| European Court Says Russia Abused Human
Rights in Chechnya Created: 24.02.2005 17:22 MSK (GMT +3), Updated: 17:22 MSK, MosNews The European Court of Human Rights has ruled that Russia committed serious abuses, including the torture and killing of civilians, during its military offensives against separatists in Chechnya, Reuters reports. The Strasbourg-based court was ruling on Thursday on claims by six Chechens who blamed Moscow for the deaths of relatives during attacks and bombings by the Russian military in 1999 and 2000. The court ordered Moscow to pay a total of 135,710 euros in damages to the six claimants. The panel of judges, among them one Russian, were unanimous in condemning Russia for breaching the European Convention of Human Rights article on the right to life. The court also said Moscow breached the plaintiffs' right to a full hearing. It said in two cases, Moscow had also violated the ban on torture and inhumane or degrading treatment and, in the case of one person, breached a clause on the protection of property. Two of the six Chechens alleged they were tortured and family members were killed by the Russian military in Grozny, the Chechen regional capital, the news agency reported. The others complained of the shelling of civilians in late 1999 and early 2000, during a flare-up in the conflict between Russian forces and separatist rebels which has raged on and off since 1994. Russia can request the case be referred to the court's grand chamber for a final judgement within the next three months. Hundreds of thousands of civilians are believed to have been killed and some 20,000 soldiers have died since Russia first sent in troops to crush separatist rebels in 1994. The six cases were the first of about 120 concerning the Chechen conflict submitted to the court. Chechen Applicants Finally Find Justice at the European Court of Human Rights in Strasbourg Vienna, 24 February 2005. Today the European Court of Human Rights delivered judgments on the first six Chechen cases brought against the Russian Federation. In each of the cases, the Court has found Russia in violation of several key articles of the European Convention on Human Rights and Fundamental Freedoms (hereafter “the Conventionâ€). The Court, in particular, stressed in its judgments that the Russian authorities had failed to carry out adequate investigations into the circumstances of the deaths of the applicants’ relatives cases. The Court also found that there was no effective remedy available for the complainants before the Russian courts. The International Helsinki Federation for Human Rights (IHF) is deeply gratified by these rulings, which are particularly important, given the climate of impunity and lawlessness in the Chechen Republic. It shows to the despaired victims of human rights violations and their families in Chechnya that at least there is justice on the European level. We hope that these decisions will be an impetus for the Russian Federation to prevent and remedy human rights violations in the Chechen Republic and Russia as a whole. The IHF congratulates our colleagues at the Human Rights Center ‘Memorial’ and the European Human Rights Advocacy Centre (EHRAC) for their courageous and efficient work in lodging these cases before the European Court. For your information, please see the joint press release from EHRAC and HRC ’Memorial’ (www.londonmet.ac.uk/EHRAC). Also, please note that HRC “Memorial†and EHRAC will hold a press conference in Moscow on 25 February, 12:00 at the Independent Press Centre, Tverskoy Boulevard 20. HRC ’Memorial’ will also hold a joint press-conference with the International Federation of Human Rights (FIDH) in Paris on February 25, 11:00 at the FIDH offices, Passage de la Main d’Or 17. Background about the three judgments concerning six cases (See EHRAC / Memorial): Two cases (Khashiyev and Akayeva vs. Russia) concerned the circumstances surrounding the deaths of five of the applicants’ relatives in Grozny at the end of January 2000. The mutilated bodies of the applicants’ relatives were found with numerous stab and gunshot wounds in the Staropromyslovskii district of Grozny. The applicants claim their relatives were the victims of torture and extra-judicial killings at the hands of the Russian armed forces. The Court found the Russian Federation in violation of Articles 2 (right to life), 3 (prohibition of torture and inhuman and degrading treatment) and 13 (right to an effective remedy) of the European Convention. Three cases (Isayeva, Yusupova and Bazayeva vs. Russia) arose from the Russian military’s aerial bombing of a convoy of civilian