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Doc. 8705
5 April 2000
Conflict in Chechnya
Opinion1
Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe(Monitoring Committee)
Rapporteur: Mr Réginald Moreels (Belgium, EPP/CD)
I. Conclusions
1. During the January session of the Parliamentary Assembly, the suspension of the right to vote was accepted as a possible sanction if a number of requirements would not be met very soon by the Russian authorities in the Chechen crisis (see Recommendation 1444). The requirements and possible sanctions linked to their fulfilment remain of course on the table, but we have to be aware of all consequences of these sanctions. A radical condemnation of Russia, with strong and unilateral measures against (certain aspects of) Russian membership of the Council of Europe, could look very honourable in terms of pure principles, but could isolate this member state as well with effects that in the end will harm the Chechen population more than anybody else. Therefore, I would like to plead in favour of a carefully balanced approach, one that does not exclude condemnation and judicial actions in the field of international humanitarian law, but does not excommunicate Russia either.
2. One has to take into account the specific role that the State Duma can play in the given context with a view to solve the Chechen crisis in terms of political stability, social and economic rehabilitation, humanitarian recovery, human rights and justice. The State Duma is actually one of the main pillars of the important and irreversible but fragile democratisation process. At the same time, the Duma constitutes a real factor of pressure toward the Russian government. We must not neglect these elements and involve this parliamentary institution in measures which contribute to a structural and long-term solution.
3. Therefore, we should insist on:
- a strong presence and active involvement of international experts from the Council of Europe, the UN and the OSCE in the Office of the Special Representative of the Acting President on Human Rights and Freedoms in the Chechen Republic, Mr Kalamanov;
- the immediate creation by the Duma of a parliamentary committee charged with an investigation of all infringements of international humanitarian law and recognised international human rights standards – this committee could at a later stage evolve towards some kind of “truth and reconciliation commission”;
- a formal commitment from the Duma to considerably raise the budget for the physical reconstruction, the psychological healing and the social, economic, political and cultural rehabilitation of Chechnya.
4. These conditions do not replace but strengthen the still valid requirements put forward in Recommendation 1444 of the Parliamentary Assembly, requirements of which I would like to repeat at least the following:
• to respect an immediate and complete cease-fire;
• to start a political dialogue with the elected Chechen authorities;
• to allow those wishing to leave Chechnya to do so in full security;
• to refrain from any forced repatriations to Chechnya;
• to respect the fundamental rights of the Chechen civilian population;
• to allow for the delivery of international humanitarian assistance, and the access of human rights organisations and of the media.
5. I learned from our mission to Chechnya that yet another relevant condition should be added to the existing list of requirements: guarantees for an effective access of detainees to legal advice and other credible facilities for the defence.
The vote on sanctions against Russia during the April session of the Parliamentary Assembly will no doubt depend on whether the Russian authorities will give strong and credible signals showing their readiness to meet the above-mentioned requirements.
II. Introduction
6. In Recommendation 1444 (2000) (paragraph 18), the Assembly resolved:
"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 on the Political Affairs Committee, the Migration, Refugees and Demography Committee, the Committee on Legal Affairs and Human Rights and the Monitoring Committee to make arrangements for rapporteurs to revisit the region before the Assembly's April part session in order to report on whether such a review is necessary."
7. On 28 January 2000, the Bureau of the Assembly agreed to set up an ad hoc Committee composed of members of these four committees to carry out both the tasks mentioned in paragraph 18 of Recommendation 1444 and the terms of reference of the former ad hoc Committee on Chechnya; it asked the President and the Secretary General of the Assembly to consult with the chairs of the four above-mentioned committees with a view to ensuring a balanced political and regional composition of the new ad hoc committee.
8. The composition of the ad hoc Committee and the programme of its visit to the Russian Federation appear in Appendices I and II to this note. Membership included the rapporteurs of the four committees, except Mr Atkinson, one of the two co-rapporteurs of the Monitoring Committee. The other co-rapporteur of the Monitoring Committee, Mr Bindig, participated in the ad hoc Committee in his capacity of rapporteur of the Legal Affairs Committee. In agreement with the Chair of the Monitoring Committee, I was invited to act as rapporteur for that committee.
9. Since the mandate of the ad hoc Committee was not to report on the state of progress of the monitoring procedure in respect of Russia, I have limited my analysis of the developments in Chechnya to the follow-up given by the Russian authorities to Recommendation 1444, on which Lord Judd, Chairman of the ad hoc Committee has drawn up a report (Doc ….). Referring to this report, I will restrict myself in the present memorandum to the following comments.
Co-operation with the Russian authorities
10. The Russian authorities are to be commended on their assistance and co-operation which enabled the ad hoc Committee to carry out its mandate appropriately and assess follow-up to the requirements listed in Recommendation 1444.
