PACE: Evaluation of the prospects for a political solution...

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Provisional edition revised

Evaluation of the prospects for a political solution of the conflict  in the Chechen Republic

Resolution 1315 (2003)[1] (revised)

1.     The Assembly recalls that, as expressed in its Opinion No. 193  (1996) on Russia's request for  membership of the Council of Europe,  the Chechen conflict cannot be resolved by the use of force and there  will be no peace in the region, nor an end to terrorist attacks,  without a political solution based on negotiation and on European  democratic values.  The absence of such a political solution has for  too long been a painful and cruel experience for the people of the  Chechen Republic and for the people of Russia as a whole.  The Council  of Europe cannot be what it claims to be while this grave situation  continues.  We are all diminished.

2.     The Assembly notes the statement by the State Duma of the  Russian Federation of 24 December 2002, which proposes 2003 as a year  of peace and national accord and which calls for the rebuilding of the  Chechen Republic and for a comprehensive political settlement.  The  Assembly also notes the recent statements made by the President of the  Russian Federation in favour of moving from military operations to a  political process.

3.     Strongly deploring the loss of lives in the latest terrorist  acts in Moscow and Grozny, the Assembly reiterates that the political  process must not be abandoned.  It believes that anything other than  an unremitting commitment to the rule of law, human rights and  humanitarianism which are central to the purpose of the Council of  Europe would be both wrong and counterproductive.

4.     With regard to the human rights situation in the Chechen  Republic, the Assembly remains distressed by the number of killings of  politically active individuals, by repeated disappearances and the  ineffectiveness of the authorities in investigating them, as well as  by the widespread allegations and indications of brutality and  violence against the civilian population in the Republic.

5.     The Russian authorities seem unable to stop grave human rights  violations in Chechnya. In view of the fact that some investigations  of the most high-profile cases of mass killings and disappearances  have now been proceeding for more than three years without tangible  results, the  Assembly can only conclude that the prosecuting bodies  are either unwilling or unable to find and bring to justice the guilty  parties.  The Assembly deplores the climate of impunity which  consequently reigns in the Chechen Republic and which makes normal  life in the Republic impossible.

6.     Therefore, the Assembly calls upon the competent authorities of  the Russian Federation and Chechen Republic to ensure:

a. that the combined federal military forces are reduced in number and  used only for militaryoperations while leaving law enforcement  activities to be undertaken by the law enforcement authorities of the  Chechen Republic itself,

b. that Order No. 80 is strictly enforced in military operations, that  Order No. 46 is fully respected during operations to check citizen's  registration, and that close co-operation with law enforcement  authorities of the Chechen Republic is maintained at all times,

c. that more police units of mixed ethnicity are formed for law  enforcement activities and that these units receive appropriate  anti-terrorist and human rights training,

d. that police and security personnel at all times adhere to codes of  conduct as recommended by the Council of Europe, and apply all Russian  constitutional guarantees to those arrested, wherever they are  arrested and detained,

e. that the independence and effectiveness of the judicial authorities  are strengthened; investigations are more vigorously and rigorously  pursued; and legal action against suspects is brought to a less  delayed and more convincing conclusion,

f. that the reports by the Committee for the Prevention of Torture of  he Council of Europe (CPT) are published and that their recommendations are implemented,   g. that the 1998 Russian Federal Law on the Suppression of Terrorism  be amended to reflect the expert recommendations made in Assembly  Document No. 9634 in order to achieve the Law's conformity with  Council of Europe standards,

h. that the proliferation of weapons to Chechen fighters is curbed and  that armed fighters are encouraged to surrender their weapons  voluntarily, for instance by granting pardons in accordance with the  Decree of the Head of Administration of the Chechen Republic of 24  October 2002 and in conformity with international humanitarian law.

