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January 7, 2006 Saturday 12:55 PM MSK Rights activists deem kidnappings main problem in Chechnya MOSCOW Jan 7, Interfax - Kidnappings are the main problem hampering the stabilization of the situation in the Chechen republic, in the view of human rights campaigners. "Kidnappings are still the gravest problem," Moscow Helsinki Group Chairperson Lyudmila Alexeyeva told Interfax. Alexeyeva admitted that the rate of kidnappings in Chechnya declined in 2005. "But when people don't feel safe, they can't be happy about a high salary or a warm home. As far as there is a threat, people can't sleep well. The problem of kidnappings must be fully eradicated," Alexeyeva said. She claimed that both militants and security forces are responsible for kidnappings. The Memorial human rights center said in a report circulated in late November, 2005 that kidnappings in Chechnya are not investigated properly. "Up to 5,000 people have disappeared without a trace during 'the second Chechen campaign'. Except for rare occasions, these crimes remain uninvestigated, and those responsible go unpunished," the report says. The Chechen government also believes the problem of kidnappings in Chechnya has to be eradicated completely. "We are doing all we can to put an end to these crimes. The number of kidnappings was halved in 2005. But, of course, this cannot be a reason for complacency. On the contrary, this should serve as a stimulus for stepping up the combat against the thugs," acting Chechen Prime Minister Ramzan Kadyrov said in a recent interview. "Not a single crime involving kidnappings is ignored today. I am sure that the criminal cases on these facts will be investigated and those responsible will be punished," Kadyrov said. va Legal Harassment Against the Russian-Chechen Friendship Society - Another Update Vienna, 10 January 2006. The legal harassment against the Russian-Chechen Friendship Society (RCFS) continues. This happens on two different fronts, after a third front was closed by a 14 November 2005 ruling, refusing the civil action by the Justice Ministry Registration Department to deregister the RCFS. In criminal proceedings, Stas Dmitrievsky, the head of the RCFS, is charged under paragraph b, of part 2 of Article 282 of the Criminal Code (“inciting hatred or enmity on the basis of ethnicity and religion”), offences which carry a maximum penalty of five years in prison, for allowing the publication of two peace appeals by Chechen leaders Aslan Maskhadov and Akhmed Zakaev. Simultaneously, there is a procedure continuing at the arbitration court regarding the decision of the tax inspection that the RCFS has violated the Tax Code and has to pay profit tax and a fine totaling 1.001.561 Rubles (around 28.200 Euro). Additionally, on 28 November, unknown persons broke into the flat of the family of Stas Dmitrievsky in Nizhny Novgorod. On 9 September 2005, leaflets containing threats against Dmitrievsky and the editor, Oksana Chelysheva, were distributed in the house where Dmitrievsky lives. Earlier, in March 2005, similar leaflets against Chelysheva were distributed in a few houses in the neighborhood where she lives. From the correspondence between the prosecutor’s office and the FSB, being part of the files in the criminal case, it became clear that both Stas Dmitrievsky and Oksana Chelysheva, were under surveillance for quite some time. 1. Judicial case against the Pravo-zashchita newspaper. Justice Ministry / Prosecutors Office use Criminal Persecution under Article 282, part 2, par b of the Criminal Code (“Inciting ethnic hatred”) On 7 December 2005, three experts of the defense were heard in the hearing. Galina Vronskaya, senior lecturer at the journalism department of the Chuvash State University and president of the Chuvash Guild of Linguists, said that in her estimation the statements by Maskhadov and Zakaev contained no degrading descriptions, negative appraisals or statements in relation to racial, ethnic or social groups or individuals representing them. Additionally, the articles contained many factual statements that in themselves cannot be regarded as inciting any hostility unless proven untrue. Usam Baysaev, staff member of the Nazran office of the Human Rights Center “Memorial” and co-author of several publications about the human rights situation in Chechnya, and Igor Kalyapin, chair of the regional NGO “Committee Against Torture”, told the court about carpet bombardments, extrajudicial executions, torture and abductions perpetrated by servicemen of the Federal security forces, thereby confirming the factual basis of Maskahdov’s and Zakaev’s critical remarks. They shared the opinion that the “Pravo-zaschita” newspaper was contributing to establishing an atmosphere of peace and trust between Russians and Chechens, because it shows to Chechens that there are Russians in a far away region who feel for their sufferings and destiny, and it raises their hope that crimes perpetrated by federal servicemen cannot be attributed to all Russians. They also told the court about the