Terrorizing Civilians as a ‘Counter‐terrorist Operation’: Crimes and Impunity in Chechnya

Abstract

This article addresses the problems arising from the impunity for war crimes and crimes against humanity in Chechnya. ¹ International criminal jurisdiction over such crimes is impossible with Russia's veto in the United Nations Security Council and non‐membership in the International Criminal Court. The victims may approach Russian prosecutors and courts, and if they cannot get remedies, they may apply to the European Court of Human Rights, which recently has found repeated and serious violations and ordered Russia to pay compensation. However, these are of little relief: they come in a limited number of cases, usually many years after the crimes and do not ensue in individual accountability. The continuing impunity creates a cycle of revenge and maintains high conflict potential in Chechnya. It also spreads criminality all over Russia; the military and police, after serving in Chechnya, bring the ‘impunity syndrome’ home with them.

Notes

[1] All opinions expressed in the article are personal and do not engage any institutions.

[2] The UN Commission on Human Rights in 2002, 2003 and 2004 rejected EU‐sponsored draft resolutions on the human rights situation in Chechnya. Had such resolutions been adopted, the Commission would have urged Russia to take all necessary steps to prevent violations of human rights and to ensure that violations are investigated and promptly sanctioned. From 2005, the EU stopped placing such draft resolutions. The last one was successfully adopted on 20 April 2001 (see its text at http://www.unhchr.ch/huricane/huricane.nsf/view01/9264BBAA8CD8A618C1256A38002743AE?opendocument).

[3] For documents from the last summit on 17–18 May 2007 in Samara, Russia, see http://ec.europa.eu/external_relations/russia/summit_05_07/index.htm. A full list of previous summits is available online at: http://ec.europa.eu/external_relations/russia/intro/summit.htm.

[4] Foreign journalists and humanitarian workers were not spared (even if they were, ironically, the greatest sympathizers for Chechen independence); ransoms were usually expected to be paid for them. Most notably, the beheading of four employees of British Granger Telecom in 1998 put an end to possibilities of outside investment.

[5] Some claimed this was orchestrated by Moscow, but no grounds were found for such a conspiracy. Chechen leaders, including former President Maskhadov, admitted that they approved the raids in Dagestan.

[6] Condemned by Security Council Resolution 1440 on 24 October 2002.

[7] Condemned by Security Council Presidential Statement 31/2004 on 1 September 2004.

[8] The Russian Parliament Duma adopted amendments to the federal law ‘On Combating Terrorism’ (Sobranie zakonodatelstva Rossiyskoi Federatzii, 1998, No. 31, st. 3808).

[9] For an excellent account on all aspects of the ‘Chechenization’ of the conflict, see IHF et al. (2006).

[10] E.g., Elina and Rita Ersenoeva, Shamil Bassaev's previous wife and her mother, were abducted. See the report by FIDH at: http://www.europarl.europa.eu/comparl/afet/droi/20061121_fidh.pdf.

[11] This policy of IDP return has been criticized in the Evaluation of the prospects for a political solution of the conflict in the Chechen Republic (PACE, Resolution 1315, 2003).

[12] ‘The EU had already noted negative developments as, inter alia, the lack of real pluralism of candidatures to the presidency and the absence of independent media. Considering these developments, the EU expresses serious concerns regarding the conditions in which these elections were held’ (from Declaration of the EU Presidency, 8 October 2003. Available online at: http://www.europa‐eu‐un.org/articles/en/article_2792_en.htm; see also Lobjakas 2003).

[13] See an account by a BBC correspondent at: http://news.bbc.co.uk/2/hi/programmes/from_our_own_correspondent/6414603.stm.

[14] See http://www.iht.com/articles/2007/04/05/europe/web0405‐chech.php.

[15] See http://www.chechnya.250x.com/〉, or 〈http://www.freechechnya.org/.

[16] See http://www.chechnya.250x.com/〉, or 〈http://www.freechechnya.org/. Destruction included five 2‐storey houses, a 5‐storey block of apartments and many private houses. The market and the taxi stand were destroyed; drivers and passengers were killed.

[17] All ‘Chechen’ cases undertaken by EHRAC at the European Court can be found online at: http://www.londonmet.ac.uk/research‐units/hrsj/ehrac/ehrac‐litigation/case‐summaries/chechnya/home.cfm.

[18] Russia ratified the European Convention of Human Rights in May 1998 and only cases for violations after that time can be filed; therefore only crimes during the second Chechen war are applicable. All ECtHR case law is online at: www.echr.coe.int/ECHR/EN/Header/Case‐Law/HUDOC/HUDOC+database/.

[19] See http://cmiskp.echr.coe.int/tkp197/view.asp?item=2&portal=hbkm&action=html&highlight=Chechnya&sessionid=10104453&skin=hudoc‐en.