7.     The Assembly requests the Russian authorities to provide it  with an updated and detailed list of all criminal investigations by  military and civilian law enforcement agencies into crimes against the  civilian population by servicemen and members of all police and  special forces and also into crimes committed by Chechen fighters  against the civilian population, the local Chechen administration and  the federal forces in the Chechen Republic.  In addition to  statistical data, this list should contain details of the nature of  the crimes committed and the current status of the investigation  and/or indictments and convictions.

8.     The Assembly notes the intention of the Russian federal and  Chechen authorities to hold a referendum on a draft constitution for  the Chechen Republic on 23 March 2003.  While recognising the role of  a referendum in deciding the future democratic structure and  constitution of the Republic, the Assembly is concerned that  the  necessary conditions for holding such a referendum are unlikely to be  met by this date.  The Assembly therefore calls upon the competent  authorities to take essential steps to achieve such conditions, in particular:

a. by ensuring an adequate level of public security for all  individuals throughout the Chechen Republic before and during any  referendum,

b. by drawing up a transparent and accurate register of voters  including all residents of the Chechen Republic entitled to  participate in any referendum and elections, whether they are resident  in the Republic or temporarily living in another part of the Russian  Federation, including internal the displaced persons living in camps,  and by providing adequate means for their participation in referendum,

c. by examining possible ways of making practical arrangements which  would enable the Chechen internally displaced persons (IDPs) in  neighbouring republics, in particular in Ingushetia, to exercise their right to vote,  

d. by ensuring proper and adequate arrangements for the voting  procedure taking into account the Code of Good Practice in Electoral  Matters as produced by the Council of Europe,

e. by respecting freedom of association for political parties as  guaranteed by Article 11 of the European Convention on Human Rights,  in order to allow political parties to participate in forming public opinion through an open democratic debate,

f. by ensuring a fair and balanced composition of the competent  election commissions in charge of preparing any referendum and  elections,

g. by respecting freedom of political debate through free and independent media as guaranteed by Article 10 of the European Convention on Human Rights,

h. by recognising and supporting the strengthening of a civil society in the Chechen Republic in order to stimulate a constructive political  dialogue on the broadest possible basis,

i. by ensuring transparency throughout any referendum process and  subsequent elections.

9.     The Assembly welcomes the pledge of the President of Ingushetia  to allow all internally displaced people from the Chechen Republic to  stay in Ingushetia and to recognise the right of those who wish to do  so to take up residence in Ingushetia.  Therefore, the Assembly calls  upon the Russian Federal Migration Service and other competent  authorities never to use direct or indirect force or undue pressure of  any kind to coerce displaced people to return to the Chechen Republic  against their will.  The Assembly reaffirms that coercion is a breach  of fundamental rights and believes that it will aggravate instability.

10.   The Assembly calls upon the competent authorities of the Russian  Federation and Chechen Republic together with the European and wider  international community urgently to draw up a coordinated  collaborative plan of action for reconstruction and humanitarian aid  and ensure the fair, proper and transparent use of such aid.  The  Assembly stresses the importance of free access of humanitarian  agencies to the Chechen Republic and calls upon all such relevant agencies to consider what contribution they should make. At the same  time, the Assembly calls upon the Russian authorities to simplify the  regulations governing their access and remove any bureaucratic obstacles which may jeopardise their action.

11.   The Assembly calls on those within the Chechen Republic, who  have taken up arms against the authorities of the Russian Federation  and the Chechen Republic, to lay down their arms and commit themselves  to a serious political process; it also calls on them to distance  themselves convincingly from terrorist acts and other crimes committed  as part of the conflict in the Chechen Republic;  it further calls for  the immediate release of all kidnapped people.  The Assembly  reiterates that violence has no part in the cause of a political  solution in the interests of all the people of the Chechen Republic.

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[1]. Assembly debate on 29 January 2003 (5th Sitting) (see Doc. 9687,
report of the Political Affairs  Committee, rapporteur: Lord Judd).
Text adopted by the Assembly on 29 January 2003 (5th Sitting).