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Resolution 1227 (2000)
Conflict in the Chechen Republic: recent developments (follow-up to Recommendations 1444 (2000) and 1456 (2000) of the Parliamentary Assembly)
1. The Assembly recalls its Resolution 1201 (1999) of 4 November 1999, Recommendation 1444 (2000) of 27 January, Recommendation 1456 (2000) of 6 April and Resolution 1221 (2000) of 29 June 2000.
2. The Assembly takes note of the information collected during the visit by
the Assembly’s Ad hoc Committee to Znamenskoye (Chechnya) on 18 September and
to Moscow from 19 to 21 September 2000 and also of the hearing organised by the
competent State Duma Committee on 21 September 2000 concerning the revival of
the economy and the social sphere as well as respect for human rights and
fundamental freedoms in the Chechen Republic. It welcomes the constructive
spirit of this hearing, its fair and open character and the co-operation of the
Russian parliamentary delegation in organising the visit to Znamenskoye.
3. The Assembly reiterates its conviction that the Russian Federation’s
conduct of its military campaign in the Chechen Republic and the resulting
human rights violations have been unacceptable in terms of the Council of
Europe’s principles and objectives and that this conduct should have been
unequivocally condemned by the Committee of Ministers.
4. However, the Assembly recognises that history will judge the Assembly not
only by the number or the vehemence of its repeated condemnations alone but
also by its continuing efforts to assist in promoting a solution to the
conflict which ensures that due respect is given to human rights.
5. The Assembly accepts that there have been some encouraging developments
such as the beginning of work by the human rights machinery put in place by the
Russian Federation to deal with the Chechen conflict, for example the office of
Mr Kalamanov, the Special Representative of the President of the Russian
Federation on Securing Human and Citizens’ Rights and Freedoms in the Chechen
Republic, the State Duma Commission on the Normalisation of the Political,
Social and Economic situation and Protection of Human Rights in the Chechen
Republic and the National Public Commission on Crime Investigation and the
Respect for Human Rights in the North Caucasus.
6. The Assembly considers that the work of these bodies has been
instrumental in collecting information on the violation of human rights in the
Chechen Republic regardless of the identity of its perpetrators and that it is
beginning to provide human rights protection in individual cases.
7. The Assembly also considers that the role of the three Council of Europe
experts in the work of Mr Kalamanov’s office has made a useful contribution and
must be sustained.
8. Aware that the Russian Federation continues to be subject to the
monitoring process despite the suspension of voting rights of its delegation,
the Assembly urges the Russian authorities, in fulfilling their commitments and
obligations to the Council of Europe, to fully co-operate with the two
rapporteurs of its Monitoring Committee in preparing fact-finding visits to
produce a new information report.
9. The Assembly is, however, deeply concerned about the most serious and
ongoing violations of human rights in the Chechen Republic, which include,
inter alia, arbitrary and indiscriminate attacks and bombardments, illegal
arrests and abuse of those held in detention, extortion and harassment at check
points, all of which lead to unnecessary and unacceptable suffering among the
civilian population. The Assembly believes that any continuing unwillingness or
inability of the prosecuting authorities to investigate crimes committed by
federal servicemen against the civilian population and to bring those guilty to
court will lead to a lack of accountability and a resulting climate of
impunity, which fosters further human rights violations and impedes a political
settlement of the conflict.
10. Consequently, the Assembly urges the Government of the Russian Federation
to take prompt and effective action, on the basis of the work of the
above-mentioned bodies, in order to remedy without further delay the violations
and the shortcomings reported by them and in particular to:
10.1. ensure that the Military Prosecutor’s
office undertakes systematic, credible and exhaustive criminal prosecutions of
those members of the federal forces implicated in war crimes and other human
rights violations;
10.2. stop all illegal practices at checkpoints, in particular harassment
and extortion, while actively limiting the number of checkpoints to an absolute
minimum;
10.3. stop all illegal and arbitrary arrests and detentions and any
physical or mental abuse of those held in detention;
10.4. take immediate action to clarify the fate of all missing persons
including public figures like Ruslan Alikhodzhiyev, former Speaker of the
Parliament of the Chechen Republic;
10.5. restore an effective judiciary in the Chechen Republic;
10.6. accelerate the issue of identity documents;
10.7. provide compensation for the loss and destruction of property during
the conflict;
10.8. speed the return of refugees and displaced people to their own homes
and, in the meantime, ensure their full rights, security and dignity inside the
Chechen Republic and elsewhere in the Russian Federation including
Moscow.
