Doc. 8704

5 April 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

Letter from the Minister for Foreign Affairs of the Russian Federation to the Secretary General of the Council of Europe, dated 31 March 2000

Dear Mr Secretary General,

      In reply to your letter dated 23 March 2000 and further to my letters to you dated 10 January and 29 February 2000, I would like to provide some additional and, as you particularly insist, informal and non-legalist information related to the human rights situation in the Chechen Republic of the Russian Federation.

      In the context of Article 52 of the European Convention on Human Rights (ECHR) not only tertirum non datur, but even no second option is available: the only legal regime which already ensures in dynamics and which will eventually guarantee the comprehensive application of ECHR standards in the Chechen Republic - is the legal regime of the Russian Federation.

      It consists, as you know, of the standards of the Constitution of the Russian Federation, of the body of federal laws and those statutory acts of the Chechen Republic that do not contradict the former, as well as Russia's international legal obligations, acts of courts and law-enforcement agencies, tangible legal culture of the representatives of the State and of every citizen of the Russian Federation.

      It is precisely the full restoration of the legal regime of the Russian Federation within the boundaries of the Chechen Republic that will ensure comprehensive application of ECHR standards - not the other way round.

      I hope you would agree that those why try to "put the carriage before the horse" either honestly err or deliberately try to mislead others.

      Indeed, one has to be at least naïve to speak of the "strict observance" of the ECHR standards in a wrecked society, on territory brutally subjugated by criminal barons who fiercely resist any attempt to restore law and order.

      The anti-terrorist operation of the Federal forces in the Chechen Republic not only has the proclaimed aim of restoring human rights in the Chechen Republic and establishing legal space therein, but indeed pursues this, and only this, objective. It has never had objectives other than those repeatedly stated by the leaders of the Russian Federation and mentioned in my letters to you. It is neither aimed against the Chechen people, nor against foreign states, or Islam.

      As for the methods we had to choose, I emphasise - we had been compelled to choose, in order to combat well-organised and considerable forces of terror, lawlessness and illegality opposing the Federation, I shall stress once again: those methods, as well as the pursued objective, are absolutely legitimate. I dare hope that the rightful and efficient struggle against those forces arouses with you and, as it was repeatedly emphasised at the sessions of the Committee of Ministers and the Parliamentary Assembly, with the Council of Europe as a whole no feeling other than that of democratic solidarity and support for the efforts of the Russian authorities.

      You will realise from my letters that the operation involving the use of force was not our choice. Nor are we to blame that it has proven impossible to resolve the problem peacefully. The forces that had terrorised the population of the Chechen Republic in recent years refused to heed reason and calls by the elders, religious leaders, Federal authorities and the most responsible leaders of foreign states and international organisations. They persisted and continue to persist in armed resistance against the Russian Federal authorities. At the same time, they have repeatedly and grossly violated all existing moral and legal rules of conduct with respect to the civilian population, often using them as a human shield.

      I would like to inform you once again that the Russian competent authorities are taking all measures under Russian legislation to investigate all offences and punish the culprits in accordance with established legal procedures. We are uncompromising on this. The reaction of the Russian authorities to the criminal offence committed recently in Chechnya by Colonel Yu. D. Budamov is clear demonstration of this uncompromising stance.

      The stage of the operation in the Chechen Republic involving the use of armed forces is nearing completion. In the very immediate future we shall have to create prerequisites for a stable and democratic political settlement in the Chechen Republic in accordance with the Constitution of the Russian Federation. This is precisely the focus of efforts by the President, the Government, the Federal Assembly and all other state authorities of the Russian Federation.

      In this context we highly appreciate the readiness of the Council of Europe to send its experts and to participate, at their best, in the activities of the Office of the Special Representative of the President of the Russian Federation for the Protection of Human and Civil Rights and Freedoms in the Chechen Republic, Mr V.A. Kalamanov.

      We are also grateful to the Council of Europe for its sincere desire to support the Russian Federation in its efforts to strengthen stability, democracy and human rights in the Chechen Republic by organising several seminars and other activities aimed at rehabilitation of the Chechen Republic.

      Additional information requested by you, is also available in the "Situation in the Chechen Republic" memorandum of the Delegation of the Federal Assembly of the Russian Federation to the Parliamentary Assembly of the Council of Europe, dated 28 March 2000, concerning the implementation of the PACE Recommendation 1444 (2000), transmitted to the Parliamentary Assembly President, Lord Russell-Johnston by the head of the Russian delegation to PACE, Mr Dmitry O. Rogozin.

      It is my hope, Mr Secretary General, that the three letters of mine, together with the above memorandum and the entire tissue of interaction between Russia and the Council of Europe provide (given, of course, a responsible and impartial approach to the issue) sufficient information pursuant to Article 52 of the ECHR on the manner in which the domestic law and measures taken by the Russian Federation in the course of the settlement in the Chechen Republic ensure effective implementation of the provisions of the European Convention on Human Rights.

Yours sincerely,

(signed)

Igor S. IVANOV

¹ See Doc. 8613, Doc. 8630 Appendix V, Doc. 8671 and Addendum, Doc. 8685