humanitarian assistance of the RCFS to Chechen children. The hearing was observed by two Russian lawyers with a letter of accreditation from “Human Rights First.” Like during the 28 November hearing, a picket was organized in front of the court building by the patriotic youth movement “Nashi” (“Ours”) with some thirty participants. They were holding a banner with the slogan “No terrorist can become a peacemaker” and demanded the most severe possible punishment for Dmitrievsky. A picket in support of Dmitrievsky was not authorized, because such a picket “would impose pressure upon the court”. On 15 December 2005, Dmitrievsky gave his testimony to the court and answered questions from both sides. He gave a detailed account of his attitude to the war in Chechnya, the politics implemented by the Russian authorities, which he characterized as “extremist”, and the history of relations between the Russian state and the Chechen people from the 18th century till today. He said that he felt insulted by the prosecutor’s allegation that he acted like a racist and xenophobe. Additionally, two witnesses of the defense gave their testimonies to the court, the manager of the museum of the Nizhny Novgorod Linguistic University and World War II veteran, Victoria Romanova, and historian Aleksey Davydov, who both told the court about the scientific and public activities of the RCFS. Victoria Webb, who is Russia researcher for Amnesty International, attended the court hearing as an observer. On 21 December 2005, two experts of the defense were heard and documents of the prosecutor were read. Anna Politkovskaya, journalist for the “Novaya Gazeta” newspaper, who extensively covered Chechnya, told the court about mass killings of civilians, extrajudicial executions, untargeted artillery and missile bombardments and other war crimes by the federal forces. She said that these acts could justifiably be described as state terrorism - Maskhadov had used the _expression “Russian terrorism” - and added that the appeals of Maskhadov and Zakaev were neither directed against the Russian people nor the Russian state, but instead were appeals for negotiations. The other expert, Elena Karmazina, a well-known architect of Nizhny Novgorod, told the court about the efforts of Dmitrievsky to save the town’s historic monuments from demolition. Natasha Taubina (Public Verdict Foundation) observed the hearing. The next hearing in the criminal case is scheduled for 18 January 2006! The RCFS fears that one of the next moves of the prosecutor’s office might be to lodge a request to have Stas Dmitrievsky examined by a psychiatrist and to declare him irresponsible for his actions. 2. The fiscal harassment of the RCFS, threatening the continuation of its activities On 28 November 2005, the tax inspection sent a new collection order to the bank administering the RCFS account, demanding to withdraw another 91.000 RUR. They did this despite the ruling by the arbitration court and the 3 October 2005 writ by the Main Department of the Nizhny Novgorod Region Court, that until a final ruling by the court the tax inspection is not allowed to withdraw money from the RCFS accounts. Around 13.500 RUR were withdrawn. The reason for this violation of the law seems to be that the tax inspection wants to limit the possibilities for the RCFS to pay for their defense lawyers. On 5 December 2005 the tax inspection stopped their effort to withdraw further money. The RCFS lodged a new complaint to the arbitration court against the tax bodies for the non-execution of the court ruling (under Article 315 of the Criminal Code). In the hearing on 30 November 2005, the position of the RCFS was presented by Russia-based American lawyer Drew Hollinger. The main issue in the hearing was the tax inspection’s arbitrary withdrawal of RCFS funds on 28 November. The representatives of the tax inspection failed to explain the reasons for the withdrawal, stating that the decision must have been taken by another department, and that they were unaware of it. In the hearing on 6 December 2005, judge Belyanina went deep into all the details, and asked one of the donors, NED, to provide her with official explanations on the grants to RCFS. In the hearing on 13 December 2005, the tax inspection submitted a petition to postpone the consideration of this arbitration court until a decision by the criminal court in the case against Stas Dmitrievsky (on Art. 282 of the Criminal Code – incitement to racial hatred) was taken. Judge Belyanina rejected this request, stating that the tax inspection did not explain well enough the connection between the arbitration case and the criminal trial. She asked them to clearly present their reasons on paper. To all appearances, the tax inspection hopes that in case Dmitrievsky is found guilty in the criminal case, this would give them the necessary ground to state that the RCFS activities are not charitable and therefore the project related money received by the RCFS could be regarded as profit. When the judge asked the tax inspection if they had taken into account the expenses of the RCFS