cars, as the residents of Grozny tried to avoid the fighting there on October 29, 1999. The Government has admitted that the attack was carried out by two SU-25 military planes, firing air-to-ground rockets. As a result of the bombing, the first applicant was wounded and her two children and daughter-in-law were killed; the second applicant was wounded by shells in the neck, arm and hip; and the third applicant’s car containing her family’s possessions was destroyed. The Court found the Russian Federation in violation of Articles 2 (right to life), and 13 (right to an effective remedy) of the European Convention, and of Article 1 of Protocol 1 (peaceful enjoyment of possessions). The sixth case (Isayeva vs. Russia) concerns the Russian military’s aerial and artillery bombardment of the village of Katyr-Yurt on 4 February 2000. As a result of the bombing, the applicant’s son and her three nieces were killed. The Government has admitted that the attack was carried out by two SU-25 planes, firing FAB-250 bombs. The Court found the Russian Federation in violation of Articles 2 (right to life), and 13 (right to an effective remedy) of the European Convention. For comments please contact: In Vienna, Aaron Rhodes, Executive Director of the IHF, +43-676-635 66 12, Brigitte Dufour, Legal Counsel, +43-676-690 2457 In Moscow, Tanya Lokshina, researcher of the IHF +7-916-624 1906 __________________________________________ Joachim Frank, Project Coordinator International Helsinki Federation for Human Rights Wickenburggasse 14/7 A-1080 Vienna Tel. +43-1-408 88 22 ext. 22 Fax: +43-1-408 88 22 ext. 50 Web: http://www.ihf-hr.org ______________________________________ AMNESTY INTERNATIONAL PRESS RELEASE AI Index: EUR 46/006/2005 (Public) News Service No: 047 24 February 2005 Russian Federation: European Court of Human Rights rulings on six cases from the Chechen Republic Amnesty International welcomes the judgements of the European Court of Human Rights released today on six cases from the Chechen Republic. The Court ruled that the Russian Federation had violated the fundamental right to life of the civilians in these cases during the armed conflict in Chechnya. The European Court of Human Rights ruled that there had been violations of the right to life and the prohibition of torture as well as the right to an effective remedy and the peaceful enjoyment of possessions (Articles 2, 3 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and Article 1 of Protocol 1 to the ECHR). In the cases of Khashiyev v. Russia and Akayeva v. Russia, the European Court ruled that the deaths of the relatives of the applicants who had been killed by servicemen were attributable to the State, amounting to a violation of the right to life (Article 2). In the judgement concerning the cases of Isayeva v. Russia, Yusupova v. Russia, Bazayeva v. Russia and in the separate judgment concerning a sixth case, Isayeva v. Russia, the European Court found that the Russian authorities had failed to protect the right to life of the applicants and their relatives, in the planning and execution of military operations. The Court awarded financial compensation to the applicants in all six cases. "The European Court ruled in all six cases that the failure of the Russian authorities to carry out effective investigations into the incidents amounted to a violation of the right to life and to an effective remedy (Article 13). This shows Russia's consistent failure not only to protect human rights in the course of the armed conflict, but also to ensure justice for victims of human rights through effective investigations and prosecutions of those responsible, “ Amnesty International said. “These judgements are a significant step to end impunity against human rights violations in Chechnya because they recognize that serious human rights violations have taken place and that the Russian Federation bears the responsibility.†Many people who have submitted cases to the European Court of Human Rights, including those whose cases have been decided now in Strasbourg, have been subjected to reprisals. Some have been intimidated, some have been repeatedly harassed by law enforcement officials and some have been killed or “disappearedâ€. Despite a serious risk for their own safety and for the safety of their families, relatives of those who were tortured and ill-treated or "disappeared", or whose possessions were destroyed in indiscriminate attacks on civilians, refuse to allow themselves to be silenced and continue to demand justice. Amnesty International calls on the government of the Russian Federation: a.. to implement the