Doc. 8783

27 June 2000

Conflict in the Chechen Republic - Implementation by the Russian Federation of Recommendation 1444 (2000) Recommendation 1456 (2000)

Reply from the Committee of Ministers

adopted at the 715th bis meeting of the Ministers’ Deputies (27 June 2000)

PART A

The Committee of Ministers has continued to examine Recommendation 1456 on the “Conflict in the Chechen Republic – Implementation by the Russian Federation of Recommendation 1444” with the utmost care. It has kept the Assembly informed of the progress in its examination notably at the Standing Committee meeting in Dublin on 16 May 2000 and at the Assembly’s Political Affairs Committee on 12 June 2000. In accordance with the recommendation formulated in para. 24.v of the Recommendation, the Chairman of the Committee of Ministers, the Foreign Minister of Italy, Mr Lamberto Dini, and the Secretary General, Mr Walter Schwimmer, visited Moscow on 24 June 2000 for consultations on the Chechen Republic at the highest level. That visit was preceded by a visit by the Italian State Secretary for Foreign Affairs, Mr Umberto Ranieri, and the Secretary General who had high level talks in Moscow, Vladikavkaz (North Ossetia-Alania) and Znamenskoye (Chechnya).

Throughout these visits, the participants reiterated the serious concerns of the Assembly and those of the Committee of Ministers and referred to all the questions and recommendations contained in the Recommendation. Information on the operative paragraphs of the Recommendation is set out in part B of this reply.

The Committee of Ministers stresses the seriousness with which all the delegation’s interlocutors dealt with the expressions of concern voiced and all questions asked. The importance of membership of the Council of Europe by the Russian Federation and of her commitment to the Organisation’s statutory aims and fundamental principles was constantly underscored by the Russian authorities. The Committee, for its part, recognised the need to protect a State’s territorial integrity and to fight against terrorism while respecting human rights, but a political solution to the Chechen crisis based on genuine dialogue can be the only outcome leading to permanent peace and stability.

Following the visit to Chechnya, the Chairman’s delegation was able to note that the situation in the Republic had certainly improved. Fighting had generally been confined to countering sporadic armed attacks. Even so, lack of security continues to be a serious threat to stability in the region and a hindrance to political and material reconstruction. Much remains to be done. It will require a longer period of time for the crisis to be solved and for the situation to be considered satisfactory in the Chechen Republic. Freedom of movement is severely hampered by surprise attacks, bombing and gunfire. Many internally displaced persons can still not return to their homes because of the security threat and lack of basic needs (shelter, electricity, gas, water, sanitation). Concerted attempts are being made to provide remedial help. International humanitarian organisations are active on the ground, together with NGOs, but their assistance cannot be further developed without an improvement in the security situation. The action by the Office headed by Mr Kalamanov, Special Representative of the President of the Russian Federation for ensuring human and civil rights and freedoms in the Chechen Republic, is fully operational in Znamenskoye. 700 complaints have been registered. Four other offices are operational in the Republic and three are to be opened soon. Improved security will dictate the speed with which they work to full capacity.

A number of positive developments have taken place in the region, which respond inter alia to the recommendations of the Assembly. They can be considered as the first elements of an ongoing political process, which is intended to culminate in due course in the reconstruction of Chechen society. Actions taken are designed to lead to the restoration of the rule of law and the respect of human rights in the Chechen Republic as part of the Russian Federation. The Council of Europe offers its assistance for working out a final status of the Chechen Republic, particulary through the Venice Commission on Democracy through Law. The Committee of Ministers calls upon the Russian Federation to continue her endeavours and will continue to pay attention to the results obtained. The Committee of Ministers encourages the Russian Federation to publish the results of complaints and investigations for crimes committed in Chechnya. At the same time the Committee of Ministers with reference to paragraph 10 of the Recommendation concerning the Chechen side and the holding of hostages, underlines the need for full compliance with it. The Committee stresses the important role to be played by the State Duma of the Federal Assembly in the normalisation process and in reconciliation. It has noted with particular interest the special parliamentary hearings on the situation in Chechnya, with particular reference to human rights, to be held in September; the Council of Europe will be invited to them. It is open to the Parliamentary Assembly to actively participate in these hearings on the basis of its experience and observations. The prospect of an early restoration of the voting rights of the Russian delegation to the Parliamentary Assembly could be considered in this context.

