Doc. 8840

26 September 2000

Conflict in the Chechen Republic: recent developments
(follow-up to Recommendations 1444 (2000) and 1456 (2000) of the Parliamentary Assembly)

Report

Political Affairs Committee

Rapporteur: Lord Judd, United Kingdom, Socialist Group

Summary

Russia’ conduct of its military campaign in the Chechen Republic and the resulting human rights violations have been unacceptable in terms of the Council of Europe’s principles and objectives and should have been condemned by the Committee of Ministers. Nevertheless, the report accepts that there have now been some encouraging developments such as the beginning of work by the human rights bodies put in place by Russia.

The government of the Russian Federation is urged to take prompt and effective measures on the basis of the work of these bodies in order to remedy the violations and the shortcomings reported by them. It should also expedite its search for the political solution to the conflict, investigate all alleged mass killings, limit its law-enforcement operations to the necessary minimum and ensure the freedom of movement for the population as well as for the media. Emergency measures must be taken to improve the living conditions of internally displaced people.

The Chechen fighters are urged to respect human rights and international humanitarian law, stop combat operations and to open dialogue with the Russian authorities.

The Assembly should continue to work with the competent Russian parliamentary bodies in order to ensure full respect for the standards and objectives of the Council of Europe in the Chechen Republic.

I.       Draft resolution

1.       The Assembly recalls its Resolution 1201 (1999) of 4 November 1999, Recommendation 1444 (2000) of 27 January, Recommendation 1456 (2000) of 6 April and Resolution 1221 (2000) of 29 June 2000.

2.       The Assembly takes note of the information collected during the visit by the Assembly’s Ad Hoc Committee to Znamenskoye (Chechnya) on 18 September and to Moscow from 19 to 21 September 2000 and also of the hearing organised by the competent State Duma Committee on 21 September 2000 concerning the revival of the economy and social sphere as well as the respect for human rights and freedoms in the Chechen Republic. It welcomes the constructive spirit of this hearing, its fair and open character as well as the cooperation of the Russian parliamentary delegation in organising the visit to Znamenskoye.

3.       The Assembly reiterates its conviction that Russia’s conduct of its military campaign in the Chechen Republic and the resulting human rights violations have been unacceptable in terms of the Council of Europe’s principles and objectives and that this conduct should have been unequivocally condemned by the Committee of Ministers.

4.       However, the Assembly recognises that history will judge the Assembly not by the number or the vehemence of its repeated condemnations alone, but by its continuing efforts to assist in promoting a solution to the conflict with due respect to human rights.

5.       The Assembly accepts that there have been some encouraging developments such as the beginning of work by the human rights machinery put in place by Russia to deal with the Chechen conflict, e.g. the Office of Mr Kalamanov, the Special Representative of the President of the Russian Federation for human rights in the Chechen Republic, the State Duma Committee on the normalisation of the political and socio-economic situation and the protection of human rights in the Chechen Republic and the National Public Commission on crime investigation and the respect for human rights in the North Caucasus.

6.       The Assembly considers that the work of these bodies has been instrumental in collecting information on the violation of human rights in the Chechen Republic regardless of the identity of its perpetrators and that it is beginning to provide human rights protection in individual cases.

7.       The Assembly also considers that the role of the three Council of Europe experts in the work of Mr Kalamanov’s Office has made a useful contribution and must be sustained.

8.       The Assembly now urges the government of the Russian Federation to take prompt and effective action on the basis of the work of the above-mentioned bodies in order to remedy without further delay the violations and the shortcomings reported by them, and in particular to:

i.       ensure that the Military Prosecutor’s Office undertakes systematic, credible and exhaustive criminal prosecutions of those members of the federal forces implicated in war crimes and other human rights violations;

ii.       stop all illegal practices at checkpoints, in particular harassment and extortion, while actively limiting the number of checkpoints to an absolute minimum;

iii.       stop all illegal and arbitrary arrests and detentions and any physical or mental abuse of those held in detention;

iv.       take immediate action to clarify the fate of all missing persons including public figures like Ruslan Alikhodzhiyev, former Speaker of the Parliament of the Chechen Republic;

v.       restore an effective judiciary in the Chechen Republic;

vi.       accelerate the issue of identity documents;

vii.       provide compensation for the loss and destruction of property during the conflict;

viii.       speed the return of refugees and displaced people to their own homes and in the meantime ensure their full rights, security and dignity inside the Chechen Republic and elsewhere in the Russian Federation including Moscow.