when calculating the alleged profit, their representative could not answer it. In the hearing 20 December 2005, the tax inspection explained on paper their reasons for the petition to postpone the consideration of the arbitration court case until a decision by the criminal court in the case against Stas Dmitrievsky is taken. They claimed that the ruling in the criminal case, which refers to the publications of the RCFS, can testify the absence of charitable character in the activities of the organization. Judge Belyanina complied with this petition by the tax inspection. The RCFS announced to lodge a complaint to the Main Department of the Arbitration Court. Dmitrievsky request to attach several additional documents to the case, including the translations of the grant agreements with NED, balances of payments and extracts from the bank accounts showing the funds transfer, was accepted. These documents show that the sum asked by the tax bodies exceeds the active of the RCFS. The tax inspection recalculated the sum they claim from the RCFS and discounted 80.000 ruble (from the overall 1.001.561 rubles). Dmitrievsky also presented a detailed calculation of the expenses for the RCFS to publish the incriminated statements from Maskhadov and Zakaev, which was 3.000 rubles, in order to show that even if he was found guilty in the criminal case, the argument of the tax inspection, that their activities were not charitable, was only applicable to this one activity, and therefore the 26 % tax could be only applied to these costs. The tax inspection attached a letter from them to the Russian Foreign Ministry, asking a) about the procedures for “grants” by foreign organizations, b) if the word “grant” was used in the agreements between the RCFS and NED, and between RCFS and the European Commission, c) if it was possible to translate the English word “grant” into the Russian language, given that in the Russian language it is used without any translation, for example in the Tax Code, and d) if the inter-governmental agreement between Russia and the USA from 1992 was still valid. As judge Belyanina complied with the petition of the tax inspection to postpone the consideration of the arbitration court case until a decision by the criminal court in the case against Stas Dmitrievsky is taken, it is not clear when the next hearing will take place. See also: IHF statement, “Legal Harassment Against the Russian-Chechen Friendship Society - An Update”, 29 November 2005 IHF statement, “British Lawyer Barred From Entering Russia to monitor trial of the Russian-Chechen Friendship Society in Nizhny Novgorod, 15 November 2005 IHF statement, “The ‘Russian-Chechen Friendship Society’s Under Severe Risk of being Destroyed by Russian Authorities. Its Director Stas Dmitrievsky Faces a Prison Term, 2 November 2005 IHF statement, "Russian Federation: Nizhny Novgorod Authorities Launch Final Crackdown on Russian-Chechen Friendship Society. Today’s Protest Picket Dissolved after Five Minutes – Participants Detained", 2 September 2005. IHF statement, “Continuing Persecution of the Russian-Chechen Friendship Society. Its Partner Organisation Nizhny Novgorod Human Rights Society Closed Down by Authorities”, 10 June 2005 IHF statement, “We Fear for the Safety of our Colleagues in the Russian-Chechen Friendship Society… Russian Human Rights Organization Threatened”, 19 March 2005 IHF statement, “FSB Raids the Russian-Chechen Friendship Society”, 20 January 2005 For further information: International Helsinki Federation for Human Rights In Vienna: Aaron Rhodes, IHF Executive Director, +43-1-408 88 22 or +43 -676-635 66 12; Henriette Schroeder, IHF Press Officer, +43-676-725 48 29 In Moscow: Tanya Lokshina, +7 -916-624 19 06 Russian-Chechen Friendship Society, Stas Dmitrievsky, Oksana Chelysheva, +7-8312-171 666 __________________________________________ International Helsinki Federation for Human Rights Wickenburggasse 14/7 A-1080 Vienna Tel. +43-1-408 88 22 Fax: +43-1-408 88 22 ext. 50 Web: http://www.ihf-hr.org ______________________________________ Rights Group Calls On Georgia To Release Chechen Activist 10 January 2006 (RFE/RL) -- The Geneva-based World Organization Against Torture (OMCT) is calling for the immediate release of a Chechen refugee detained in December in Georgia on terror-related charges, RFE/RL's Georgia service reports. Magomed Makhaev, the founder of a Georgian-based nongovernmental organization known as Imedi (Hope), was arrested on suspicion of ties with the international terrorist network Al-Qaeda. A municipal court in the Georgian capital Tbilisi remanded him in jail for three months on 28 December. OMCT today said in a statement that it feared for Makhaev's physical and psychological well-being. Georgian authorities say Imedi is also suspected of embezzling $13,000 and forging official documents. Imedi has providing humanitarian aid to Chechen refugees in Georgia since 2003. Makhaev's Georgian lawyer Davit Managadze said recently his client faced up to 12 years in jail if found guilty. (with material from OMCT statement/Novosti Gruziya)