Grozny
11. Grozny has become a ghost town, a striking evidence that human being is capable not only of the best but also of the worst. The humanitarian situation and the living conditions of the remaining population in this town and its surroundings are very precarious and in fact nothing less than shocking to me, even if I can speak with a particular field experience as a former war surgeon: total destruction of civil buildings and other essential infrastructure, shortages of water, food and energy supplies, lack of basic public facilities in crucial areas such as health and education, … For most of the people living in Grozny, social and economic life has been downgraded to survival conditions unworthy of human being. As far as my personal impressions and findings are concerned, I can only repeat delegation leader Lord Judd’s bitter conclusion that “it is beyond comprehension that at the beginning of the 21st century, a European city like Grozny could be systematically destroyed by the forces of its own government”.
Chernokosovo
12. In the Chernokosovo detention centre, we had a not too guided opportunity to meet with and talk to detainees in their cells. The main problem here seems their access to legal advice and an operational defence. From a purely physical point of view – although without a medical examination –, their plight was apparently not alarming. Apart from its own findings, the delegation is looking forward to being informed by the report of the European Committee for the prevention of torture and inhuman or degrading treatment or punishment, which held an inquiry into legal, medical and other aspects of the situation of the detainees during a recent mission to Chechnya.
Refugee camps
13. In the refugee camps visited by the delegation, refugees showed a profound hatred against both the Russians whose military actions in Chechnya have been indiscriminate and disproportionate toward the Chechen population, and Chechen leaders who have been involved in mafia-like practices, abductions for ransoms, illicit trafficking in weapons, drugs, oil … They witnessed systematic violence, rapes and other atrocities, all of them in the field of war crimes, crimes against humanity and human rights (but certainly not in the field of genocide or genocidal crimes).
Committee for report: Political Affairs Committe
Committee for opinion: Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe
Reference to committee: Recommendation 1444
Opinion approved by the committee on 4 April 2000
Secretaries of the committee: MM. Ausems, Dufour, Mrs Chatzivassiliou, Ms Trévisan
APPENDIX I
Ad Hoc Committee of the Bureau
on the follow-up to Recommendation 1444 (2000)
Political Affairs Committee
Lord JUDD, rapporteur SOC United Kingdom
Mrs Lára Margrét RAGNARSDÓTTIR EDG Iceland
Mrs Hanne SEVERINSEN LDR Denmark
Committee on Legal Affairs and Human Rights
Mr Rudolf BINDIG, rapporteur SOC Germany
Mrs Anneli JÄÄTTEENMÄKI LDR Finland
Committee on Migration, Refugees and Demography
Mr Doros CHRISTODOULIDES UEL Cyprus
Mr Tadeusz IWINSKI, rapporteur SOC Poland
“Monitoring” Committee
[Mr Rudolf BINDIG, rapporteur SOC Germany]
Mr Reginald MOREELS EPP Belgium
Mr Juris SINKA EDG Latvia
APPENDIX II
PROGRAMME OF THE VISIT OF THE AD HOC COMMITTEE
TO THE RUSSIAN FEDERATION
(Moscow, North Caucasus, 8-13 March 2000)
Wednesday 8 March 2000
Arrival in Moscow
Thursday 9 March 2000
9h15 Meeting with Mr Seleznev, Chairman of the State Duma of the Federal Assembly of the Russian Federation
10h20 Meeting with Mr Platanov, Vice-Chairman of the Council of Federation of the Federal Assembly of the Russian Federation and President of the Republic of Kabardino-Balkaria
11h45 Meeting with Mr Ivanov, Minister of Foreign Affairs
16h30 Meeting with General Ivashov, Ministry of Defence
18h00 Meeting with Mr Chaika, Minister of Justice
19h00 Meeting with the Ambassadors of the Council of Europe member countries at the Irish Embassy
Friday 10 March 2000
8h30 Meeting with Mr Blokhin, Minister for Affairs of the Federation and of the Nationalities
9h00 Meeting with Mr Shoigu, Minister for Emergency Situations
10h30 Meeting with Mr Kalamanov, the Special Representative of the President of the Russian Federation on Human Rights and Freedoms in the Chechen Republic
13h00 Meeting with Mr Yastrzhembskyi, Special assistant of the President of the Russian Federation
14h15-16h30 Meetings with members of the new Russian delegation to the Parliamentary Assembly
15h30-16h30 Meeting with Mr Babitsky
16h30-17h30 Meeting with international organisations
17h30-19h00 Meeting with non-governmental organisations
19h00 Meeting with journalists
Saturday 11 March 2000
7h00 Departure for Makhachkala (Dagestan)
11h00 Meeting with Mr Magomadov, President of Dagestan
13h00 Visit to a hospital in Irgun
15h00 Visit to Grozny
17h00 Visit to Cernokosovo detention centre and the police station in Naurskaya
20h00 Meeting with Mr Dzasokhov, President of North Ossetia
Sunday 12 March 2000
10h00-12h00 Visit to refugee camps in Ingushetia (Severnaja)
13h00 Meeting with Mr Aushev, President of Ingushetia
15h00 Departure for Moscow