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Paris
- Geneva, May 22 2002
The United
Nations Committee Against Torture (CAT) adopted, on May 16 2002,
its conclusions on the situation of torture in the Russian Federation,
highlighting the situation in Chechnya, where "severe violations
of human rights and the Convention against Torture" are
reported, "including arbitrary detention, torture and ill
treatment, including forced confessions, extrajudicial killings,
and forced disappearances, particularly during "special
operations" or "sweeps", and the creation of
illegal temporary centres of detention, including "filtration
camps"."
It added
"allegations of brutal sexual violence are unusually common",
and noted that "armed units which are reported to be very
brutal towards civilians have been sent again to the conflict
area."
The Committee
further highlighted the various aspects of the organised system
of impunity, which are described in the FIDH report of April
2002 http://www.fidh.org/europ/rapport/2002/che328a.pdf , criticizing
"the dual system of jurisdiction in Chechnya, involving
both military and civilian prosecutors and courts, which leads
to long and unacceptable delays in registering cases, resulting
in a cyclical process whereby case information and the responsibility
to open investigations continues to be passed from one official
to another and back, without resulting in the initiation of
prosecutions", denouncing the "insufficient independence
of military courts, prosecutors and judges, with the result
that few cases are registered to prosecute officials alleged
to be responsible for the abuses", and concluding on the
"impossibility" for the civil prosecutor to carry
out investigations on military sites.
It recognised
that none of the mechanisms set up by the Russian authorities
were given independent and impartial attributes, and therefore
called for action: "While a number of mechanisms have been
put in place in Chechnya in connection with allegations of human
rights violations, none has possessed the attributes associated
with an independent impartial investigating body. Accordingly
the Committee reiterates its 1996 conclusion calling upon the
government of the State party to establish a credible impartial
and "independent committee to investigate allegations of
breaches of the Convention by the military forces of the Russian
Federation and Chechen separatists, with a view to bringing
to justice those against whom there is evidence that establishes
their involvement or complicity in such acts."
On the overall
situation in Russia, the Committee condemned the "numerous
and consistent allegations of widespread torture" against
detainees, the "widespread hazing" in the military,
as well as torture in the armed forces "conducted by or
with the consent or approval of officers". It further deplored
the "persistent pattern of impunity" for those crimes,
which are, it concluded, " benefiting both civil and military
officials."
The FIDH
welcomes with satisfaction the conclusions of the Committee,
which reflect concerns
expressed by the FIDH together with two Russian partner NGOs,
the Human Rights Centre Memorial and the Committee of the Soldiers'
Mothers of St Petersburg.
These conclusions
intervene after the unprecedented rejection by two votes at
the 58th session of the Commission on Human Rights of a resolution
condemning Human rights violations in Chechnya, translating
into the signing of a blank cheque for the authors of crimes
against humanity. Furthermore, neither the European Union, nor
the Council of Europe had been so accurate in their description
and condemnation of the situation. http://www.fidh.org/communiq/2002/tch1904f.htm
The FIDH
calls on the Russian authorities to ensure an effective and
prompt implementation of the CAT recommendations.
At the eve
of President Bush's arrival in the Russian Federation, the FIDH
calls on him to take immediate notice of these important recommendations
and highlight them during his meetings with President Putin.
La FIDH
recalls vigorously to both presidents that the legitimate struggle
against terrorism should not be used the way it obviously is
in Chechnya: as a pretext for perpetrating and legitimising
systematic human rights violations.
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