judgements of the European Court of Human Rights without delay; b.. to take immediate steps to end further human rights violations in the context of the armed conflict in Chechnya; c.. to investigate all allegations of human rights violations and bring those responsible to justice in a court of law; d.. to take effective measures to prevent any further reprisals against any person who seeks a remedy before the European Court of Human Rights; e.. to ensure that all allegations of such reprisals are investigated promptly, thoroughly and independently and that all persons responsible for such crimes are brought to justice in a court of law. Background Throughout the ongoing armed conflict in Chechnya, Amnesty International has called on the Russian federal and Chechen authorities to bring to justice in a court of law those who have committed serious human rights violations, including extrajudicial executions, "disappearances", torture, including rape, ill-treatment in detention and indiscriminate attacks on civilians. The six cases, brought by the European Human Rights Advocacy Centre in partnership with the Memorial Human Rights Centre, concern: a.. the aerial bombing by the Russian federal forces of a civilian convoy of refugees fleeing Grozny in October 1999 (Isayeva v. Russia (no. 57947/00), Yusupova v. Russia (no. 57948/00) and Bazayeva v. Russia (no. 57949/00)); the case involved the killing of the first applicant's two children and daughter-in-law; b.. the "disappearance" and subsequent discovery of the dead bodies of five individuals in Grozny in January 2000, showing signs of torture and ill-treatment (Khashiyev v. Russia (no. 57942/00) and Akayeva v. Russia (no. 57945/00)); c.. the aerial and artillery bombing of the village of Katyr-Yurt on 4 February 2000, resulting in the killing of the applicant’s son and three nieces (Isayeva v Russia (no. 57950/00)). The full judgments are available at www.coe.int. News Release Issued by the International Secretariat of Amnesty International AI Index: EUR 46/006/2005 24 February 2005 Russian Federation: European Court of Human Rights rulings on six cases from the Chechen Republic Amnesty International welcomes the judgements of the European Court of Human Rights released today on six cases from the Chechen Republic. The Court ruled that the Russian Federation had violated the fundamental right to life of the civilians in these cases during the armed conflict in Chechnya. The European Court of Human Rights ruled that there had been violations of the right to life and the prohibition of torture as well as the right to an effective remedy and the peaceful enjoyment of possessions (Articles 2, 3 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and Article 1 of Protocol 1 to the ECHR). In the cases of Khashiyev v. Russia and Akayeva v. Russia, the European Court ruled that the deaths of the relatives of the applicants who had been killed by servicemen were attributable to the State, amounting to a violation of the right to life (Article 2). In the judgement concerning the cases of Isayeva v. Russia, Yusupova v. Russia, Bazayeva v. Russia and in the separate judgment concerning a sixth case, Isayeva v. Russia, the European Court found that the Russian authorities had failed to protect the right to life of the applicants and their relatives, in the planning and execution of military operations. The Court awarded financial compensation to the applicants in all six cases. "The European Court ruled in all six cases that the failure of the Russian authorities to carry out effective investigations into the incidents amounted to a violation of the right to life and to an effective remedy (Article 13). This shows Russia's consistent failure not only to protect human rights in the course of the armed conflict, but also to ensure justice for victims of human rights through effective investigations and prosecutions of those responsible, “ Amnesty International said. "These judgements are a significant step to end impunity against human rights violations in Chechnya because they recognize that serious human rights violations have taken place and that the Russian Federation bears the responsibility." Many people who have submitted cases to the European Court of Human Rights, including those whose cases have been decided now in Strasbourg, have been subjected to reprisals. Some have been intimidated, some have been repeatedly harassed by law enforcement officials and some have been killed or "disappeared". Despite a serious risk for their own safety and for the safety of their families, relatives of those who were tortured and