9.       The Assembly also urges the Russian government to:

i.       expedite its search for a political solution to the conflict, including negotiations with both civilian leaders and the Chechen military commanders without pre-conditions;

ii. investigate all alleged mass killings of the civilian population by Russian troops, not least those reported in Alkhan-Yurt (December 1999), Staropromyslovski (January 2000) and Aldi (February 2000), and prosecute the perpetrators of these acts;

iii. limit its law-enforcement operations in the Chechen Republic to what is absolutely necessary for the protection of its forces, local authorities and the population;

iv. ensure freedom of movement of the civilian population in the Chechen Republic;

v. ensure the maximum freedom of movement for the media in the Chechen Republic.

10.       The Assembly urges the Chechen fighters fully to respect human rights and international humanitarian law, to renounce hostage taking, to stop combat operations and to open dialogue with the Russian authorities, including the Administration of the Chechen Republic. The Assembly registers its profound concern at the call by President Maskhadov for the thirteen candidates for election to the Russian Duma to be tried by a Sharia Tribunal; it notes that Pro-Russia Chechens tried by such tribunals have been sentenced to death; it reaffirms its total opposition to the death penalty in all circumstances; it therefore resolves to investigate whether a Sharia Tribunal has been convened and what sentences if any have been carried out.

11.       Recognising the anxieties concerning the international dimensions of the security situation, the Assembly urges the members of the international community not to assist the Chechen combatants in their military activities.

12.       The Assembly remains profoundly concerned about the humanitarian situation of refugees and internally displaced people in Ingushetia and, especially, in the Chechen Republic. While their return home is directly dependent on the improvement of the human rights and housing situation, compensation for the loss and destruction of property and other emergency measures must be taken immediately to ensure adequate winterised accommodation, heating, food, basic medical care and properly resourced education. The Assembly undertakes to closely monitor the situation of refugees and to call on the relevant organisations to provide the necessary financial assistance.

13.       The Parliamentary Assembly calls on the Russian government to grant access to those international humanitarian organisations and NGO’s willing to commence operations in the Chechen Republic where the security of their staff can be ensured; it also calls on member governments of the Council of Europe without delay to provide generous support for the humanitarian rehabilitation and reconstruction of the Chechen Republic.

14.       The Assembly calls on the Committee of Ministers to monitor the action taken by Russia in fulfilling its obligations as a signatory party to the European Convention of Human Rights and in response to the Assembly’s recommendations and resolutions. In particular, the Assembly calls on the Committee of Ministers to closely monitor progress on investigations and prosecutions of those responsible for abuses and urges Member States, in the absence of meaningful progress, to pursue other avenues of accountability including an interstate complaint before the European Court of Human Rights. It also calls on the Secretary General to keep the Assembly regularly and substantially informed on the activities of the Council of Europe’s experts in Mr Kalamanov’s Office.

15.       The Assembly reiterates its determination to work with the competent Russian parliamentary bodies in order to ensure full respect for the standards and objectives of the Council of Europe in the Chechen Republic. The Assembly supports the efforts by the State Duma and the Russian Delegation to the Parliamentary Assembly in bringing peace, democracy, human rights protection and stability to the Chechen Republic.

16.       The Assembly resolves to make the necessary practical arrangements to assess progress at its January 2001 part session; it expresses the hope that by then progress will have proved sufficiently convincing for the Russian delegation to enjoy its full rights.

II.       Draft recommendation

1.       The Assembly refers to its Resolution … (2000) on the conflict in the Chechen Republic : recent developments ….. adopted on ………..

2.       The Assembly recommends to the Committee of Ministers:

i.       to monitor the action taken by Russia in fulfilling its obligations as a signatory party of the European Convention of Human Rights and in response to the Assembly’s recommendations and resolutions;

ii.       to monitor closely progress on investigations and prosecutions of those responsible for abuses;

iii.       to urge member states, in the absence of meaningful progress, to pursue other avenues of accountability including an interstate complaint before the European Court of Human Rights.

III.       Explanatory memorandum by the Rapporteur:

I.       The Assembly’s position

January 2000

1.       In Recommendation 1444 (2000) adopted on 27 January 2000 the Assembly asked the Russian Federation to meet a series of requirements designed to put an end to the conflict and reinstate the rule of law and respect for human rights in Chechnya. The Assembly also decided that if Russia failed to meet these requirements her continued membership of the Council of Europe would inevitably have to be reconsidered.

April 2000

2.       In its Recommendation 1456 (2000) of 6 April, the Parliamentary Assembly recommended that it the absence of immediate, substantial, accelerating and demonstrable progress by Russia in compliance with the Council of Europe’s principles and particularly with the Assembly’s demands, the Committee of Ministers should initiate the procedure for suspension of Russia.

