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V. RECOMMENDATIONS

To the Government of the Russian Federation:

• Immediately stop abusive operations in Ingushetia carried out in violation of international human rights and humanitarian law. Ensure that all military and police personnel involved in the operations act in accordance with their obligations under Russian and international law. In particular, they should be instructed that:
• No one shall be subjected to arbitrary arrest or detention. No one should be deprived of their liberty except on such grounds and in accordance with such procedure as are established by law;
• A detention record must be kept regarding every detainee, as required by the Cakici v. Turkey Judgment of the European Court of Human Rights (judgment of July 8, 1999, para. 105). This record should include information on the date, time, and location of detention, the name of the detainee, the reasons for the detention, and the name of the person effecting the detention;
• Detainees must be informed of the grounds of arrest and any charges against them immediately, and should have immediate and regular access to lawyers of their own choosing;
• In accordance with articles 92 and 94 of the Russian criminal procedure code, the procuracy must be informed in writing within twelve hours of any arrest, and the detainee should be brought before a judge within forty-eight hours;
• Detainees should be informed of and granted the right to challenge their detention in a court of law;
• Relatives of a detained person must be informed of the detention of their family member and the reason for and location of the detention; and they must be allowed regular contact with detainees;
• No physical force may be used in respect of a detainee which has not been made strictly necessary by his own conduct.
• Undertake a full and objective investigation into abuses committed during the operations conducted in Ingushetia in the summer of 2003. Ensure that the military procuracy is involved in the investigation process and assists the civilian procuracy in identifying and prosecuting the military personnel responsible for violations;
• Instruct all relevant military and law enforcement officials that they will be held accountable for failure to implement the above-mentioned requirements, and for the failure to duly investigate the abuses;
• Stop pressuring internally displaced persons into returning to Chechnya and ensure that they continue to enjoy protection and humanitarian assistance in accordance with international standards, including the United Nations Guiding Principles on Internal Displacement;
• Undertake a comprehensive assessment of the security situation inside Chechnya and make its results public to ensure that displaced persons relocating to Chechnya are fully informed of the current situation in Chechnya;
• Ensure that those who wish to stay in Ingushetia are provided decent shelter.

To the International Community:

• Governments, in particular the U.S. government and those of European Union member states, should advance the recommendations contained in this report in multilateral forums and in their bilateral dialogues with the Russian government. Using in particular their upcoming summits with Russia this fall, leaders of the U.S. and the E.U. should firmly protest any measures that may endanger the lives and well-being of thousands of internally displaced people residing in Ingushetia, and raise concern about the deteriorating situation in Ingushetia. They should send observers to Ingushetia to monitor and report on the conduct of the Russian forces in the republic and the situation of internally displaced persons there. They should further insist on accountability for all reported crimes by federal troops against civilians in Chechnya or Ingushetia and call on the Russian authorities to publish a detailed list of all current and past investigations into such abuses, clearly indicating their current status. They should renew calls for access to international monitors to the region, including the U.N. Special Rapporteur on torture, the Special Rapporteur on extrajudicial, summary or arbitrary executions, and the Special Rapporteur on violence against women, and reiterate the need for the Russian government to cooperate fully with the Council of Europe and the Organization for Security and Cooperation in Europe.

United Nations

• Through relevant agencies involved in the region, such as UNHCR and UNOCHA, continue a thorough monitoring of the situation to ensure that all returns to Chechnya are voluntary;
• Urge the Russian government to desist from compelling the internally displaced to leave tent camps and return to Chechnya and call on it to implement the recommendations issued by the Representative of the Secretary-General on Internally Displaced Persons following his recent visit to the region;
• Urge the Russian government to fully implement the United Nations Guiding Principles on Internal Displacement;
• Assist the Russian government in assessing conditions for return, including the security situation in Chechnya and the state of temporary shelter offered to relocating displaced persons;
• Ensure that the internally displaced who stay in Ingushetia continue to receive humanitarian assistance and enjoy protection provided through relevant U.N. agencies;
• UNHCR should deploy a team of staff members to rotate through the displaced persons’ camps and settlements in order to intervene in urgent protection problems in the community, and oppose any measures that may endanger life and well-being of the displaced. The team should compile and maintain in a timely and consistent manner data on all displaced persons who were victimized during the special operations, and require an adequate response from Russian authorities.

Council of Europe

• The Parliamentary Assembly should adopt a resolution calling on Russia to stop pressuring displaced persons to return to Chechnya while conditions are unsafe and to ensure that they continue to enjoy assistance and protection in Ingushetia. The resolution should also acknowledge the deteriorating situation in Ingushetia and urge the Russian government to take measures to prevent the spreading of the Chechnya conflict to the territory of the neighboring republic. It should call on the Russian government to bring the situation under control and ensure that any law enforcement operations conducted in Ingushetia conform to Russian and international law;
• The Secretary General should call on Russian procuracy officials to fully investigate abuses committed by Russian forces on Ingush territory, including the cases of arbitrary detention, ill-treatment and looting, and attacks on Ingush civilians. He should insist that these investigations should fully comply with the standards for investigations into alleged human rights violations developed in the case law of the European Court of Human Rights;
• The Commissioner for Human Rights should visit Ingushetia to address the deteriorating human rights situation in the republic;
• The experts seconded to the office of the Special Representative of the President of the Russian Federation for Human Rights in Chechnya should consider an extraordinary visit to Ingushetia. They should seek to ensure that the rights of the internally displaced are not violated at any stage of the return process, both in Ingushetia and Chechnya, and make public any breaches found.

Organization for Security and Cooperation in Europe

• The Permanent Council should initiate an urgent debate about the deteriorating situation in Ingushetia, and call on the Russian government to desist any forced returns. They should seek to secure a speedy return to the region by the OSCE with a clear mandate to monitor and publicize human rights.