetia-Alania,
Vladikavkaz (North Ossetia); Territory Hospital at Colony No. 3, Georgievsk
(Stavropol Territory); and SIZO No. 2, Pyatigorsk (Stavropol Territory).
CPT Press Release, "Second visit to the North Caucasus by the European
Anti-Torture Committee" May 2, 2000.
138. Human Rights Watch interview with "Issa Habuliev,"
Ingushetia, April 8, 2000.
140. Human Rights Watch interview with "Magomed
Kantiev," May 13, 2000.
141. Human Rights Watch interview with "Magomed
Kantiev," Ingushetia, May 13, 2000.
142. Human Rights Watch interview with "Aslanbek
Digaev," Ingushetia, May 16, 2000.
143. Human Rights Watch interview with "Magomed
Kantiev,"Ingushetia, May 13, 2000. Memorial also shared with Human Rights
Watch the details of an interview with a former Chernokozovo detainee who
had been transferred to Pyatigorsk and Stavropol at the end of February.
The man reported being forced to do identical exercises in the bathroom
described by "Magomed Kantiev." Human Rights Watch interview with researcher
for Memorial, May 6, 2000.
144. Human Rights Watch interview with "Idris Batukaev,"
aged twenty-seven, Ingushetia, April 26, 2000.
146. Glavnoe Razvedevatelnoye Upravlenie, or military
intelligence.
147. Human Rights Watch interview with "Idris Batukaev,"
Ingushetia, April 26, 2000.
149. Human Rights Watch interview with "Idris Batukaev's"
wife, Ingushetia, April 26, 2000.
150. Human Rights Watch interview with "Zina Salmanova"
(not her real name), age unknown, Ingushetia, April 18, 2000.
151. Human Rights Watch interview with doctor speaking
on condition of anonymity, Ingushetia, March 25, 2000.
152. Human Rights Watch interview with "Idris Batukaev,"
Ingushetia, April 26, 2000.
153. Detainees were in the custody, apparently
of the Ministry of Internal Affairs or the FSB.
154. These are "Magomed Kantiev," "Salman Sulumov,"
and Andrei Babitsky. In colloquial Russian, this vehicle may be called
GAZ 53, 157. Human Rights Watch interview with Memorial
researcher, Nazran, Ingushetia, May 15, 2000. The victim apparently looks
far younger than her nineteen years.
159. Human Rights Watch interview with "Badrudi
Kantaev" (not his real name), aged forty-nine, Ingushetia, May 26, 2000.
160. Contract soldiers work on short-term military
service contracts. Chechen civilians usually describe Russian soldiers
as being either 162. Human Rights Watch interview with "Sultan
Deniev," Ingushetia, April 18, 2000.
163. The researcher has requested anonymity. Nazran,
Ingushetia, April 22, 2000.
164. Human Rights Watch interview with "Askerkhan
Umarkhanov" (not his real name), age unknown, Ingushetia, April 24, 2000.
165. "Civilian Killings in the Staropromyslovski
District of Grozny," 166. This incident happened soon after a Russian
general had been killed by Chechen fighters. Although Saipudin Saadulayev
reports the date as January 22, "Aslanbek Digaev" and relatives of the
other Karpinky detainees said the men were arrested on January 23.
167. Human Rights Watch interview with "Aslanbek
Digaev," Ingushetia, May 16, 2000.
169. Human Rights Watch interview with "Khamzat
Vakuev," May 26, 2000.
173. Human Rights Watch interview with Tahir Turpalkhanov,
aged thirty-seven, Nazran, Ingushetia, May 15, 2000. Tahir Turpalkhanov's
account of events was supported by a video made by a resident of Tsotsin
Yurt, who filmed some of the alleged vandalism, interviewed several witnesses
as well as a released detainee.
174. Home videotape filmed by a villager from Tsotsin
Yurt on May 1 and 2, 2000, given to Human Rights Watch on May 15, 2000
by Tahir Turpalkhanov.