3.       In that text the Assembly asked the Committee of Ministers to report to it in June:

-       either on progress which, in its view, removed the need for action under Article 8 of the Statute or, alternatively, on action taken under that article;

-       on action taken under Article 33 of the European Convention on Human Rights, as called for in paragraph 18 of the Recommendation.

4.       At the same part-session, following the debate on the report dealing with the Russian parliamentary delegation’s credentials, the Assembly decided to ratify the delegation’s credentials, but to suspend its members’ voting rights in the Assembly and its committees. The Russian delegation then withdrew.

June 2000

5.       In Resolution 1221 (2000) adopted on 29 June 2000 the Assembly, having taken note of the reply by the Committee of Ministers of 27 June, considered that “the action so far taken by the Russian Federation still has to produce convincing and tangible results, the Assembly’s recommendations to the Russian Federation must remain fully in force, and, pending, accelerating progress, the Assembly repeats its calls for the Committee of Ministers to keep under review the eligibility of the Russian Federation for continued membership of the Council of Europe”.

II.       Visit to Moscow and Znamenskoye on 18-21 September 2000

6.       In the June Resolution the Assembly instructed its Bureau to establish an Ad Hoc Committee composed of representatives of the political groups and rapporteurs of the competent committees in order to monitor the follow-up to Recommendations 1444 and 1456 (2000) and to report back to it and to the competent committees on progress or the lack of it.

7.       The Assembly asked the Bureau to ensure the participation of this Ad Hoc Committee in the parliamentary hearing on the revival of the economy, social sphere and respect for human rights and freedoms of citizens in the Chechen Republic to be organised by the State Duma on 21 September 2000.

8.       The Bureau, at its meeting of 30 June 2000, also expressed the hope that the Ad Hoc Committee would meet members of the Russian parliamentary delegation, representatives of the Ministries of Foreign Affairs, Justice and the Interior, as well as of the Prosecutor General’s Office and of other bodies dealing with human rights violations in Chechnya. Further, the Bureau stipulated that the delegation should also visit Znamenskoye in Chechnya (50 kilometres northwest of Grozny) in order to meet with the staff of Mr Kalamanov’s Office and the three Council of Europe experts who are currently working there.

9.       The list of the Ad Hoc Committee members, indicating those who travelled to the Chechen Republic (see below), is in appendix 2. Mr Surjan, Vice-President of the Assembly, is its Chairman.

10.       For technical reasons, in particular the limited number of helicopter places, only part of the delegation was able to visit Znamenskoye on 18 September. The meetings in Moscow took place on 19 and 20 September and the hearing on 21 September (programme of the visit in appendix 1)

11.       In Znamenskoye, the delegation met Mr Kalamanov, Mr Kadyrov, Head of the Administration of the Chechen Republic, as well as General Babitchev, Military Commander of the Chechen Republic, and General Baranov, Chief of the Armed Forces in the Chechen Republic. The delegation visited a local police station where we talked with two detainees, and a camp for internally displaced people. It also met with local Chechen traditional leaders.

12.       In Moscow, the delegation met with Mr Avdeev, First Deputy Minister for Foreign Affairs, Mr Chaika, Minister of Justice, and Mr Oustinov, General Prosecutor. It also participated in a meeting with representatives of the Supreme Court and Mr Krasheninnikov, Chairman of the National Public Commission on the Inquiry of Human Rights Violations and Respect for Human Rights in the North Caucasus.

13.       The Parliamentary hearing was organised by the State Duma’s Committee on normalisation of the political, social and economic situation and on the protection of human rights in the Chechen Republic, chaired by Mr. Tkachev, also Chairman of the Duma’s Committee for Nationality Questions. Representatives of government and armed forces were invited to this hearing to inform parliamentarians about the action for which they were responsible in the Chechen Republic. Mr Ranieri, State Secretary for Foreign Affairs of Italy, representing the Chairman in Office of the Council of Europe, took the floor, as well as Mr Schwimmer, Secretary General. I made a statement on behalf of the delegation in which I focused on issues of particular concern to the Assembly.

14.        After the visit, on 25 September, Mr Surjan and I reported to the Assembly’s Bureau on this visit (Mr Surjan’s statement is in Appendix 3).

III.       Main developments concerning the conflict in the Chechen Republic

15.       On 31 May 2000 the Russian Minister of Defence announced that the military phase of the “anti-terrorist operation” in the Chechen Republic had been completed and that activities would henceforth be limited to tracing and attacking scattered “terrorist” bases. The Russian forces now control a large part of the Chechen Republic’s territory and its towns. However, the Chechen fighters are continuing their guerrilla attacks on both military and civilian targets. The suffering and loss of life persist on both sides. The Chechen fighters are still holding hostages.

