Reports of human rights organisations hearings of International Commission of Jurists 29-30 January 2007 \ COUNTER TERROR: RUSSIAN PRACTICE Human Rights Center «Memorial» COUNTER TERROR: RUSSIAN PRACTICE Reports of human rights organisations hearings of International Commission of Jurists 2 9 -3 0 January 2 0 0 7 © Human Rights Center «Memorial», 2007 Table of contents Introduction............................................................................................. 4 «Counterterrorism Operation» by the Russian Federation in the Northern Caucasus throughout 1999-2006.................................................................6 1. Introduction...................................................................... ................6 2. Conflict Development Background and History. Chechenization of the Conflict........................................................7 3. Legal Framework.............................................................................10 4. The First Stage of the Conflict — Nonselective Use of Force.... 15 5. Deliberate Attacks on Peaceful Population...................................21 6. «Special Operations [zachistka]»................................................... 22 7. Inhuman Treatment of Detained, Arrested and Kept in Custody Persons..........................................30 7.1. Filtration System....................................................................30 7.2. Illegal Prisons Today.............................................................. 35 7.3. Torture.....................................................................................37 8. «Disappearances» of People. Arbitrary Executions......................38 9. Taking Insurgents’ Relatives Hostage, Repressive Acts against Insurgents’ Relatives....................................................................... 45 10. Impunity of Perpetrators.................................................................47 Governance as a counter-terrorist operation........................... 52 A. The Federal Law on Counteracting Terrorism of 6 March 2006 ............................................................ 53 B. Amendment of certain Federal Laws pursuant to the Ratification of the Council of Europe Convention on the Prevention of Terrorism and the Adoption of the Federal Law on Counteracting Terrorism (of 27 July 2006)..............................57 C. Other Laws (some examples).........................................................60 D. International Treaties..................................................................... 61 Introduction In this brochure we have tried to briefly outline Russia’s experience with «counterterrorism». It is clear today that terrorism is a very real danger, one which must be combated both within Russia and beyond her borders. There are times, though, when the cure is worse than the disease. It is generally accepted that the current trend towards the significant and often unjustified curtailment of human rights under the pretext of fighting terrorism followed from the attacks of September 11, 2001. However, Russia proved to be ahead of her time in this process—co u n ­ terterrorist operations» began here a full two years earlier. There are few who remember today that Anti-terrorism Law was already needed in August 1999, shortly after Shamil Basaev’s invasion of Dagestan (that is, still before the attacks on residential properties in Russian cit­ ies). This allowed the government to use the armed forces and restrict citizens’ rights without the approval of parliament, still at that point an independent body. Russia has now gone through eight years of «counterterrorism», in­ cluding six on a global scale, and the time has come to evaluate the re­ sults. They are far from comforting: terrorism has not been vanquished. And indeed, a detailed examination of the techniques of combating terrorism reminds us that «counterterrorism» was in fact used as a pre­ text for significant restrictions and violations of human rights in many countries long before September l l 1. 1 One can find examples not only among Latin American dictators but even in Russian history: the «Great Terror» of the 1930’s was portrayed in the USSR as a «counterterrorist operation# after the December 1, 1934, murder of Kirov by «enemies of the people». A set of hearings on January 29-30, 2007, was organized in Moscow by the International Commission of Jurists to bring the results of Russian «counterterrorism» to light1 . At these hearings victims both of terrorist attacks and «counterterrorist operations», witnesses and experts provided testimony, and a number of Russian human rights organizations2 presented their own reports. It appears the «Second Chechen War» is already history, but c o u n ­ terterrorist operations» continue throughout the Northern Caucasus. Nonetheless the armed resistance is far from defeated—indeed, these very operations only give it new strength. Likewise, we can hardly consider these operations «law-enforcing», as Russian «counterterror- ism»—indiscriminate mass bombing and shelling, cruel mopping-up operations, the robbery and disappearance of citizens, torture and the fabrication of judicial proceedings—lies far beyond the bounds of law. It is a different matter that in order to support such actions numerous laws and sub-legislative measures3 have been adopted; now, eight years later, we live in a changed country. Antiterrorist legislation, though in essence emergency legislation, proved an extremely convenient means for everyday governing. In this brochure we present two small reports. One addresses the «counterterrorist operation» in the Northern Caucasus—the time has come to evaluate the results and draw conclusions. The second gives an analysis of Russian «antiterrorist» legislation. 1 The Commission had already held similar hearings throughout the world, looking into the experiences of Latin America, the USA, North and West Africa, Great Britain, Southeast Asia and Australia. A report on antiterrorism legislation and legislative practice in the modem world, summarizing these results, is now being prepared. 2 The Independent Committee of Legal Experts, the Center for the Development of Democracy and Human Rights, the human rights center «Memorial», Committee Against Tortures (Nizhny Novgorod) and the Moscow Helsinki Group. 3 Few of which one can consider truly lawful. «Counterterrorism Operation» by the Russian Federation in the Northern Caucasus throughout 1999-2006 Brief overview by the Human Rights Center «Memorial» and Center «Demos»: Submitted to the Eminent Jurists Panel in January 2 0 0 7 in connection with high level public hearings on terrorism, counterterrorism and human rights in Russia 1. Introduction Terrorism has become a grave threat in modem Russia. To protect the rights and freedoms of its citizens the state has not only the right but also an obligation to put up an effective fight against terrorism. However, the actions undertaken by Russia’s authorities in the Chechen Republic and Northern Caucasus since autumn 1999 under the banner of struggle against terrorism cannot be defined as a counterterrorism operation (CTO). The ways the top management and military agencies of the country use force have transformed the CTO into criminal acts resulting in mass victims and outrageous violations of human rights. It should be noted, though, that throughout the period of 1996-99, the heads of the Chechen Republic of Ichkeria (ChRI) proved to be unable to ensure safety and civil rights on the territory under their administration. They failed to stop brigandage, robbery and hostage taking on the adjacent territories by the gangs based in the Chechnya. Incursion by the armed formations into Dagestan from the territory of Chechnya in August and September 1999 could not but make the leadership of the Russian Federation take measures aimed to ensure citizens’ safety and protection of the constitutional order. Such was the situation that made the use of the armed force lawful; however, force should be used within the limits of the law, selectively and proportion­ ate to the threat. During all the seven years of confrontation, both parties badly violated human rights and norms of humanitarian law. However, the number of casualties among civilians resulting from the actions by the federal center is considerably higher, while the policy pursued by the federal authorities in the Northern Caucasus erodes Russia’s demo­ cratic institutes as a whole. In this report, we are not going to touch upon the line of action of the armed formations fighting the federal party or describe numerous acts of terrorism committed by the adversaries of the Russian Federation in the ChR territory and other regions of Russia. These actions cannot be justified and deserve to be censured. The report briefly describes the line of actions by Russia’s security agencies in the Northern Caucasus with respect to their observance of human rights and norms of humanitarian law. To emphasize, the internationally recognized authority of the Russian Federation, i.e. the state that has signed numerous international legal documents and as­ sumed respective obligations, controls these security agencies which are responsible for gross and massive violations of human rights. 2. Background of the Second Chechen War and History of the Conflict Development. «Chechenization» of the Conflict Initially the ChR conflict was of purely separatist nature. The forces having come to power in the Republic in 1991 on the crest of the