[20] Kurt v. Turkey (24276/94) [1998] ECHR 44 (25 May 1998); Kaya v. Turkey [1998] 1IHRL 12 (19 February 1998). The texts of the judgements and other case materials can be found at: http://www.echr.coe.int/ECHR/EN/Header/Case‐Law/HUDOC/HUDOC+database/.

[21] Isayeva, Yusupova and Bazayeva v. Russia.

[22] The case was filed in ECtHR and presented in Strasbourg by the Dutch organization ‘Russian Justice Initiative’ (see details at: http://www.srji.org/en/legal/estamirov/).

[23] Novaya Gazeta, 26 May 2001, p. 2.

[24] Izvestiya, 28 July 2001, p. 5

[25] Response of the Chechen Prosecutor's Office to the inquiry made by the Legal Rights Center ‘Memorial’, reference No 15/39‐232‐02 ?? 08.10.2002.

[26] See http://www.memo.ru/hr/hotpoints/N‐Caucas/dkeng.htm.

[27] See http://hrw.org/backgrounder/eca/chechnya0305/3.htm#_Toc98759252.

[28] See http://hrw.org/backgrounder/eca/chechnya0305/3.htm#_Toc98759252.

[29] See http://www.srji.org/en/legal/bazorkina/.

[30] See http://cmiskp.echr.coe.int/tkp197/view.asp?item=10&portal=hbkm&action=html& highlight=Chechnya&sessionid=10104453&skin=hudoc‐en.

[31] See http://www.kommersant.com/p693377/r_500/Chechen_National_to_Get_%E2%82%AC35000_for_Missed_Son/.

[32] See http://www.srji.org/en/legal/imakayeva/.

[33] The full text of the Imakayeva decision is available online at: http://cmiskp.echr.coe.int/tkp197/view.asp?item=1&portal=hbkm&action=html&highlight=Chechnya&sessionid=10104453&skin=hudoc‐en.

[34] See the chapter ‘Issues of Tortures and Inhuman Treatment in Chechnya and Northern Caucuses’ prepared by ‘Memorial’ and ‘Demos’ at the Russian NGOs' Alternative Report on the Compliance with the UN Convention against Torture, 37^th session of the UN Committee against Torture, Autumn 2006.

[35] Full report available online at: https://wcd.coe.int/ViewDoc.jsp?id=846655&BackColor Internet=99B5AD&BackColorIntranet=FABF45&BackColorLogged=FFC679.

[36] To name a few, the separatist fighters Salman Raduyev, Salautdin Temirbulatov, Nur‐Pashi Kulayev all received life sentences. The first died in prison soon after sentencing.

[37] Details on ‘Ulman’ can be found in IHF (2005).

[38] In another earlier account from 24 March 2003 (Comments to Radio Echo Moskvy by Sergei Yastrzhembsky, Presidential Special Aide for Chechnya) 51 servicemen were convicted; 19 of them were sentenced to deprivation of liberty, 24 were given suspended prison sentences, three were excluded from army service, two had to pay fines and three were amnestied.

[39] See http://www.ohchr.org/english/bodies/cat/docs/ngos/ai_briefing.doc#_Toc147735840.

[40] More details on these cases can be found in IHF (2005).

[41] The latest news on Budanov (from 28 March issue of Novie Izvestiya, available online at: http://www.newizv.ru/news/2007‐03‐28/66523/) is that after serving two‐thirds of the sentence, he was moved from Dimitrovgrad to Ulyanovsk and remains under a light regime of house arrest.

[42] On public opinion in Russian regarding Yuri Budanov, see Politkovskaya (2006: 72–76).

[43] Inter News Agency, 28 February 2006. Available online at: http://www.unrussia.ru/eng/news/index.php?page=8&news=108.

[44] On the role of justice and accountability for the reconciliation of societies, see Thakur and Malcontent (2004); Mani (2002); Joyner (1996).

[45] Data on the effect of Chechnya on the rise of criminality in many parts of Russia is currently prepared by the Russian NGO ‘Glasnost’.

[46] A strong critic of the crimes in Chechnya, she published two books: A Dirty War: A Russian Reporter in Chechnya (Politkovskaya 2004) and Putin's Russia: Life in a Failing Democracy (Politkovskaya 2006).

[47] More than 20 cases filed only by EHRAC await judgment. See the full list online at: http://www.londonmet.ac.uk/research‐units/hrsj/ehrac/ehrac‐litigation/case‐summaries/chechnya/home.cfm.

[48] More than 20 cases filed only by EHRAC await judgement: see the full list at: http://www.londonmet.ac.uk/research‐units/hrsj/ehrac/ehrach‐litigation/asc‐summaries/chechnya/home.cfm.