PART B

The Committee of Ministers wishes to give further factual information, following its reply of 30 March 2000 to Recommendation 1444, with reference to paragraph 17 of Recommendation 1444 and paragraph 24 of Recommendation 1456, addressed to the Committee of Ministers and also paragraphs 19 and 20 of Recommendation 1456, addressed to the Russian Federation.

Concerning Recommendation 1444 (2000):

Ad para. 17 ii. and iii.: Three members of the Council of Europe Secretariat started work on 21 June 2000 in Znamenskoye in the Office headed by Mr Kalamanov, Special Representative of the President of the Russian Federation for ensuring human and civil rights and freedoms in the Chechen Republic. The Chairmanship and the Secretary General visited them at their places of work and residence on 23 June and noted that satisfactory working conditions and security arrangements, in accordance with the agreements reached, were being put into place. The Organisation of the work of the Office was positively evaluated. There are 22 local employees, including lawyers, who can better relate to the local population and who can, in particular, assist the detainees. It is already established in 4 further localities in Chechnya (Grozny, Urus-Martan, Kurchaloy and Achhoy-Martan) and its extension to 3 more is planned as soon as security conditions permit. Temporary shortcomings of the security arrangements for the Council of Europe experts, which appeared after the visit of the delegation, were settled due to the Secretary General’s immediate intervention in Moscow. Full protection is not only provided again but also confirmed in writing by the Russian Foreign Minister.

Continuous contacts are being maintained with the OSCE and the relevant UN institutions on this matter. During their mission in Moscow, the Chairman of the Committee of Ministers and the Secretary General made an appeal for the early return of the OSCE Assistance Group, in line with the readiness expressed by the Russian Federation. The Committee of Ministers strongly supports that appeal.

The Committee of Ministers has continued its intensive consideration of human rights protection in Chechnya, including on the basis of reports by Mr Gil-Robles, the Council of Europe Commissioner for Human Rights.

The Secretary General has requested the Russian Foreign Minister, under Article 52 of the European Convention on Human Rights, to furnish an explanation of the manner in which the internal law of the Russian Federation ensures the effective implementation of the provisions of the Convention. Replies received so far gave grounds to the Secretary General to ask a group of recognised experts in international human rights law to produce a more in-depth analysis of the replies received. This analysis was forwarded on 26 June 2000 to the Chairman of the Committee of Ministers and the President of the Parliamentary Assembly, together with a letter from the Secretary General referring the matter to the Committee of Ministers under paragraph 1 of the Declaration of the Committee of Ministers on compliance with commitments accepted by member States of the Council of Europe, adopted on 10 November 1994.

The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) carried out two visits to the North Caucasus (26.2 – 4.3 and 20-27.4. 2000). At the end of these visits the CPT delegation held consultations with the Russian authorities. The preliminary report of the 1st mission has been published with the agreement of the Russian authorities.

Ad para. 17 iv., v. and vi.: In its reply to Recommendation 1444 (of 30 March 2000) the Committee of Ministers has already indicated that co-operation activities aimed at strengthening democratic stability in the North Caucasus region were under review, inter alia on a tripartite basis including the Russian Federation as well as the European Commission. This review led to the organisation of two seminars, in Pyatigorsk and Vladikavkaz respectively.

The Pyatigorsk Seminar on 27-28 April 2000, on the “Hierarchy of rules in a Federal State and methods of harmonising federal and regional legislation”, resulted in practical considerations concerning the compatibility between regional and federal legislation, the division of regional and federal competencies and adequate representation of regional interests in federal institutions. The conclusions can help better to reflect the specificity of the North Caucasian region whilst securing adequate federal cohesion, and to prepare for the future status of Chechnya in the Federation.

