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Reply to Recommendation | Doc. 10412 | 22 January 2005
The human rights situation in the Chechen Republic
1. The Committee of Ministers has examined
with close attention Recommendations 1678
(2004) and 1679
(2004) of the Parliamentary Assembly relating respectively
to the political situation in the Chechen Republic: measures to
increase democratic stability in accordance with Council of Europe
standards and to the human rights situation in the Chechen Republic
and has brought them to the attention of the governments of member
states.
2. The Committee of Ministers recalls its long-standing view
that there can be no alternative to a political solution in the
Chechen Republic of the Russian Federation. It also recalls its
unequivocal and resolute condemnation of all acts of terrorism and
indeed of terrorism as such.
3. In line with the suggestions made by the Parliamentary Assembly,
the Committee of Ministers has continuously analysed the effectiveness
of the co-operation programmes with the Russian Federation concerning
the Chechen Republic with a view to adapting them to developing
needs. As a result, a new form of co-operation based on concrete
programmes was launched in 2004.
4. A first series of activities were implemented in 2004. They
focused on training in electoral matters, human rights and the development
of civil society and their aims broadly correspond to those listed
in paragraph 2.ii.a to g of Recommendation 1678 (2004). Thanks
to a voluntary financial contribution from the Government of Japan,
a Council of Europe human rights library will soon be opened in
the Chechen State University in Grozny.
5. The same considerations inspire the programme of co-operation
activities between the Council of Europe and the Russian Federation
in the Chechen Republic in 2005 (Document DGAP/Inf(2005)1 of 12 January2005,
which is at the Assembly’s disposal). The new programme was prepared
in full co-operation with the authorities of the Russian Federation,
including in particular the Chechen Republic, and adapted to their
current needs. A total sum of €561 400 has been allocated for the
implementation of these co-operation activities in the Council of
Europe budget for 2005.
6. While these already agreed and fully funded co-operation activities
for 2005 constitute a new step forward, the Committee of Ministers
is deeply aware that more is needed to help the competent authorities
of the Russian Federation, including the Chechen Republic, taking
new initiatives aimed at significantly improving the human rights
situation in Chechnya, which remains a cause of deep concern.
7. The Committee of Ministers welcomes in this respect the readiness
of the competent authorities of the Russian Federation, including
in particular the President of the Chechen Republic, the ombudsman
of the Russian Federation and the deputy general prosecutor of the
Russian Federation, to work more closely with the Council of Europe
Commissioner for Human Rights. This will cover the areas identified
in the conclusions adopted at the conference on the respect for
human rights in the Chechen Republic organised by the Commissioner
for Human Rights in Grozny in September 2004, including in particular
combating impunity and seriously tackling the issue of disappearances,
two questions to which the Committee of Ministers itself attaches
great importance and on which it hopes that significant progress
will be made.
8. As a first consequence of that conference, President Alkhanov
appointed a provisional human rights ombudsman of the Chechen Republic.
In a letter of 10 December 2004 addressed to the Secretary General and
to the Commissioner for Human Rights, the President of the Chechen
Republic requested specific assistance in developing the institution
of the ombudsman. He also asked for co-operation in the following areas:
the search for abducted and missing persons, the training for law
enforcement officers on methods of work against impunity for human
rights violations, social rehabilitation, and improving the image
of the Chechen people.
9. The list of items suggested by President Alkhanov is currently
being studied by the Secretary General who is expected to make proposals
in reply in the coming weeks. It is hoped that most of President
Alkhanov’s requests will be met in the framework of a supplement
to the already agreed programme of co-operation for 2005 mentioned
in paragraph 5 of this reply. Member states might be invited to
provide voluntary contributions for this purpose.
10. The Committee of Ministers has expressed its broad support
in principle for additional measures in the areas of human rights
protection in talks with President Alkhanov, President Zyazikov
of the Ingush Republic and deputy general prosecutor Fridinsky on
8 October 2004. It has continued its examination of such possible measures
in discussions with the Council of Europe Commissioner for Human
Rights on 3 November 2004 as well as with Mr Lukin, Commissioner
on Human Rights (ombudsman) of the Russian Federation, and Mr Khasuyev,
Commissioner for Human Rights ad interim of
the Chechen Republic, on 14 January 2005.
11. The Committee of Ministers will naturally continue to follow
developments of the situation. To that end, it intends to regularly
review the implementation of all Council of Europe co-operation
activities with respect to the Chechen Republic, with a view to
assessing their impact and considering possible re-adjustments to
current needs. In the course of this review and of the ongoing dialogue
with the Russian Government, assessments and recommendations made
by all relevant bodies and mechanisms of the Council of Europe will
be taken into consideration.
12. The Committee of Ministers has specifically brought to the
attention of member and observer governments the Assembly’s call
to work towards stopping the proliferation of weapons and arms in
the Chechen Republic and to assist the competent authorities in
collecting and destroying land mines in Chechnya.
13. Finally, the Committee of Ministers shares the concern expressed
by the Parliamentary Assembly in the recommendation concerning the
issue of corruption. In this connection, the Committee of Ministers
wishes to recall that the Group of States against Corruption (GRECO),
whose membership currently stands at thirty-eight, has been established
with a view to improving the capacity of its members to fight corruption
by assisting them in their compliance with relevant Council of Europe
standards (for example, Resolution (97) 24 on the twenty guiding
principles for the fight against corruption and the Criminal Law
Convention on Corruption, ETS No. 173) through the necessary legislative,
institutional and practical reforms.
14. The Committee of Ministers therefore calls on the Russian
Federation to join GRECO as soon as possible and to sign and ratify
the Criminal Law Convention on Corruption.