175. Human Rights Watch interview with Tahir Turpalkhanov,
Nazran, Ingushetia, May 15, 2000.
176. "Sultan Deniev" allowed Human Rights Watch
to photograph this certificate.
177. Deputy Minister of Justice Kalinin was cited
on February 7, 2000 as saying "the only detention center in Chechnya which
operates at present is located in the settlement of Chernokozovo in the
Naursky region." Vladimir Nuyakshev and Yevgeniy Sobetskiy, "Chechnya:
Punishment Administering Bodies Restored," Itar-Tass/World News Connection, 178. Human Rights Watch interview with "Sultan
Deniev," Ingushetia, April 18, 2000.
182. Human Rights Watch interview with "Roza Yandieva"
(not her real name), aged twenty-eight, Ingushetia, 22 April, 2000.
183. Human Rights Watch interview with "Leyla Saigatova,"
Ingushetia, April 12, 2000.
184. Human Rights Watch interview, May 6, 2000.
185. Internat
is the Russian term for an orphanage or boarding school.
186. Detainees in Urus-Martan are also held
at the district police station, and at the local FSB department. See, "Second
visit to the North Caucasus by the European Anti-Torture Committee," CPT
press release, May 2, 2000. Available at www.cpt.coe.int.
188. Amnesty International press release, "Russian
Federation: Continuing torture and rape in Chechnya," 8 June 2000.
189. Human Rights Watch interview with "Issa
Zagoyev" (not his real name), aged twenty-three, Ingushetia, April 8, 2000.
191. Human Rights Watch interview with "Abu
Uruskhanov" (not his real name), aged thirty, Ingushetia, April 26, 2000.
192. Human Rights Watch interview with "Issa
Zagoyev," Ingushetia, April 8, 2000.
193. Human Rights Watch interview with "Ilyas
Makhmadov" (not his real name), aged thirty-one, Ingushetia, May 13, 2000.
194. Spetsialnyi otriad bystrogo otreagirovanii,
or rapid reaction forces.
195. Human Rights Watch interview with "Ilyas
Makhmadov," Ingushetia, May 13, 2000.
196. Human Rights Watch interview with "Ilyas
Makhmadov," Ingushetia, May 13, 2000..
197. Human Rights Watch interview with Fatima
Umarova, aged 40, Ingushetia, March 16, 2000.
198. Daniel Williams, "U.N. Rights Chief Blocked
From Chechen Sites; Russians Prevent Inspection Of Areas of Suspected Atrocities," 199. CPT Press Release, "Second visit to the
North Caucasus by the European Anti-Torture Committee," Strasbourg, May
2, 2000.
200. Human Rights Watch interview with "Ilyas
Makhmadov," Ingushetia, May 13, 2000.
201. Most provided little detail about the conditions
of their detention in Znamenskoye, the bulk of the interview focusing on
the subsequent abuses in Chernokozovo.
202. To protect "Visaev's" identity, we do not
disclose the name of the town where he was detained.
204. Human Rights Watch interview with "Ali
Baigiraev," Ingushetia, February 21, 2000.
205. Human Rights Watch interview with "Yakub
Tasuev," Ingushetia, February 21, 2000.
206. Human Rights Watch interview with "Rizvan
Visangiriev" (not his real name), aged forty-seven, Ingushetia, March 29,
2000.
207. Human Rights Watch interview with "Zurab
Aliev" (not his real name), aged thirty-three, Ingushetia, April 27, 2000.
208. Approximately U.S. $71 and U.S. $178, respectively.
209. The sum of 900 rubles is about U.S. $32.
210. Human Rights Watch interview, Ingushetia,
April 23, 2000. He also claimed that he "bargained" with the authorities
on behalf of a family over another man detained in the Georgievsk prison
hospital in Pyatigorsk; although the asking price was initially U.S. $10,000
for the twenty-one year old man, he believes that the family probably paid
$2,000 or $3,000 for their son.
211. Human Rights Watch interview with "Abu
Uruskhanov," April 26, 2000.