16.       To administer the Chechen Republic President Putin adopted, on 8 June 2000, a decree on “organisation of the provisional system of the organs of executive power in the Chechen Republic”. In that decree he assumed responsibility for maintaining the legal system, protecting human rights and freedoms and restoring the economy and social sector. The decree will remain in force until the corresponding federal law has been adopted. This law has already been submitted to Parliament as a bill by the President. On 12 June 2000 President Putin appointed Mufti Akmad Kadyrov as Head of the Administration of the Chechen Republic. Statements by the Russian authorities indicate that this provisional system may remain in place for 2-3 years.

17.       At the Council of Europe Committee of Ministers’ 106th meeting in Strasbourg on 11 May, the Russian Minister of Foreign Affairs said that Russia was prepared to engage in political dialogue and negotiation with those who were determined to renounce terrorism and violence for the purpose of finding a peaceful solution to the crisis, which would fully respect the territorial integrity and Constitution of the Federation of Russia. He declared that launching intra-Chechen “dialogue” was the federal authorities’ priority.

18.       On 20 August 2000 limited parliamentary elections took place in Chechnya to elect a representative to the State Duma. From 13 candidates Mr Aslambek Aslakhanov, retired General-Lieutenant of the Ministry of the Interior, won the election with 30,3 % of the vote. President Maskhadov declared the vote anti-constitutional, the candidates “outlaw” and called for them to be tried by the Sharia tribunal.

19.       During the meeting with the delegation, Mr Kadyrov said that he was negotiating with some Chechen commanders to give up their arms in exchange for an amnesty. According to him, six of them have recently done so. Nevertheless, he made a clear distinction between “bandits” who, he argued, could either give up and face criminal proceedings or continue fighting and die, and Chechen “fighters”, who were misled by the “bandits”, did not commit serious crimes and could be pardoned. Any negotiations with the “bandits” were out of the question. This, he emphasised, was the official government position.

IV.       Action taken by the Russian Federation to put human rights machinery in place

20.       On 13 April President Putin declared that “all the violations and exactions committed during the anti-terrorist operation in the North Caucasus region of the Federation of Russia” were being thoroughly investigated, regardless of their authors, and promised that, if the facts were proved, the culprits would be punished “with the full rigor of the law”.

21.       The State Duma adopted a similar stance in its declaration of 12 April on “the position of the Parliamentary Assembly of the Council of Europe concerning the situation in the Chechen Republic”.

22.       The Russian authorities have announced that crimes allegedly committed by Russian servicemen on the territory of the Chechen Republic are now being investigated. The State Duma also declared that it intended to follow the investigation of crimes committed in the Chechen Republic.

23.       In February 2000 Mr Kalamanov was appointed as the Russian President’s special representative for human rights in the Chechen Republic and his Office started its work in Chechnya (Znamenskoye). Three Council of Europe experts have been working there since June 2000 (see also next section).

24.       A national public commission was established in April to enquire into crimes and ensure respect for human rights in the Northern Caucasus. This Commission is chaired by Mr Krasheninnikov, Chairman of the State Duma’s Committee on Legislation. According to the Russian authorities the Commission is independent and operates in accordance with internationally recognised standards.

25.       The State Duma’s Committee on normalisation of the political, social and economic situation and on the protection of human rights in the Chechen Republic, which is chaired by Mr Tkachev, Chairman of the Duma’s Committee for Nationality Questions, has started work. Its 16 members are divided into five working groups.

26.       The Russian Minister of Justice is setting up a programme to ensure the presence of lawyers in the Chechen Republic - particularly to work in the detention centres.

27.       However, in its June Resolution the Assembly declared that these institutions had yet to produce substantial results.

28.       In the light of the September visit, it seems clear that the human rights machinery has begun its work. In particular, the work of Mr Kalamanov’s Office is instrumental in collecting information on human rights violations in the Chechen Republic regardless of the identity of the perpetrators. The Office has already received 8 000 complaints, of which 4 500 were registered and are being dealt with. The Office has also established a list of missing persons (more than 400 up to now and increasing). 11 field offices have been established throughout the Chechen Republic and it seems that the confidence of the population towards the Office may be increasing. The Office is intervening in those cases of arbitrary detention of which it has been informed (250 persons have been released following the Office’s intervention) and helps obtain identity documents for the local population. The contribution of the three Council of Europe experts to the work of the Office has been significant.

29.       Nevertheless, the main concern must now be that as yet very little follow-up action to the registered complaints has been initiated by the Russian authorities. I have formulated in the draft resolution a series of measures which in my view are urgently necessary.

