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Parliamentary Assembly Provisional edition Human rights violations in the Chechen Republic: the Committee of Ministers’ responsibility vis-à-vis the Assembly’s concerns Resolution 1479 (2006)1 1. The Parliamentary Assembly stresses that the protection of human rights is the core task of all Council of Europe bodies and recalls its previous Resolutions 1323 (2003) and 1403 (2004) and Recommendations 1600 (2003) and 1679 (2004) on the human rights situation in the Chechen Republic. 2. The Assembly is deeply concerned that a fair number of governments, member states and the Committee of Ministers of the Council of Europe have failed to address the ongoing serious human rights violations in a regular, serious and intensive manner, despite the fact that such violations still occur on a massive scale in the Chechen Republic and, in some cases, neighbouring regions in a climate of impunity. 3. The Assembly reiterates its unambiguous condemnation of all acts of terrorism and expresses its understanding of the difficulties the Russian Federation faces in combating terrorism. 4. The Assembly welcomes the fact that a number of criminal cases were opened and some perpetrators were taken to court and encourages the Public Prosecutor’s office to intensify its efforts. Nevertheless, the Assembly notes insufficient progress of the Prosecutor General’s Office in elucidating and achieving successful prosecution of numerous human rights violations brought to its attention in its previous reports on the human rights situation in the Chechen Republic. Impunity fosters more crime. 5. Both federal and regional law enforcement authorities must effectively investigate numerous specific and well-documented allegations of enforced disappearances, murder and torture brought to the attention of international public opinion and of the Assembly in recent months by non-governmental human rights organisations. Moreover, the authorities should authorize the publication of the reports of all CPT visits and publish plans and steps taken to implement CPT recommendations. 6. Emphasis must be placed on crimes against human rights defenders, lawyers, prosecutors, judges, forensic doctors and other law enforcement officials and against applicants to the European Court of Human Rights and their family members. It is intolerable that reprisals against applicants to the Strasbourg Court take place and remain unpunished. 7. The Assembly welcomes the recent adoption of a law making it possible to set up inquiry committees and urges the Russian delegation to the Assembly to request the setting-up, within the Duma, of a committee of inquiry to investigate the failure of law enforcement structures to hold responsible perpetrators of serious human rights violations such as documented by the Assembly. 8. Moreover, the Russian authorities must take practical steps to address the issue of missing persons and “disappeared” persons, particularly through introducing effective systems for identification and recording of bodies found and to make this information public. 9. The Assembly fears that the excessively harsh manner in which the security forces act in the region in no way contributes to restoring law and order in the region. On the contrary, it produces more desperation, violence and thus instability. 10. Recalling the Council of Europe’s humanitarian and legal principles, the Assembly strongly condemns human rights violations in the fight against terrorism, which have now for well over a decade proven not only to be unlawful but also totally ineffective. 11. It stresses that in order to prevent future serious human rights violations, all law inforcement agencies active in the Chechen Republic should receive additional orders from the highest authorities to respect basic human rights in the course of the operations. This is particularly true for certain Chechen security forces. 12. Both the democratic process and the fight against impunity must benefit from the work of strong and independent non-governmental human rights organisations. The Assembly expresses concern that the recently adopted law on the legal status of civil society organizations falls short of the standards of the Council of Europe. The Assembly is also concerned about reports on administrative and judicial harassment of some non-governmental organizations, and - in line with Resolution 1455 - reiterates its call on the Russian government to give NGOs the possibility to do their important work by creating administrative, fiscal and political conditions for the normal functioning of Russian civil society. 13. The Assembly urges the Russian government to fully implement all recommendations made by the bodies and mechanisms of the Council of Europe, as well as those of the UN. 14. In view of the seriousness of the human rights violations in the Chechen Republic, the Assembly is most dissatisfied with the replies of the Committee of Ministers to its recommendations. It regrets in particular that: 14.1. the Committee of Ministers’ monitoring of the human rights situation in the Chechen Republic, launched by the Secretary General in June 2000, is now de facto at a standstill since the spring of 2004, despite repeated calls by the Assembly to intensify monitoring efforts; 14.2. the Committee of Ministers did not take any “specific action” by virtue of the 1994 Declaration on compliance with commitments, after the Assembly had formally seized it in Recommendation 1600 (2003). Such an omission is unacceptable, especially as the Assembly had used for the first time the mechanism the Committee of Ministers had itself set up for this purpose; 15. The Assembly fears that the lack of effective reaction by the Council’s executive body in the face of the most serious human rights issue in any of the Council of Europe’s member states undermines the credibility of the Organisation. 