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.
http://www.fidh.org/communiq/2002/tch0705f.htm
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.
Contact : Antoine Madelin : (00 41) 79 33 124 50