V.       Action taken by the Committee of Ministers

30.       The final communiqué of the Committee of Ministers’ 106th meeting on 11 May 2000 refers at some length to the situation in the Chechen Republic. In a statement adopted at its meeting on 16 May 2000 the Parliamentary Assembly’s Standing Committee expressed its acute disappointment and disagreement with the communiqué’s conclusions regarding the Chechen conflict.

31.       The Committee of Ministers adopted a reply to Recommendation 1456 (2000) on Monday 26 June 2000. During the June part-session the Assembly took note of this reply recalling the action taken in connection with Recommendation 1456 (2000), but considered it to be totally unacceptable that the Committee of Ministers had neither denounced the Russian Federation’s conduct of its military campaign in the Chechen Republic and the resulting human rights violations, nor seriously considered the implications for Russian membership of the Council of Europe.

32.       The Council of Europe’s three staff experts - Eva Hubalkova, Peter Iiskola and Edo Korljan - started work in Mr. Kalamanov’s Office in June. The Council is thus the first international organisation to establish a permanent presence in the Chechen Republic since the start of the present conflict. Their task is to help the staff of the Office to collect and process information on alleged human rights violations and send it to the Russian authorities concerned.

33.       In this connection, it is vital that the Parliamentary Assembly be given full and regular information on the three experts’ reports. These reports will have a crucial bearing on the decision as to whether Russia is honouring its obligations as a member state.

34.       On 1 September the Secretary General prepared an interim report on the presence of Council of Europe’s experts in the Office of Mr Kalamanov and presented it to the Political Affairs Committee during its Prague meeting on 4-5 September 2000. (SG/Inf (2000) 27 rev.).

35.       The Secretary General has also asked a team of experts on international human rights law to analyse the Russian Government’s replies concerning implementation of the European Convention on Human Rights in the Chechen Republic (procedure under Article 52 of the Convention). This analysis is now available and has been reproduced as SG/Inf (2000) 24 and addendum. In the experts’ opinion, “the replies given were not adequate and […] the Russian Federation has failed in its legal obligations as a Contracting State under Article 52 of the Convention”. As a consequence, the Secretary General seized the Committee of Ministers of this matter (see Doc. 8821).

VI.       Relations with the Russian Parliament

36.       In response to the adoption of Recommendation 1456 and suspension of the Russian parliamentary delegation’s voting rights the State Duma adopted a declaration “on the position of the Parliamentary Assembly concerning the situation in the Chechen Republic”. In that declaration, the Duma deeply regrets the position adopted by the Assembly, which it considers unjust and unfounded. It states that full-scale co-operation can resume only if the Assembly reverses its “discriminatory” decision.

37.       Since then the position of principle of the Russian parliamentary delegation has been not to participate in the work of the Assembly and its committees until the voting rights are restored. This attitude runs counter to the Assembly’s request to the Duma, in Recommendation 1456, to engage in broader dialogue with the Parliamentary Assembly. It also robs Russian parliamentarians of the opportunity to persuade the Assembly’s members that they wish to help resolve the conflict in a manner consistent with the Council’s principles.

38.       Nevertheless, Mr. Seleznev, President of the Duma, attended the Conference of Presidents of European Parliamentary Assemblies in Strasbourg on 5-6 May, and met with the President of the Assembly.

39.       Before the June Assembly’s part–session Mr. Rogozin wrote to the President of the Assembly informing him of the Duma’s recent activities concerning the Chechen Republic. He also asked him to circulate, as an Assembly document, a letter of 24 June 2000 from the Russian Foreign Minister to the Chairman-in-Office of the Committee of Ministers and the Secretary General as well as specific information on “certain measures taken by the Russian federal authorities to normalise the political, human rights and socio-economic situation in the Chechen Republic of the Federation of Russia”. They were reproduced as an Assembly Document 8777.

40.       In the June Resolution, the Assembly expressed:

-       its readiness to co-operate with the competent Russian parliamentary bodies in order to ensure the full respect of the Council of Europe’s standards in the Chechen Republic;

-       its wish that the Russian Federal Assembly will actively and substantially use its influence to improve the human rights situation in the Chechen republic and that, as a consequence, the voting rights of the Russian parliamentary delegation could be restored.

41.       Some individual members of the Russian delegation participated in the June part-session in a “personal capacity”, and the Russian delegation sent one of its members as an observer. In September some delegation members participated in the meetings of several committees, including the meeting of the Political Affairs Committees held in Prague on 4-5 September 2000.

42.       I welcomed the invitation for the Assembly to attend the State Duma hearing in Moscow on 21 September. I would also like to thank the State Duma and in particular Mr Rogozin, Chairman of the Russian delegation, for the assistance provided in organising the visit in Znamenskoye and Moscow from 18 to 20 September.