ill-treated or "disappeared", or whose possessions were destroyed in indiscriminate attacks on civilians, refuse to allow themselves to be silenced and continue to demand justice. Amnesty International calls on the government of the Russian Federation: - to implement the judgements of the European Court of Human Rights without delay; - to take immediate steps to end further human rights violations in the context of the armed conflict in Chechnya; - to investigate all allegations of human rights violations and bring those responsible to justice in a court of law; - to take effective measures to prevent any further reprisals against any person who seeks a remedy before the European Court of Human Rights; - to ensure that all allegations of such reprisals are investigated promptly, thoroughly and independently and that all persons responsible for such crimes are brought to justice in a court of law. Background Throughout the ongoing armed conflict in Chechnya, Amnesty International has called on the Russian federal and Chechen authorities to bring to justice in a court of law those who have committed serious human rights violations, including extrajudicial executions, "disappearances", torture, including rape, ill-treatment in detention and indiscriminate attacks on civilians. The six cases, brought by the European Human Rights Advocacy Centre in partnership with the Memorial Human Rights Centre, concern: - the aerial bombing by the Russian federal forces of a civilian convoy of refugees fleeing Grozny in October 1999 (Isayeva v. Russia (no. 57947/00), Yusupova v. Russia (no. 57948/00) and Bazayeva v. Russia (no. 57949/00)); the case involved the killing of the firs applicant's two children and daughter-in-law; - the "disappearance" and subsequent discovery of the dead bodies of five individuals in Grozny in January 2000, showing signs of torture and ill-treatment (Khashiyev v. Russia (no. 57942/00) and Akayeva v. Russia (no. 57945/00)); - the aerial and artillery bombing of the village of Katyr-Yurt on 4 February 2000, resulting in the killing of the applicant’s son and three nieces (Isayeva v Russia (no. 57950/00)). The full judgments are available at <http://www.coe.int>. View all AI documents on the Russian Federation: http://amnesty-news.c.topica.com/maadd95abeyMMbeuxZvb/ Visit Amnesty International's Russian language website: http://amnesty-news.c.topica.com/maadd95abeyMNbeuxZvb/ ***************************************************************** You may repost this message onto other sources provided the main text is not altered in any way and both the header crediting Amnesty International and this footer remain intact. Only the list subscription message may be removed. ***************************************************************** Past and current Amnesty news services can be found at <http://www.amnesty.org/news/>. Visit <http://www.amnesty.org> for information about Amnesty International and for other AI publications. Contact amnestyis@amnesty.org if you need to get in touch with the International Secretariat of Amnesty International. Privacy policy <http://web.amnesty.org/pages/aboutai-privacy-eng> ==================================================================== Update Your Profile: http://amnesty-news.f.topica.com/f/?a84GPn.beuxZv.bWFyY29f Unsubscribe: http://amnesty-news.f.topica.com/f/?a84GPn.beuxZv.bWFyY29f.u Confirm Your Subscription: http://amnesty-news.f.topica.com/f/?a84GPn.beuxZv.bWFyY29f.c Feb 24 2005 7:04PM European Court decision on six Chechens may be appealed STRASBOURG. Feb 24 (Interfax) - The decision made by the European Court of Human Rights on the case of six citizens of Chechnya has not come into legal effect yet and may be appealed, Russia's envoy to the European Court Pavel Laptev told Interfax. "The sentences have no legal effect until a procedural decision on a possible appeal is made," Laptev said. He noted that the European Convention envisages giving three months to appeal a sentence handed down by the court. "The European Court's rulings will be studied very carefully. We will see if there is a chance to appeal them," Laptev said. Chechen refugees in Azerbaijan threaten to expand hunger strike over aid BAKU, Feb 24 (AFP) A dozen refugees from war-torn Chechnya staging a hunger strike in Azerbaijan to demand more aid from the UN refugee agency (UNHCR) threatened to expand their protest throughout the 3,000-strong Chechen refugee community here, a participant told AFP Thursday. "We have been holding people back until now because very many want to join our hunger strike," said Ibragim Kaziyev, who fled fighting between Russia