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Recommendation 1444 (2000)
The conflict in Chechnya
1. The Assembly recalls its Resolution 1201 (1999) of 4 November 1999 on the conflict in Chechnya calling on the Russian Federation to avoid military raids against the civil population, to introduce a cease-fire and to start a peaceful dialogue with the elected Chechen authorities, as well as requesting that persons guilty of terrorist acts, human rights violations and abductions be prosecuted and all hostages be immediately liberated.
2. It also recalls the declaration of the Parliamentary
Assembly’s Bureau on the situation in Chechnya of 13 December 1999 according to
which "persistence in violations could lead the Parliamentary Assembly to put
under question Russian participation in the Assembly’s work and in the Council
of Europe in general" and takes note of the findings of its delegation during
its recent visit to Moscow, Dagestan, Chechnya and Ingushetia (16-20 January
2000).
3. Upon admission in 1996, the Russian Federation committed
itself to settle internal as well as international disputes by peaceful means
and to respect strictly the provisions of international humanitarian law,
including cases of armed conflict on its territory.
4. As a member of
the Council of Europe, the Russian Federation is obliged to ensure respect of
the European Convention on Human Rights as well as the rule of law and
democratic principles on the whole of its territory, including Chechnya.
5. The Assembly recognises the right of the Russian Federation to preserve
its territorial integrity, to fight terrorism and crime and to protect its
population, including the population of Chechnya and neighbouring republics and
regions, from terrorist attacks and acts of banditism. The Assembly confirms
its strong condemnation of all acts of terrorism, kidnappings, public
executions and human rights violations committed in Chechnya.
6. Nevertheless, it stresses that the means used to achieve such goals must
be in accordance with the international commitments of the Russian Federation
and must exclude, in particular, indiscriminate and disproportionate use of
force affecting the civilian population.
7. The Assembly condemns, as
totally unacceptable, the current conduct of military operations in Chechnya
with its tragic consequences for large numbers of the civil population of this
republic. As a result of this indiscriminate and disproportionate use of force,
innocent non-combatants in Chechnya are suffering most serious violations of
such fundamental human rights as the right to life, the right to liberty and
the right to security.
8. The Russian Federation is thus found to be
violating some of her most important obligations under both the European
Convention on Human Rights and international humanitarian law, as well as the
commitments she entered into upon accession to the Council of Europe.
9. The Assembly considers that the military operations of the Russian
federal forces in Chechnya violate the rule of law, since the scale of these
operations is not covered by the law on the fight against organised crime; as
no emergency situation has been declared, these operations are arbitrary and
not regulated by law.
10. The Assembly regrets that during the period
1996 to1999 the Chechen leadership was unable to ensure the rule of law and
respect for fundamental human rights and individual freedoms in
Chechnya.
11. The Assembly demands that the Chechen side introduce an
immediate and complete cease-fire and urges the Chechen elected representatives
to ensure the release of all hostages, to stop all acts of terrorism and
violence emanating from the Chechen side and to bring to justice the authors of
these acts, as well as to ensure the respect of democratic standards on the
territories under their control.
12. The Assembly reiterates its
support for all efforts aimed at restoring the rule of law and respect for
democratic principles in Chechnya as well as the social and economic structures
of this republic, as long as they are in accordance with internationally
accepted norms and standards.
13. The Assembly recognises the
deep-rooted historical origins of the conflict and is convinced that a lasting
and viable solution can only be based on the rejection of violence and the
consent of both a convincing majority of the people and all the key parties to
the conflict.
14. The Assembly notes with some satisfaction that the
acting President of the Russian Federation, Mr Vladimir Putin, has accepted the
proposal for a Council of Europe presence in the region. Its objective should
be to monitor, in co-operation with the Russian authorities, the human rights
and the humanitarian situation and to make proposals in this regard.
15. It also welcomes the willingness of the Russian Federation to co-operate
with the Council of Europe in the solution of this conflict and to take into
consideration the proposals of the Organisation in this regard.
16. The
Assembly calls on the Russian Federation:
16.1. to introduce an immediate and complete cease-fire and, in particular,
to stop immediately all indiscriminate and disproportionate military action in
Chechnya, including use of young conscripts, and to cease all attacks against
the civilian population ;
16.2. to start immediately a political dialogue, without preconditions,
with the elected Chechen authorities, with the objective of securing a complete
cease-fire and achieving a comprehensive political solution to the
conflict;
16.3. to allow those wishing to leave Chechnya to do so in full security
and dignity, regardless of their sex or age, and to ensure that they
subsequently receive proper protection and support;
16.4. to refrain from any forced repatriations to Chechnya;
16.5. to respect strictly the fundamental human rights of the civilian
population in the territories of Chechnya under its control, in particular with
regard to human rights violations and harassment by the military and police
forces;
16.6. to allow for the unhindered delivery of international humanitarian
assistance and for the effective operation of international governmental and
non-governmental humanitarian organisations in the region;
16.7. to ensure free access by Russian and international media to the
region;
16.8. to discuss with competent international organisations, including the
Council of Europe, the ways in which they can contribute to the political
solution of the conflict;
16.9. to initiate a regional dialogue on the peaceful solution of the
Chechen conflict, with the participation of representatives of Chechnya,
Dagestan, Ingushetia and North Ossetia, as well as with competent international
organisations, including the Council of Europe.
16.10. to ask the Russian Federation to guarantee the full application of a
fundamental aspect of democracy, namely the entire and independent operation of
the media.
17. The Assembly recommends that the Committee of Ministers:
17.1. transmit to the government of the Russian
Federation this Assembly recommendation and requests the Chairman of the
Committee of Ministers to initiate immediately the necessary action to ensure
its implementation;
17.2. take rapidly, in close co-operation with the Russian authorities, the
necessary measures designed to ensure a Council of Europe presence in the
region, respecting the activities of other international
organisations;
17.3. consider the question of human rights violations in the Chechnya
conflict at its next meeting in order to take the necessary actions within its
statutory powers;
17.4. review, in close co-operation with the Russian authorities, the
Council of Europe assistance and co-operation programmes with Russia, to ensure
that they help and do not in any way directly or indirectly inhibit a solution
to the conflict;
17.5. provide appropriate support to the Russian authorities for the
implementation of peaceful policies in conformity with the norms and principles
of the Council of Europe, intended to normalise the situation in Chechnya, with
particular regard to setting up local authorities, registration of the
population, and ensuring that financial and material support effectively
reaches those for whom it is intended;
17.6. play an active role in preparing, in co-operation with the Russian
authorities, a regional conference with the participation of Chechnya,
Dagestan, Ingushetia and North Ossetia, as well as competent international
organisations, including the Council of Europe, to co-ordinate supportive
actions for a permanent solution for the situation in Chechnya;
17.7. call upon its member states to take effective measures to control the
flow of arms into the North Caucasus area.
18. The Assembly resolves to monitor closely respect for the
requirements set out in paragraph 16 of this recommendation, at the same time
emphasising that failure to meet them will inevitably necessitate, at the
Assembly’s April 2000 part-session, a review of Russian continued membership
of, and participation in, the Assembly’s work and in the Council of Europe in
general. The Assembly therefore calls upon the Political Affairs Committee, the
Committee on Migration, Refugees and Demography, the Committee on Legal Affairs
and Human Rights and the Monitoring Committee to make arrangements for the
rapporteurs to revisit the region before the April Assembly’s part-session in
order to report on whether such a review is
necessary.