43.       At the hearing it was very encouraging to note that most of the criticisms voiced by the members of our delegation during the meetings with government representatives regarding the action by those for whom they are responsible in the Chechen Republic was also expressed, sometimes powerfully, by the Russian parliamentarians. The keynote speaker, Mr Tkatchev, was particularly open in this respect, as were Mr Kadyrov and Mr Aslakhanov.

44.       The hearing turned out to be a useful and indeed impressive initiative, indicating that at least some of the State Duma deputies share our concern regarding the acceptability and effectiveness of the action by Russian authorities in the Chechen Republic. I strongly believe that we have to encourage the Russian Parliament to pursue its own efforts to improve the human rights and humanitarian situation in Chechnya.

45.       We were told that the Duma Commission would draft a recommendation based on this hearing and address it to the government.

VII.       Conclusions

46.       I reiterate my conviction that Russia’s conduct of its military campaign in the Chechen Republic and the resulting human rights violations have been unacceptable in terms of the Council of Europe’s principles and objectives and that this conduct should have been unequivocally condemned by the Committee of Ministers.

47.       However, history will judge the Assembly not by the number or the vehemence of its repeated condemnations, but by its continuing efforts to assist in promoting a solution to the conflict.

48.       It should be accepted that there have been some encouraging developments such as the activation of the human rights machinery put in place by Russia to deal with the Chechen conflict. The action by these bodies has been instrumental in collecting information on the violation of human rights in the Chechen Republic regardless of the identity of its perpetrators and is beginning to provide human rights protection in individual cases.

49.       Our priority now must be to urge the government of the Russian Federation to take prompt and effective action on the basis of the work of the above-mentioned bodies in order to remedy the violations and the shortcomings reported by them. In particular, the alleged killings must be investigated and their perpetrators punished.

50.       We must continue to urge the Russian government to expedite its search for a political solution to the conflict, including negotiations with the Chechen military commanders.

51.       I am profoundly concerned about the humanitarian situation of refugees and internally displaced people in Ingushetia and, especially, in the Chechen Republic. Immediate action must be taken to improve their living conditions and to facilitate their return home. Member States of the Council of Europe should provide generous support for the humanitarian rehabilitation of the war-ravaged Republic.

52.       Russia plays a vital role in the conduct of European and the world affairs. History will certainly scrutinise the last ten years to determine whether we did everything we could to work with Russia, or whether we gave way to the temptation of marginalizing her. But co-operation depends on give-and-take. Plain speaking is essential. The Council of Europe’s principal mission is to defend human rights. Being a member of the Council means demonstrating at all times, whatever the provocation, an unwavering determination to fulfil that mission.

A P P E N D I X I

Ad Hoc Committee on the follow-up to Recommendation 1444 and 1456 (2000)

and Resolution 1221 (2000)

PROGRAMME

of the visit to Znamenskoye and Moscow

from 18 to 21 September 2000

Monday 18 September 2000

Tuesday 19 September 2000

8.50 Departure for Moscow

15.00       Meeting with Mr Rogozin, Head of the Russian delegation to the PACE

17.00       Meeting with the representatives of the Supreme Court

18.30       Meeting with Human Rights NGOs

20.00       Meeting of the Ad Hoc Committee

Wednesday 20 September 2000

09.30       Meeting with Mr Pavel KRASHENINNIKOV, Chairman of the National Public Commission on Inquiry of Rights Violation and Respect of Human Rights in the North Caucasus

11.00       Meeting with Mr Alexander AVDEYEV, First Deputy Minister of Foreign Affairs of the Russian Federation

13.00       Meeting with Mr Yury CHAIKA, Minister of Justice of the Russian Federation

15.00       Meeting with Mr Vladimir OUSTINOV, Prosecutor General of the Russian Federation

18.00       Informal meeting with the Secretary General of the Council of Europe

Thursday 21 September 2000

10.00 – 16 h 30       Parliamentary Hearing of the State Duma: “State of the Organisation of Work of Revival of Economy, Social Sphere, Observation of Human Rights and Freedoms in the Chechen Republic”

19.00       Reception hosted by Mr Dmitry ROGOZIN, Chairman of the delegation of the Federal Assembly of the Russian Federation to the Council of Europe Parliamentary Assembly

A P P E N D I X II

Ad Hoc Committee on the follow-up to Recommendation 1444 and 1456 (2000) and Resolution 1221 (2000)

LIST OF MEMBERS

of the delegation to visit Znamenskoye and Moscow

from 18 to 21 September 2000

Mr Laszlo SURJAN (Hungary, EPP/CD)

(Vice-President of the Assembly, Chairman of the delegation)

Lord JUDD (United-Kingdom, SOC) *

Mr Rudolf BINDIG (Germany, SOC) *

Mr Tadeusz IWINSKI (Poland, SOC)