Discussions at the Vladikavkaz Seminar of 30-31 May 2000, on “Democracy, rule of law and human rights”, were concluded with programme proposals which have been developed since to constitute a set of concrete activities covering both regional co-operation and assistance to Chechnya proper, particularly with a view to helping people from Chechnya to develop capacities in the field of local government. Activities envisaged, part of which will be the subject of further discussions with the European Commission in view of a possible future joint programme, cover the following fields: constitutional arrangements and institution building (including local self-government), the implementation of human rights norms and the promotion of human rights protection mechanisms (including media freedom), improvement of legislation, reform of the judicial system and training of the judiciary, reform of the penitentiary system, fight against criminality, social cohesion (particularly support for displaced persons) and the development of fair education systems open to all residents.

The Seminar in Vladikavkaz was held with the participation of representatives of the Russian authorities, the North Caucasus Republics of the Russian Federation, including Chechnya, the Council of Europe, as well as OSCE, EU, UNHCR and NGO’s. Participants from Chechnya included representatives of the Administration, as well as local administration and educational institutions, religious leaders and displaced persons.

Ad para. 17 vii.: All efforts must be undertaken to control effectively the flow of arms in the region and drug trafficking as well. As was confirmed in the contacts between Secretary of State Ranieri of the Italian Chairmanship, with the Georgian leadership, in Tbilissi, on 15 June, border crossings between the Russian Federation (Chechen Republic) and Georgia are being monitored with the help of the OSCE (and financial assistance of the European Union); the OSCE has not reported any case of arms trafficking there.

Concerning Recommendation 1456 (2000):

Ad para. 19 i.: Reports of cases of human rights violations in Chechnya have considerably diminished and are being checked at 3 levels (see para. 19 v. below), including by the Special Representative of the President of the Russian Federation for ensuring human and civil rights and freedoms in the Chechen Republic, as well as through access by the ICRC to all detainees. The Committee of Ministers fully concurs with the Parliamentary Assembly in stressing that all human rights violations and terrorism in the Chechen Republic must cease immediately.

Ad para. 19 ii.: President Putin decided to nominate, as Head of the Administration of the Chechen Republic, Mr Akhmad Kadyrov, a former mufti and member as well as fighter in the Maskhadov administration, in order, inter alia, to try to find new channels of communication with forces still fighting Federal troops. All the interlocutors of the Chairman considered this an important move. In the hope of furthering the political dialogue, elections of a State Duma Deputy from the Chechen Electoral District have been scheduled for 20 August 2000.

Ad para. 19 iii. and iv.: No formal cease-fire has proved possible in the absence of agreement between those involved in the conflict. However, there are no reports of large-scale military operations causing heavy civilian casualties. Russian forces, no longer including young conscripts, mainly react to guerrilla attacks. Their number has been reduced to 50,000, with a commitment to further reduce, when conditions permit, to 15,000 whose equipment would be in line with Conventional Forces in Europe (CFE) Treaty provisions. President Putin confirmed, during the visit of the Chairmanship and the Secretary General, his commitment to a political solution. This should also involve a large cross-section of the Chechen population, including doctors, teachers and other intellectual and professional circles.

Ad para. 19 v.: Independent inquiries into allegations concerning human rights violations are being conducted at three levels which, taken together, move in the direction of the understanding of the Ministers in their communiqué of 11 May 2000.

The three levels are:

      i. “The State Duma Interfactional Commission on normalisation of the political and socio-economic situation and ensuring human rights in the Chechen Republic”, consisting of 16 deputies with Mr Tkachev as the Chairman, has formed 5 working groups to monitor the situation:

Members of the Commission regularly visit the Chechen Republic where they have meetings with members of the administration, the military, local residents. The staff of the Commission prepared information reports on the situation in the area of human rights and freedoms of citizens in the Chechen Republic and on the restoration of economy and the social sector in the Republic.

Concrete decisions were adopted including the decisions to send parliamentary requests to the Government of the Russian Federation, to work out legislative proposals, to establish an office in the Chechen Republic. The Commission is ready for co-operation, with representatives of international parliamentary bodies including the Parliamentary Assembly of the Council of Europe. (See reference to the parliamentary hearings on the situation in Chechnya, to be held in September, in Part A above.)

ii. The Special Representative of the President of the Russian Federation for ensuring human and civil rights and freedoms in the Chechen Republic (“Kalamanov Office”, see above), with the experts of the Council of Europe. At present, the latter are the only representatives of the international community on the ground full time.