and separatist rebels in the Chechen city Gudermes five years ago. Kaziyev and few other Chechens, some of whom lost limbs during bombings in the rebellious Russian republic, complained that the aid they receive from the UNHCR of about 80 dollars per person per month was not nearly enough to cover living expenses in oil-boom-town Baku. Their strike is also over their status, which they want to be upgraded to make them eligible for resettlement in a western country. "When we meet with the UNHCR to ask why they won't change our status, they make it clear to us that countries don't want to take us because we are viewed as terrorists," said Abubakar Darayev, one of the strikers who said he could not find work in Baku because he lost a leg in a Russian attack in Chechnya in "They say its because of Beslan, but what did we have to do with that?" Darayev said in a reference to last year's school hostage massacre in southern Russia which resulted in the death of nearly 350 people, half of them children, and which was claimed by Chechen warlord Shamil Basayev. The UNHCR admitted that the level of care Chechen refugees here receive is not sufficient and malnutrition among the community is on the rise. But according to the organization's chief representative in Azerbaijan, Jean-Claude Concolato, the procurement of UN funding for anything involving Chechens -- such aid is currently capped at 200,000 dollars annually in Azerbaijan -- has become a hard sell since Beslan. "The Chechens are not happy when we speak about Beslan, but it is a fact that this has had a disastrous effect on our resettlement plan," Concolato told AFP in a telephone interview. "There are countries, which I will not name, that have drastically cut assistance to this category of people." Russian troops poured into breakaway Chechnya on October 1, 1999, causing hundreds of thousands of local residents to flee for the second time in a decade. Those who came to Azerbaijan have been largely disenfranchised by local authorities who agreed to cut support after being pressured by Azerbaijan's former overlord Russia, which considers the mostly Muslim republic to have been a safe haven for rebels. 24.2.2005 Human rights activists under attack in St. Petersburg RUSSIA, St. Petersburg. 18 February around 11 p.m. three unidentified men attacked the Memorial Research Centre in St. Petersburg. They brutally beat the duty member of Memorial’s staff Emmanouil Polyakov. A man of advanced years, he sustained serious injuries and may lose both his eyes. Irina Flighe, director of the Memorial Research Centre told PRIMA-News correspondent that Emmanouil Polyakov remained without medical assistance for 12 hours until he was discovered on 19 February by a member of staff who turned up for work. The nature of his injuries indicates that he had been beaten mainly on the head and more than likely kicked. The assailants broke into the safes and stole office equipment. Irina Flighe believes that the attackers knew that an elderly man would be on duty that night and that nobody would turn up there on Saturday morning. They also knew the outlay of the Research Centre’s premises, the director suggests. Irina Flighe noted that this by far was not the first crime against human rights activists in the recent time. 14 August 2003 masked men attacked one of Memorial’s offices in St. Petersburg which also resulted in the theft of office equipment. Then the attackers were identified as they had visited the office earlier without masks to have a look around. 11 December Memorial Research Centre’s executive director Vladimir Shnitke was also attacked by unknown assailants. 19 June, Nikolai Ghirenko, an ethnologist who carried out expert analysis of publications that fuelled interethnic hatred, was killed in St. Petersburg. Human rights defenders in St. Petersburg have been constantly involved with the issues of interethnic relations, they work to counter xenophobia and nationalism. Recently Memorial Research Centre and Centre for Antifascism headed by Memorial member Yuliy Rybakov announced an antifascist poster competition. Irina Flighe is certain that their opposition to xenophobia is the most likely reason for the harassment of human rights activists and that the attacks are politically motivated. In the meantime, the authorities are ceaselessly trying to convince the public that such incidents are no more than acts of hooliganism. In the same way they call hooliganism nationalistic and racist crimes, she stressed. Translated by Olga Sharp PRIMA-News Agency [2005-02-21-Rus-24] http://www.prima-news.ru/eng/news/news/2005/2/24/31281.html |