Mr Andreas GROSS (Switzerland, SOC)

Mr Ivan IVANOV (Bulgaria, EPP/CD) *

Mr Guillermo MARTINEZ CASAN (Spain, EPP/CD)

Mr Gustavo ARISTEGUI (Spain, EPP/CD)

Mrs Kristiina OJULAND (Estonia, LDR)

Mr Juris SINKA (Latvia, EDG)

Mrs Lara Margret RAGNARSDOTTIR (Iceland, EDG) *

Mr Jaakko LAAKSO (Finland, UEL)

Mr Doros CHRISTODOULIDES (Cyprus, UEL) *

Secretariat:

Mr Mateo SORINAS, Head of the Political and Legal Affairs Department

Mr Petr SICH, Co-Secretary of the Political Affairs Committee

Mrs Tanja KLEINSORGE, Co-Secretary of the Committee on Legal Affairs and Human Rights

interpreters:

Mr Vladmir DASHKO

___________________________________

(*) Members going to Znamenskoye and Moscow

Socialist Group (SOC)

Group of the European People’s Party (EPP/CD)

Liberal, Democratic and Reformers’ Group (LDR)

European Democratic Group (EDG)

Group of the Unified European Left (UEL)

A P P E N D I X III

Ad hoc Committee to monitor the follow up

to Recommendations 1444 and 1456 (2000)

(meetings in Moscow 20-21 September 2000)

Statement by Mr Surjan

at the meeting of the Bureau of the Assembly

Background

In Resolution (1221) 2000 adopted on 29 June, the Assembly instructed its Bureau to establish an Ad Hoc Committee composed of representatives of the political groups and rapporteurs of the competent committees in order to monitor the follow-up to Recommendations 1444 and 1456 (2000) and to report back to it and to the competent committees on progress or the lack of it.

The Assembly asked the Bureau to ensure the participation of this Ad Hoc Committee in the parliamentary hearing on the revival of the economy, social sphere and respect for human rights and freedoms of citizens in the Chechen Republic to be organised by the State Duma on 21 September 2000.

The Bureau, at its meeting of 30 June 2000, also expressed the hope that the Ad Hoc Committee would meet members of the Russian parliamentary delegation, representatives of the Ministries of Foreign Affairs, Justice and the Interior, as well as of the Prosecutor General’s Office and of other bodies dealing with alleged human rights violations in Chechnya. Further, the Bureau expressed the wish that the delegation also visit Znamenskoye in Chechnya (50 kilometres northwest of Grozny) in order to meet with the staff of Mr Kalamanov’s Office and the three Council of Europe’s experts who are currently working there.

The list of the Ad Hoc Committee members is in the press release in your file.

For technical reasons, in particular the limited number of places in helicopters, only a part of the delegation (Lord Judd, Mrs Ragnasdottir, MM. Bindig, Christodoulides and Ivanov) visited Znamenskoye on 18 September. The meetings in Moscow took place on 19 and 20 September and the hearing on 21 September. The programme of the visit is in your file.

Lord Judd will inform the Bureau later on of the visit to Znamenskoye and I shall concentrate on a brief assessment of the meetings in Moscow.

Meetings in Moscow

The information provided by Mr Krasheninnikov, Chairman of the National Public Commission on Inquiry of Rights Violation and Respect of Human Rights in the North Caucasus (which in fact has a status similar to that of an NGO) and by the Russian NGOs allowed us to better understand the evolution of the situation in Chechnya. Although some progress has been registered on the living conditions of the population (electricity supply, education, health assistance …) the situation remains extremely precarious, in particular in the camps of displaced persons. Moreover, the civilian population continues to suffer from illegal practices of the Russian troops.

The functioning of Mr Kalamanov’s office allows the Chechen population to present their cases, which namely concern missing persons/disappearances, mass graves, detention centres (including secret prisons), torture, the functioning of checkpoints, freedom of movement, freedom of the press …. It is particularly worrying that very little follow-up is given by the Russian authorities to the complaints collected by Mr Kalamanov.

The judiciary does not function in Chechnya. The Office of the General Prosecutor does not seem very active in prosecuting the perpetrators of alleged crimes committed in Chechnya by servicemen.

The harassment suffered by the Chechens living in Moscow was also mentioned.

We raised all these issues with Mr Avdeyev, First Deputy Minister of Foreign Affairs of the Russian Federation, Mr Chaika, Minister of Justice and Vladimir Oustinov, General Prosecutor. Their replies to our questions were rather disappointing. For instance, we were told that during the year 2000, only 16 crimes committed by servicemen against the civilian population were investigated. It was also very worrying to see that the representatives of the Russian administration we met had a tendency to reject the responsibility for what was happening in Chechnya to other administrations, in particular the Minister of Interior in charge of law enforcement operations.