The Office works in the following areas:

The Special Representative and his staff receive citizens (about 4000 as of mid-June 2000), visit regularly centres for temporary housing of displaced persons in order to collect first hand information on the human rights situation in the Republic. Citizens’ letters and complaints concerning violations of their rights are carefully examined1. The information thus obtained is transmitted to law enforcement bodies and the Prosecutor General’s Office of Russia for the purpose of their verification and adoption of appropriate measures, including the visit to detention centres. The Special Representative has the intention to deploy, in particular, on a regular basis one Council of Europe staff member in Chernokozovo pre-trial detention centre.

iii. The National Public Commission on investigating crimes and ensuring human rights in the North Caucasus, headed by the Chairman of the State Duma Committee on legislation P. Krasheninnikov, is also continuing its work. According to its Statute (see appendix) the National Commission shall assist the implementation in the North Caucasus region of human rights and freedoms, by performing the following functions:

-       gathering information concerning events in the North Caucasus;

-       collecting applications from members of the public, their proposals and statements;

-       examining the applications and complaints filed with the Commission by citizens of the Russian Federation, stateless persons and foreign nationals concerning violations of human rights and freedoms and referring them to the competent state authorities in order that the appropriate action may be taken;

-       publishing reports on the results of the Commission’s activities.

According to information given during the recent visit of the Chairmanship and the Secretary General, the Commission has submitted to the Prosecutor General’s Office of the Russian Federation a number of complaints from citizens, concerning arrest and detention, consequences of losses through combat and killings. A number of complaints conveyed to the Prosecutor General’s Office concern cases of looting by members of the Federal forces. Specific facts are cited, linked to robbery by servicemen of civilians, cult and secular establishments, with concrete dates, places of incidents, names of victims and witnesses. A great number of complaints conveyed to the Prokuratura concern concrete facts of violation of legislation providing for rights and benefits of the Internally Displaced Persons, who had to migrate to the subjects of the Federation adjacent to Chechnya. The greatest number of complaints were brought from the Krasnodar territory.

President Putin has met with the members of the Commission and reiterated his support for its activities. Mr Pavel Krasheninnikov has had contacts with Prosecutor General Viktor Ustinov of the Russian Federation and has handed over to him the material the Commission had gathered about offences committed by the Russian servicemen in the Chechen Republic. A reply which has just been received from the Prosecutor General’s Office states that all the materials are now subject to pre-investigation checking.

Whilst this Commission has yet to realise its full potential, both President Putin and Mr Krasheninnikov agreed to consider the offer by the Council of Europe delegation of possible financial, moral, administrative, organisational and other support for this Commission on the condition that this should not affect the independent image of the Commission with the Russian public.

Ad para. 19 vi.: 12 cases of crimes committed by Federal forces over the period from August 1999 to 15 June 2000 against the local population in the Chechen Republic have been subject to investigation by the military prosecutors and court: 4 murders, 2 cases of manslaughter, 2 larcenies, one violation of rules for handling combat and special-purpose vehicles, 2 cases of hooliganism, one violation of rules for handling arms. Two servicemen had been convicted.

The criminal case of Colonel Y.D. Budanov, charged with murder of a Chechen woman, is under investigation, and it will be submitted to the court after its completion.

Ad para. 20 i.: UNHCR representatives informed the Chairman’s delegation that provision of humanitarian assistance was not subject to bureaucratic obstacles. The V.A.T. on goods provided has been reimbursed in kind and custom duties are not levied. Some difficulties continue to be reported at the local level, but these were mainly due to security considerations.

Ad para. 20 ii.: As discussed at the Vladikavkaz Seminar, an association of advocates has been established at Gudermes to provide a qualified legal advice service to the public, including those suspected or accused of crimes committed in the Chechen Republic. Lawyers in the Kalamanov Office are also available specifically to assist detainees.