1 Assembly debate on 25 January 2006 (4th Sitting) (see Doc.10774, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Bindig ). Text adopted by the Assembly on 25 January 2006(4th Sitting). Provisional edition Human rights violations in the Chechen Republic: the Committee of Ministers’ responsibility vis-à-vis the Assembly’s concerns Recommendation 1733 (2006)1 1. The Parliamentary Assembly stresses that the protection of human rights is the core task of all Council of Europe bodies and recalls Resolution 1479 (2006) and its previous Recommendations 1600 (2003) and 1679 (2004) on the human rights situation in Chechnya, regretting that serious human rights violations still occur on a massive scale in the Chechen Republic and, in some cases, in neighbouring regions of the Northern Caucasus. 2. It urges the Committee of Ministers to confront its responsibilities in the face of one of the most serious human rights issues in any of the Council of Europe’s member states, as the lack of effective reaction by the Council’s decision-making body has the capacity to seriously threaten the credibility of the whole Organisation. 3. The Assembly urges the Committee of Ministers to discuss ways and means to prevent new human rights violations and to overcome the climate of impunity in the Chechen Republic and to address appropriate recommendations to the Government of the Russian Federation. 4. It commends the Committee of Ministers for its positive response to the proposal on the desirability of a Council of Europe field presence in the region. It is, however, dissatisfied with the Committee of Ministers’ failure to obtain the full investigation of the bomb explosion that effectively put to an end the continued presence of the Council of Europe in the Chechen Republic. 5. In view of the seriousness of the situation, the Assembly 5.1. recommends relaunching the Committee of Ministers’ monitoring of the human rights situation in the Chechen Republic; 5.2. invites the Committee of Ministers again to take “specific action” by virtue of the 1994 Declaration on compliance with commitments, after Recommendation 1600 (2003), which was the first time that the Assembly had used this specific Committee of Ministers monitoring mechanism; 5.3. reiterates its call to the Committee of Ministers to discuss the necessary consequences of the public statements of the European Committee for the Prevention of Torture (CPT) on insufficient co-operation of the Russian Federation with this important body, and to urge the Russian authorities to authorise, without delay, the publication of all reports of visits to the region by the Council of Europe’s Committee for the Prevention of Torture (CPT). 5.4 calls on the Committee of Ministers to ensure that the Council of Europe supports the authorities in the Russian Federation in taking practical steps to address the issue of missing persons and “disappeared” persons in Chechnya, particularly through introducing effective systems for identification and recording of bodies found, and improvement of the forensic facilities in Chechnya. 5.5 continues to urge the Russian authorities to implement the individual and general measures in relation to all European Court of Human Rights judgments, in particular those relating to violations committed in the course of the armed conflict in Chechnya. 6. In order to be able to take the required strong action, it invites the Committee of Ministers to make use of all the possibilities provided by the Statute of the Council of Europe to reach decisions, including votes by a two-thirds majority. 1 Assembly debate on 25 January 2006 (4th Sitting) (see Doc.10774, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Bindig ). Text adopted by the Assembly on 25 January 2006 (4th Sitting). http://assembly.coe.int/Main.asp?link=/Documents/AdoptedText/ta06/EREC1733.htm Thursday, January 26, 2006. Issue 3339. Page 2. Chechnya Inquiry Demanded The Associated Press STRASBOURG, France -- Lawmakers from the Council of Europe's 46 member states on Wednesday called for a committee of inquiry to be set up within the State Duma to investigate what they called serious human rights violations in Chechnya. The Council of Europe's Parliamentary Assembly, comprising several hundred national legislators, said Europe's human rights watchdog had practically stopped monitoring the situation in Chechnya because of the danger and that torture, hostage-taking and arbitrary detention were going unpunished. "The timidity with which the international community has responded to human rights violations in Chechnya has thrown a cloak of invisibility over them," said Belgian Socialist Marie-Jose Laloy, adding that Chechens felt "abandoned and desperate." In a resolution, the assembly -- an advisory body meeting four times per year in Strasbourg -- said while it recognized the difficulties Russia faces in combating terrorism, human rights violations committed while suspected terrorists in were tackled in Chechnya were unacceptable. "We are well aware of the problems the Russian authorities have in restoring law and order in Chechnya. But if you're trying to restore law and order by violating human