Amnesty International is concerned about the climate of impunity
prevailing in the Russian judicial system
AMNESTY INTERNATIONAL
Public Statement
2 January 2003
Russian Federation: Amnesty International is concerned about the climate
of impunity prevailing in the Russian judicial system
Amnesty International warned against a climate of impunity in the Russian
Federation after a court relieved Colonel Yury Budanov of criminal responsibility
on grounds of 'temporary insanity' and ordered that he be transferred to
a psychiatric hospital. Colonel Budanov, commander of a tank regiment in
the Russian army in Chechnya, was on trial in the southern town of Rostov-on-Don
for abducting and murdering an 18-year-old Chechen girl Kheda Kungaeva. Post-mortem
evidence that she had been raped before death was ignored by the prosecution.
"Amnesty International is concerned that justice again has been denied. Colonel
Budanov was the highest ranking member of the Russian security forces in
Chechnya to be put on trial for serious crimes against civilians. His transfer
after being tried for murder, a crime carrying the maximum sentence of 20
years in prison, will further undermine the confidence of the civilian population
in Chechnya that they can rely on the judicial system for protection and
redress," the organization said.
Colonel Budanov's trial, which began in February 2001, had been adjourned
several times for psychiatric assessments. Earlier psychiatric assessments
found him sane and responsible for his actions. The last one was carried
out at the court's request by the state-run Serbsky Institute, heavily criticized
in Soviet times for its role in the political abuse of psychiatry, and supported
Colonel Budanov's claim of 'temporary insanity'.
The lawyer of the Kungaev family Abdullah Khamzayev said that she and her
family has been denied justice. Russian human rights organizations also criticized
the court ruling saying the trial was neither 'honest nor just'.
"One of the key factors which allows abuses to persist in Chechnya is the
failure of the Russian authorities to bring those in its forces who are responsible
to justice," Amnesty International reiterated today. "Russian officials should
fulfil their obligations to ensure that all allegations of human rights abuses
are investigated thoroughly and impartially, to bring those responsible to
justice, and provide the victims with an effective remedy."
Background
On the night of 26 March 2000, Colonel Budanov, together with soldiers from
his unit went to Kheda Kungaeva's house in the village of Tangi-Chu
in Chechnya and kidnapped her. Colonel Budanov stated that he suspected Kheda
Kungaeva of possessing information about Chechen fighters and took
her to his tent for interrogation.
By his own admission, supported by a post-mortem examination, Colonel Budanov
strangled Kheda Kungaeva to death. The same post-mortem examination concluded
that Kheda Kungaeva was raped shortly before her death. Inexplicably the
prosecution ignored the allegation of rape in its charges against Colonel
Budanov and no one has been charged with raping Kheda Kungaeva.
"Rape in situations of armed conflict must never be taken lightly. The Russian
authorities must send a clear message to their troops that rape will not
be tolerated in the conflict in Chechnya," said Amnesty International.
Kheda Kungaeva's parents, who continue to face the hardships common to all
internally displaced persons after fleeing Chechnya, and their lawyer are
filing an appeal against the verdict.
For further information contact the Russia Campaign Press Officer Lydia
Aroyo on +44 20 7413 5599 or +44 7798 555 629, e-mail: laroyo@amnesty.org;
or the Russia Campaign Researcher Kim Wiesener on +44 20 7413 5618.
Visit the Amnesty International Russia Campaign website:
Public Document
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For more information please call Amnesty International's press office in
London, UK, on +44 20 7413 5566