Ad para. 20 iii.: Agreement has been reached for unrestricted access by the ICRC to all persons detained by the Russian authorities in connection with the conflict in Chechnya, both within Chechnya and elsewhere in the Russian Federation. 9 places of detention have already been visited in accordance with ICRC standard procedures, among which 4 in Chechnya itself (in Grozny, Chernokozovo and Naurskaya) and other visits are planned for the coming days.

Ad para. 20 iv.: The Council of Europe’s latest mission heard confirmation that access of humanitarian agencies to the Chechen Republic is permitted. Evaluation missions and needs assessments have taken place, particularly by the UNHCR and the ICRC. They confirm both the enormous need and the lack of adequate supplies. There are continuous reports about increasing insecurity, including attacks against government relief convoys.

Ad para. 24 i. a. and b.: See above, particularly para. 19.

Ad para. 24 i. c. and d: See above – para. 17 of Recommendation 1444.

Ad para. 24 ii. to iii.: The reply to subparagraphs ii. to iv. is to be found in paragraph 42 below.

Ad para. 24 iv.: No member State has taken action in relation to Article 33 of the European Convention on Human Rights.

Ad para. 24 v.: The results of the visit of the Chairmanship and the Secretary General to Moscow and Chechnya are set out above. This followed recent contacts between the Italian Chairman-in-Office with President Putin in Rome and with Foreign Minister Ivanov in Florence, as well as earlier contacts between the Irish Chairman of the Committee of Ministers and the Minister for Foreign Affairs of the Russian Federation on four occasions since January 2000 (in Moscow, Luxembourg, New York, Strasbourg).

*

* *

On the basis of the above factual replies to each of the points raised in the Assembly’s Recommendations 1444 and 1456, and of the visit of the Chairman and the Secretary General to Moscow and the North Caucasus, the Committee of Ministers believes that a number of steps are being taken by the Russian Federation towards meeting the concerns of the Parliamentary Assembly and positive results have been achieved.

The Committee of Ministers believes that further progress must be made by the Russian Federation especially on the investigation of human rights violations on the basis that was agreed by all Ministers in the communiqué of the 106th Ministerial Session, on the establishment of a productive political dialogue, and, with the OSCE, on ensuring the earliest possible return of the OSCE Assistance Group. The Committee is determined to assist Russia in ensuring that progress on these issues is achieved. The Committee is also actively considering the enhancement of the ADACS programmes for Russia, taking account of the two recent seminars.

The Committee believes that, in the present circumstances, there is no need for the Committee to act in the context of Article 8 of the Statute. The Committee remains of the view that the Council of Europe has a major contribution to make to the restoration of human rights in the Chechen Republic. At the same time, it recognizes that the contribution can only be made on the basis of Russia being a member of the Organisation and fulfilling its commitments to the Organisation.

The Committee of Ministers will observe the overall situation closely with a view to promoting political dialogue in Chechnya. The Committee of Ministers values the continuing involvement of the Parliamentary Assembly in closely following the situation in the Chechen Republic and will keep it informed accordingly. The Committee of Minister looks forward to the early resumption by the Parliamentary Delegation of the Russian Federation of its full participation in the work of the Parliamentary Assembly.

Appendix

[unofficial translation from the COE from Russian original]

APPROVED

at the meeting of the Commission

on 26.05.2000

Chair       P.V. Krasheninnikov

Statute

of the National Public Commission

for the investigation of offences and the observance of human rights

in the North Caucasus

1. General provisions

1.1. The National Public Commission for the investigation of offences and the observance of human rights in the North Caucasus (hereinafter referred to as the Commission) shall assist the implementation in the North Caucasus region of human rights and freedoms, thereby helping to rectify the situation which has arisen in the North Caucasus, and more especially in the Chechen Republic, as a result of the events which occurred in the 1990s.

      The Commission shall act in accordance with the Constitution of the Russian Federation, federal laws, including the Federal Law of the Russian Federation « On public associations » and the international treaties of the Russian Federation.

1.2. The Commission shall carry out its activities openly, shall co-operate with the state authorities, local self-government bodies, public organisations and the media.

2. Main tasks of the Commission

2.1. The main tasks of the Commission shall be :

- to carry out independent, public investigations into offences committed in the North Caucasus in the 1990s ;

- to make recommendations to the federal authorities within the scope of its powers ;

- to influence public opinion, with a view to reducing social tension and counteracting extremist tendencies;

- to maintain contact with the relevant international and Russian organisations and public associations seeking to end the crisis in the North Caucasus.