rights, the chances that you'll succeed are small," said Dutch Socialist Erik Jurgens. The Council of Europe is the guardian of the European Convention on Human Rights, a legally binding human rights treaty signed by all 46 council members, including Russia. Russian troops first swept into Chechnya in 1994 to crush a bid for independence by armed rebels. An estimated 100,000 civilians, soldiers and insurgents have died in the region over the past decade. January 25, 2006 Senior Russian MP criticizes European report on Chechnya STRASBOURG, January 25 (RIA Novosti) - A senior member of the Russian parliament dismissed a report from one of Europe's leading human rights bodies Wednesday on the situation in Chechnya. Konstantin Kosachev, the head of the Russian delegation to the Parliamentary Assembly of the Council of Europe (PACE), severely criticized a report on the North Caucasus republic for failing to note progress made last year. "Unfortunately, the PACE report presents only one point of view," Kosachev said. "The report is unbalanced, and ignores the efforts taken by the Chechen leadership, and it works only for those who are interested in destabilizing the situation in Chechnya." Europe has been a traditional critic of Russia's policy in Chechnya, which has been the scene of many years of fighting between federal forces and militants, and has often condemned the human rights record there. However, the Russian parliamentarian said the report had been prepared without PACE officials visiting Moscow or Chechnya and made no mention that Chechnya had elected a parliament for the first time in 15 years in October, 2005. Kosachev also said the number of kidnappings in Chechnya in the first nine months of 2005 had halved to 65 and crime detection had increased by 5%. Russia's Deputy Interior Minister, Colonel General Arkady Edelev, said last year that Chechen militants mostly used staged abductions to form armed gangs. Kosachev also said that terrorism was a major problem in Chechnya, although he recognized there were many social and economic problems as well, including unemployment running at 60%. However, the parliamentarian said the Russian government was making great efforts to improve the situation in the republic, adding that the federal authorities had spent 2 billion euros on reconstruction since 2000. January 25, 2006 Wednesday 03:26 PM EST Alkhanov disagrees with PACE resolution on Chechnya MOSCOW, January 25, Itar-Tass - Chechen President Alu Alkhanov disagreed with the main points made in the Parliamentary Assembly of the Council of Europe's resolution on Chechnya and said they ``do not reflect positive steps towards stabilisation'' in the republic, including in the field of human rights. ``Not only do we not deny the existence of human rights problems in Chechnya, but we openly say, yes, there are problems, and there are abductions, but this must be compared to what it was like a year, two or five years ago. The difference is noticeable. There is real progress,'' he said on Wednesday. He said, ``This is not only my opinion or the opinion of the leadership of Chechnya. Chechen people say this. It's their opinion.'' Commenting on the report presented by Rudolf Bindig, Alkhanov said either biased politicians or people who are not aware of the actual situation in the republic can fail to notice positive changes in Chechnya. ``Some European politicians have made a false mirror out of Chechnya by their reports, statements and publications over the past five years. They look into the mirror from time and time and see only what they want to see there,'' Alkhanov said. ``I think Mr. Bindig and his party have very superficial knowledge of the situation. Actually, it's all the same to me who thinks what. The main assessment for me and for us in general is what the residents of Chechnya and Russia think,'' the president said. ``We intend to continue the rigorous fight against abductions and other human rights violations,'' he added. ``Let representatives of the PACE or any other authoritative European organisation come to Grozny and see for themselves that this tendency is irreversible,'' Alkhanov said. January 25, 2006 Wednesday 10:44 AM EST PACE report on Chechnya's human rights biased-view Nikolay Morozov STRASBURG, January 25, Itar-Tass - Russia knows better than any other country that Chechnya has problems pertaining to violation of human rights, the chairman of the State Duma foreign policy committee, Konstantin Kosachev, told a session of the Parliamentary Assembly of the Council of Europe on Wednesday. He leads the Russian delegation to PACE. ``There's no civil war, but the war on terrorism in Chechnya,'' he said. ``The main factor of human rights violation in the republic is terrorism.'' ``At present, 60 percent of Chechnya's able-bodied population is still unemployed,'' Kosachev said, adding that the federal authorities have spent 2 billion euros for Chechnya's needs since 2000. ``This information was known to PACE rapporteur on Chechnya Rudolf Bindig, but it was not included in the report that was prepared in a rush and reflects only one point of view,'' he said. ``The report ignores efforts taken by Chechen authorities and, in fact, it plays into the hands of those who are interested in the republic's destabilisation.'' A member of the Russian delegation, Akhmar Zavgayev, said for his part that 582 mercenaries from 42 countries were detained in the republic. ``This shows that international terrorism, and not armed opposition is ruling in Chechnya,'' Kosachev said.