213. Human Rights Watch interview with "Marina
Jambekova," Ingushetia, May 8, 2000.
217. Human Rights Watch interview with Khamzat
Abubakarov, Karabulak, Ingushetia, April 29, 2000.
218. Human Rights Watch interview with Khamzat
Abubakarov, Karabulak, Ingushetia, May 5, 2000.
219. Human Rights Watch interview with Khamzat
Abubakarov, Karabulak, Ingushetia, May 18, 2000.
220. Human Rights Watch interview with head
of administration of a Chechen town (name withheld), Ingushetia, April
27, 2000.
221. Human Rights Watch interview with "Ilyas
Makhmadov," Ingushetia, May 13, 2000. In 1999, the Russian government appointed
Bislan Gantemirov, former mayor of Grozny, who was serving a prison term
for embezzlement, as head of the pro-Russian forces in Chechnya. He was
later removed.
222. Human Rights Watch interview with "Issa
Zagoyev," Ingushetia, April 8, 2000. A 224. Human Rights Watch with "Issa Habuliev's"
wife, Ingushetia, April 22, 2000.
225. Human Rights Watch interview with "Ali
Baigiraev's" cousin, March 25, 2000.
227. Human Rights Watch interview with "Idris
Batukaev," Ingushetia, April 26, 2000.
228. Human Rights Watch interview with "Idris
Batukaev," Ingushetia 229. Experts from the Council of Europe concurred
with the Secretary General of the Council of Europe's opinion that, even
though Russian authorities attempted to argue that there was a de facto
state of emergency in Chechnya, the fact that it had not been formally
declared and that derogations had not been made in law meant that the provisions
of the European Convention on Human Rights continued to apply in full.
Council of Europe document, "Addendum to the Consolidated report containing
an analysis of the correspondance between the Secretary General of the
Council of Europe and the Russian Federation under Article 52 of the European
Convention on Human Rights," SG/Inf(2000)24 Addendum, June 26, 2000.
230. By mid-April, 2000, Human Rights Watch
received nineteen such lists, many of which contained duplicate information,
containing a total of 130 names. Interviewees could not identify the source
of the lists, but suggested they were compiled by released detainees and
sympathetic prison staff.
231. A journalist who was in Urus-Martan saw
a group of a dozen relatives waiting there when she visited Urus-Martan
in late March. Human Rights Watch interview with Natalie Nougayrede, of 232. Iznaurov is originally from the Okruzhnaya
district but has a residence permit for Kalmykia. Human Rights Watch interview
with Zina and Roza Iznaurova, Ingushetia, April 20, 2000.
234. Human Rights Watch interview with "Marina
Jambekova," Ingushetia, March 28, 2000, and with "Abdul Jambekov," May
7, 2000.
235. Article 9(2) of the ICCPR obliges states
to inform detainees of the charges against them.
236. Under article 48(2) of the Russian constitution,
criminal suspects have the right to counsel from the moment of detention,
and under article 58 of the criminal procedure code police are obligated
to inform them of this right. Principle 17(1) of the Body of Principles
for the Protection of All Persons under Any Form of Detention or Imprisonment
(Body of Principles), which applies to all people who are detained, states
that "a detained person shall be entitled to have the assistance of a legal
counsel. He shall be informed of his right by the competent authority promptly
after arrest and shall be provided with reasonable facilities for exercising
it."
237. "Chechnya rights official pledges inmate
lawyer inquiry," Agence France-Presse, March 12, 2000.
238. "Russia: Chernokozovo inmates to get lawyers
after PACE visit," Itar-Tass News Agency/BBC Worldwide Monitoring, March
11, 2000.
239. Council of Europe press release, "Council
of Europe mission continues to make significant progress in Chechnya,"
Strasbourg, July 21, 2000.
240. Human Rights Watch interview with "Idris
Batukaev," April 26, 2000.
241. Human Rights Watch interview with "Abu
Uruskhanov," April 26, 2000.
244. "Abdul Jambekov" used the Russian word
for a police report