3. Operational activities of the Commission

3.1. In order to carry out its tasks, the Commission shall perform the following functions:

- gathering information concerning events in the North Caucasus;

- organising the work of public receiving offices in Moscow, the Chechen Republic and other subjects of the Russian Federation for the purpose of collecting applications from members of the public, their proposals and statements;

- examining the applications and complaints filed with the Commission by citizens of the Russian Federation, stateless persons and foreign nationals concerning violations of human rights and freedoms and referring them to the competent state authorities in order that the appropriate action may be taken;

- publishing reports on the results of the Commission’s activities.

4. Legal status of the Commission

4.1. The Commission shall be an independent public organisation.

4.2. For the purpose of carrying out its activities, the Commission may:

- set up working groups in its various areas of activity, approve their statutes, engage academics and experts in accordance with the prescribed procedure for the purpose of carrying out analyses and expert appraisals;

- send documents concerning infringements of the law and violations of human and civil rights to the law enforcement agencies of the Russian Federation in order that they might carry out the appropriate investigations;

- request and obtain in accordance with the prescribed procedure the necessary documents and information on matters within the competence of the Commission, from the federal state authorities, the authorities of subjects of the Russian Federation, and from institutions, organisations and officials;

- co-operate in accordance with the prescribed procedure with the federal state authorities, the authorities of subjects of the Russian Federation, and with organisations and officials with a view to providing assistance and taking decisions on applications filed with the Commission by members of the public.

5. Procedure for forming the Commission

5.1. The Commission shall be established and constituted by its founders at its inaugural meeting. Following approval of the Statute of the Commission, the founders shall become members of the Commission.

5.2. New members shall be admitted at meetings of the Commission on a consensus basis.

5.3. The Commission shall be competent to decide all organisational matters pertaining to the activities of the Commission.

5.4. Responsibility for preparing meetings, making organisational arrangements and providing information and documents shall fall to the administrative section of the Commission, which shall be constituted from the assistants of the Commission members. The activities of the assistants shall be co-ordinated by the competent Secretary of the Commission.

5.5. At the general meeting, the members of the Commission shall select from amongst themselves a Chair of the Commission and shall approve the Secretary of the Commission.

5.6. The Chair and the members of the Commission shall carry out their activities on an unpaid, voluntary basis.

6. Rules of procedure of the Commission

6.1. The Commission shall meet at least once a week. If necessary, extraordinary meetings may be convened.

6.2. At the meetings, matters pertaining to the activities of the Commission shall be discussed and applications and other documents shall be received.

6.3. Attendance by members at the meetings of the Commission shall be compulsory. Members may not delegate their powers to any other persons. In the event that a member of the Commission should be unable to attend a meeting, they may state their opinion on the matters under review in writing.

6.4. The matters raised at meetings of the Commission shall be decided by ballot. Decisions shall be adopted by a simple majority of the votes cast by the members present. All members of the Commission shall have equal rights when discussing and taking decisions on the matters raised at meetings.

6.5. The decisions of the Commission shall be set out in an official record which shall be signed by the Chair of the Commission and the competent secretary.

The record shall contain the following information: the time and place of the meeting, the total number of persons present, the names of the chair and the secretary, the agenda, the main points of the contributions made, any matters put to the vote and the results of the ballot, and details of the decisions taken.

7. The duration of the Commission and the procedure governing its dissolution

7.1. The Commission shall be set up for an indefinite period and may be dissolved by decision of the members of the Commission.

Location of the Commission: Moscow

1        Figures as of 20 June 2000 for applications and complaints received.

      50.7% about missing persons

      4.8% about destruction of property and housing

      8.3% requesting information

      others       21%

      out of which

      6.3% about humanitarian assistance

      3.7% about violations of labour law

      1.42% deprivation of passports

      0.85% restriction of movement

      0.85% eviction from flats

      2.27% abuse and misconduct of federal forces

      3.13% forceful removal from place of permanent residence

135 people were granted amnesty