Doc. 8685

30 March 2000

Exchange of correspondence¹ between the Secretary General of the Council of Europe and the Minister for Foreign Affairs of the Russian Federation under Article 52 of the European Convention on Human Rights

Communication

Secretary General of the Council of Europe

Letter from the Secretary General of the Council of Europe to the Minister of Foreign Affairs of the Russian Federation, dated 23 March 2000

Dear Minister,

Thank you for your letter dated 29 February 2000, in which you respond to the second letter I addressed to you under Article 52 of the European Convention on Human Rights, on 27 January 2000.

Let me stress from the outset that my letter did not concern those issues regarding the conflict in Chechnya and the restoration of the rule of law, democracy and respect for human rights in that territory which are the subject of separate discussions between the various bodies of the Council of Europe and the Russian Federation, and on which progress has already been made.

I should recall that my requests to the Russian Government to provide explanations on the implementation of the Convention in Chechnya were based on Article 52 of the European Convention on Human Rights, which empowers the Secretary General to act as an organ of that Convention.

Furthermore, my requests did not concern formal or legalistic issues but serious questions of substance relating to the fulfilment by the Russian Federation of its legal obligations under the Convention and Protocols.

Therefore, the key issues are not the reasons given for intervention by Federal forces in Chechnya, but the modalities of that intervention and measures taken to uphold Convention rights in the context of that intervention.

Unfortunately, your answer does not provide explanations on these issues.

The fact that the activities of the Russian Federal forces are purportedly aimed at « the restoration of human rights in the Chechen Republic » and « the re-establishment of a legal space there » does not in any way affect or diminish the applicability in Chechnya of Russia’s legal obligations under the Convention and Protocols 1, 4 and 7.

I should reiterate that, under the Convention, it is not sufficient for a State Party to pursue a legitimate aim such as « the restoration of human rights »: the means and modalities chosen to achieve such a legitimate aim must themselves also be in full conformity with the requirements of the Convention.

In this connection, although your letter refers extensively to Article 15 of the Convention, I should recall that, in the absence of any communication under Article 15, paragraph 3, Russia’s obligations under the Convention and Protocols continue to be applicable in their entirety in the Chechen territory.

I would, moreover, add that this matter does not affect the existence of Russia's obligation under Article 52 of the Convention.

In order to assist the Russian authorities, in my letter of 27 January I gave examples of the precise kind of information requested, but none of these points were addressed in your reply.

Consequently, the replies received so far cannot be considered satisfactory under Article 52 of the Convention. I would therefore request once again that the explanations sought be provided and would be grateful to receive your reply before 3 April 2000.

...

Signed:

Walter SCHWIMMER

¹ See Doc. 8613, Doc. 8630 Appendix V, Doc. 8671 and Addendum