Paris-Geneva, July 18, 2013
Re: Extrajudicial killings of Messrs. Akhmednabi Akhmednabiev and Magomed Guchuchaliev in Dagestan, Russian Federation
Dear Special Rapporteurs,
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), expresses its deepest concern about the assassination of a journalist and a lawyer, which occurred within three days in the region of Makhachkala, the capital of the Russian province of Dagestan, and which seem to be related to their human rights activities and aimed at silencing their work in the country.
Facts:
On July 9, 2013, at around 7 a.m. local time, Mr. Akhmednabi Akhmednabiev, Deputy Editor of the daily local newspaper Novoe Delo and a correspondent for the Caucasian Knot, an important news platform in the North and South Caucasus, was shot dead by unknown individuals. The killing took place near his house in Semender, a village close to Makhachkala. It is highly probable that the journalist was murdered in relation to his professional activity. Mr. Akhmednabiev was indeed investigating sensitive issues and had often openly criticised local politicians for embezzlement and local military and police officials for human rights abuses committed during anti-terrorist operations.
Three days later, on July 12, 2013, lawyer Magomed Guchuchaliev, Chairman of the law firm “Kavkaz”, known for defending persons accused of “belonging to illegal armed forces”, was shot dead by two unknown individuals close to his home in the outskirts of Makhachkala.
Inaction of the authorities over previous threats, murder attempts and assassinations:
No proper investigation into previous death threats and murder attempt against Mr. Akhmednabiev since 2009
Mr. Akhmednabiev had received threatening messages in the past, and had already escaped an assassination attempt on January 11, 2013, when unknown assailants had fired on his car. At that time, the police had started an investigation only for "deliberate destruction or damage of property" (Article 167 of the Criminal Code) and "illegal acquisition, transfer, sale, storage, transportation or carrying of weapons" (Article 222), but not “preparation of a crime and crime attempt” (Article 30), “murder attempt” (Article 105) and “hindrances to the legitimate and professional work of a journalist” (Article 144). On February 1, 2013, Mr. Akhmednabiev’s lawyer had requested the Kirov District Attorney to initiate proceedings pursuant to Articles 105 and 144, but the Prosecutor had rejected the request. Mr. Akhmednabiev’s had then appealed this refusal at the level of the District Court, which had admitted the complaint on February 15, 2013. However, the District Attorney had again appealed against the decision, and proceedings continued until July 4, 2013, four days before the killing, when Mr. Akhmednabiev received a response from the District Attorney (dated June 28) concerning another complaint filed on June 10 to denounce the fact that no case had ever been opened under the above-mentioned Articles. As in his response, the District Attorney alleged that he had committed no irregularity. Mr. Akhmednabiev’s lawyer appealed that response to the Supreme Court, where the case is now pending.
Mr. Akhmadnabiev’s lawyer had also referred the January attack and other threats against his client to the Investigation Committee (a State body which can also initiate criminal proceedings), most recently on June 10, to complain about the inaction of the police in front of the death threats previously received by his client through SMS.On June 25, 2013, the Committee however rejected the referral of the lawyer, and the appeal against this refusal was scheduled to take place on July 9, 2013, the day of the killing.
On the day of the killing, the District Attorney of Dagestan announced that he had taken the case of Mr. Akhmadnabiev “under [his] personal control” and ordered his administration to examine the case related to the January-11 attack, so as to make sure that all the proceedings were regular.
Previously, in 2009, the name of Mr. Akhmednabiev had appeared on a “hit list”, anonymously disseminated throughout the region. The names of 17 other human rights defenders, journalists and activists were also on that list.
According to the information received, inspectors are currently exploring several scenarios that might have led to the killing. It is however highly probable that the journalist was murdered in relation to his professional activity. Mr. Akhmednabiev was indeed investigating sensitive issues and had often openly criticised local politicians for embezzlement and local military and police officials for human rights abuses committed during anti-terrorist operations. Mr. Akhmednabi Akhmednabiev is the 17th journalist who died in suspicious circumstances since 1993 in Dagestan.
No proper investigation into previous killings and previous death threats against Mr. Guchuchaliev and his colleagues over the past years
Over the past years, members of “Kavkaz”, the law firm of Mr. Guchuchaliev, have been threatened for their professional activities and harassed by the authorities. On November 19, 2008, Mr. Konstantin Mudunov, a colleague of Mr. Magomed Guchuchaliev, had survived an assassination attempt. On January 20, 2012, another colleague of Mr. Magomed Guchuchaliev, lawyer Omar Saidmagomedov, was killed with his cousin in a street of Makhachkala by two masked individuals in an armoured car who approached them and opened fire. Security officers with shields then reportedly got off the vehicle and shot again at one of them. However, the authorities alleged that the killing was perpetrated by “two members of an armed group”. The law firm is known for defending persons accused of “belonging to illegal armed forces”, and many of the lawyers’ names have been on the above-mentioned “hit list”. In spite of strong allegations that lawyer Saidmagomedov was targeted in connection with his work and extrajudicially executed, such allegations have never been effectively investigated. In addition, a parallel investigation was requested by Mr. Omar Saidmagomedov’s colleagues to ensure that the authorities impartially investigate his death, but this led instead to themselves being harassed by investigation officials who notably carried out a search in the apartment of Mr. Guchuchaliev.
The Observatory firmly denounces the extrajudicial killings of Messrs. Akhmednabiev and Guchuchaliev, which seem to be related to their human rights activities and aimed at silencing their work in the country.
The Observatory is also strongly concerned by the context of impunity in which these crimes have occurred.
In light of the absence of any proper enquiry into the past events, we hope you will be able to urge the Russian authorities to carry out a prompt, thorough, impartial and transparent investigation into this killing, so as to identify all those responsible, bring them before a competent and impartial tribunal and apply to them the sanctions provided by the law, as well as to guarantee in all circumstances the physical and psychological integrity of human rights defenders in the Russian Federation.
In the hope that you will take all these elements into account, we remain at your disposal for any further information.
Yours sincerely,
Karim Lahidji
President of FIDH
Gerald Staberock
Secretary General of OMCT