At this point, I should add that the meeting foreseen with the Minister of Interior was cancelled at the last moment. According to the information we received, Mr Rushailo had to leave Moscow for Chechnya, accompanied by all his deputies.

Parliamentary hearing

During the hearing held on 21 September, it was very encouraging to note that most of the criticism voiced by the members of our delegation during the meetings with the administration was also expressed by Russian parliamentarians. The keynote speaker, Mr Tkachev, Chairman of the Commission of the State Duma of the Federal Assembly of the Russian Federation on the promotion of normalisation of social, political and economic situation and human rights and freedoms observation in the Chechen Republic, was particularly critical. He pointed out that the Russian forces did not differentiate the Chechen civilian population from the terrorists. Criticism was also expressed by the newly elected MP for the Chechen Republic, Mr Akhmadovitch and by Mr Kadyrov, Head of the administration of the Chechen Republic.

Mr Ranieri, Secretary of State for Foreign Affairs of Italy and representing the Chairman-in-office of the Committee of Ministers, Mr Schwimmer, Secretary General and Lord Judd had the opportunity to take the floor during the hearing.

As it happened the previous day, the answers of the representatives of the administration were clearly insufficient.

At the end of the hearing, we were informed that the Duma’s commission will draft a recommendation to be addressed to the Government. Our Assembly will receive a copy of this text.

Conclusions

Finally, allow me to present briefly my personal conclusions on our visit to Moscow:

- general living conditions in Chechnya seem to have slightly improved in the territories under Russian control ; however, the situation of human rights remain very worrying (checkpoints, arbitrary detention …) ; there are developments but still no way through;

-       providing humanitarian assistance to refugees and displaced persons before the next winter is absolutely necessary to avoid a tragedy; Russian authorities should be pressed to assist them; humanitarian organisations should be allowed to provide assistance directly to these persons;

-       the functioning of Mr Kalamanov’s office offers the Chechen population the possibility to register their complaints but the question of the follow-up given to them remains unsolved ; this is particularly worrying in the cases related with massacres, rapes, looting, torture ……. ;

-       it was my impression that the hearing organised by the State Duma was an excellent initiative which proved that our concerns are at least shared by some Russian parliamentarians ;

-       we can only expect that these parliamentarians will continue to exert pressure on the Russian government in order to find a political solution to the conflict which, in my opinion, should come through a dialogue with Chechen representatives ;

-       among the members of the delegation, the issue of the voting rights of the Russian delegation was discussed in detail; there was consensus to consider that a decision on this matter should not be taken before the opening of the January 2001 part-session.

Reporting Committee : Political Affairs Committee

Reference to Committee : Ref 2470, Res. 1201 (1999), Res. 1221 (2000), Rec. 1444 and 1456 (2000)

Budgetary implications for the Assembly : none

Draft Resolution and draft Recommendation unanimously adopted by the Committee on 26 September 2000

Members of the Committee : Mr Davis (Chairman), Mrs Ojuland (Vice-Chairperson), Mr Toshev (Vice-Chairman), MM Arzilli, Atkinson, Mrs Bakoyianni, MM Bársony, Behrendt (alternate : Mr Hornhues), Bergqvist, Björck, Blaauw, Bühler, Clerfayt, Daly, Demetriou, Derycke, Dokle, Dreyfus-Schmidt, Mrs Durrieu, Mr Evangelisti, Mrs Feric-Vac, Mr Frey, Mrs Fyfe, MM. Gjellerod, Glesener, Gligoroski, Gross, Gül, Iwinski, Mrs Kautto, MM Kirilov, Kotsonis, Krzaklewski (alternate :Mr Adamczyk), Kuzmickas, Lupu, Martinez Casan (alternate : Mr Puche), Medeiros Ferreira, Meier, Mota Amaral, Mutman, Nedelciuc, Mrs Nemkova, MM. Neuwirth (alternate : Mr Lemoine), Oliynyk, Pahor, Palmitjavila Ribo, Prusak, de Puig, Mrs Ragnarsdottir, MM Rogozin, Saakashvili, Schieder, Schloten, Selva (alternate : Mr Turini), Sinka, Spindelegger, Mrs Squarcialupi, Mrs Stanoiu, Mrs Stepová, MM Surjan, Thoresen, Timmermans, Vella, Weiss, Zuiganov, N…….. (alternate: Mr Manchulenko).

N.B. The names of the members who took part in the meeting are printed in italics

Secretaries of the Committee : Mr Perin, Mrs Ruotanen, Mr Sich, Mrs Hügel