11. The Assembly also urges the Russian Government to:
11.1. expedite its search for a political
solution to the conflict, including negotiations without pre-conditions with
both civilian leaders and the Chechen military commanders;
11.2. investigate all alleged mass killings of the civilian population by
Russian troops, not least those reported in Alkhan-Yurt (December 1999),
Staropromyslovski (January 2000) and Aldi (February 2000), and prosecute the
perpetrators of these acts;
11.3. limit its law-enforcement operations in the Chechen Republic to what
is absolutely necessary for the protection of its forces, local authorities and
the population;
11.4. ensure freedom of movement of the civilian population in the Chechen
Republic;
11.5. ensure maximum freedom of movement for the media in the Chechen
Republic.
12. The Assembly urges the Chechen fighters fully to respect human rights and
international humanitarian law, to renounce hostage-taking, to stop combat
operations and to open dialogue with the Russian authorities, including the
Administration of the Chechen Republic. The Assembly condemns the endorsement
by the Chechen leadership of a series of lethal attacks on persons – and their
families – working in the administration of the Chechen Republic. The Assembly
registers its profound concern at the call by President Maskhadov for the
thirteen candidates for election to the Russian Duma to be tried by a Sharia
Tribunal; it notes that Pro-Russian Chechens tried by such tribunals have been
sentenced to death; it reaffirms its total opposition to the death penalty in
all circumstances; it therefore resolves to investigate whether a Sharia
Tribunal has been convened and what sentences, if any, have been carried
out.
13. Recognising the anxieties concerning the international dimensions of the
security situation, the Assembly urges the members of the international
community not to assist the Chechen combatants in their military
activities.
14. The Assembly remains profoundly concerned about the humanitarian
situation of refugees and internally displaced people in Ingushetia and
especially in the Chechen Republic. While their return home is directly
dependent on the improvement of the human rights and housing situation,
compensation for the loss and destruction of property and other emergency
measures must be taken immediately to ensure adequate winterised accommodation,
heating, food, basic medical care and properly resourced education. The
Assembly undertakes to closely monitor the situation of refugees and to call on
the relevant organisations to provide the necessary financial
assistance.
15. The Parliamentary Assembly calls on the Russian Government to grant
access to those international humanitarian organisations and NGOs willing to
commence operations in the Chechen Republic where the security of their staff
can be ensured; it also calls on member governments of the Council of Europe
without delay to provide generous support for the humanitarian rehabilitation
and reconstruction of the Chechen Republic.
16. The Assembly calls on the Committee of Ministers to monitor the action
taken by the Russian Federation in fulfilling its obligations as a signatory
party to the European Convention on Human Rights and in response to the
Assembly’s recommendations and resolutions. In particular, the Assembly calls
on the Committee of Ministers to closely monitor progress on investigations and
prosecutions of those responsible for abuses and urges member states, in the
absence of meaningful progress, to pursue other avenues of accountability
including an interstate complaint before the European Court of Human Rights. It
also calls on the Secretary General of the Council of Europe to keep the
Assembly regularly and substantially informed on the activities of the Council
of Europe’s experts in Mr Kalamanov’s office.
17. The Assembly reiterates its determination to work with the competent
Russian parliamentary bodies in order to ensure full respect for the standards
and objectives of the Council of Europe in the Chechen Republic. The Assembly
supports the efforts of those members of the State Duma and the delegation of
the Russian Federation to the Parliamentary Assembly who are endeavouring to
bring peace, democracy, human rights protection and stability to the Chechen
Republic.
18. The Assembly resolves to make the necessary practical arrangements to
assess progress at its January 2001 part-session; it expresses the hope that by
then progress will have proved sufficiently convincing for the Russian
delegation to enjoy its full rights.