Disappearances” in Chechnya

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Disappearances” in Chechnya April 2002 Vol.14, No. 3 (D) RUSSIA LAST SEEN . .: Continued “Disappearances” in Chechnya SUMMARY................................................................................................................................................ 1 BACKGROUND ........................................................................................................................................ 2 Defining Forced Disappearance.............................................................................................................. 3 Russia’s Obligations under International Law........................................................................................ 3 Domestic Law......................................................................................................................................... 5 A Note on Methodology ......................................................................................................................... 6 CASES OF “DISAPPEARANCE”............................................................................................................. 7 “Disappearances” From Grozny ............................................................................................................. 8 “Disappearances” From Groznensko-Selskii District........................................................................... 12 Alkhan-Kala ...................................................................................................................................... 12 Starye Atagi....................................................................................................................................... 13 “Disappearances” From Achkhoi-Martan District................................................................................ 16 “Disappearances” From Urus-Martan District...................................................................................... 17 Alkhan-Yurt...................................................................................................................................... 17 Gekhi................................................................................................................................................. 19 Goity.................................................................................................................................................. 20 Tangi-Chu ......................................................................................................................................... 20 Urus-Martan...................................................................................................................................... 21 “Disappearances” From The Shali And Kurchaloi Districts ................................................................ 21 Serzhen-Yurt ..................................................................................................................................... 21 Tsotsin-Yurt...................................................................................................................................... 25 Novye Atagi...................................................................................................................................... 27 Alleroi............................................................................................................................................... 28 Shali .................................................................................................................................................. 30 Mesker-Yurt...................................................................................................................................... 31 Avtury............................................................................................................................................... 32 “Disappearances” From Argun District ................................................................................................ 32 “Disappearances” From Vedeno District.............................................................................................. 35 THE RESPONSE OF STATE AUTHORITIES ....................................................................................... 37 Procuracy Investigations and Prosecutions........................................................................................... 38 Lack of Authority.............................................................................................................................. 39 Lack of Diligence.............................................................................................................................. 39 Inadequate Public Access and Uncooperative Officials ................................................................... 41 The Office of the Special Representative ............................................................................................. 41 RECOMMENDATIONS.......................................................................................................................... 43 To the government of the Russian Federation:..................................................................................... 43 Prevent forced disappearance............................................................................................................ 43 To the International Community:.......................................................................................................... 44 Council of Europe ................................................................................................................................. 45 United Nations ...................................................................................................................................... 45 Organization for Security and Cooperation in Europe ......................................................................... 46 ACKNOWLEDGEMENTS ...................................................................................................................... 47 2 SUMMARY Despite the nominal end of large-scale fighting in Chechnya, Russian security forces continue to detain hundreds of non-combatants in their ongoing operations against Chechen rebel forces. While most of those detained are subsequently released after periods in acknowledged detention, dozens remain unaccounted for— “disappeared”— and are not seen alive by their families again. Relatives’ inquiries to Russian authorities as to their whereabouts are met with denials that the “disappeared” persons were ever in custody. The unacknowledged detention of civilians places them outside the protection of the law, making them vulnerable to extrajudicial execution and torture. Families of the “disappeared” make enormous efforts to visit police stations, military bases, and detention centers throughout Chechnya and elsewhere in the Russian Federation, lodging petitions and complaints with officials at all levels. It is not uncommon for a family to be searching for more than one “disappeared” relative. Some of the “disappeared” are la ter found dead in makeshift temporary graves, sometimes bearing signs of torture. Most are never heard from again, denying their relatives even a body to grieve over. This report covers eighty-seven new cases of “disappearance” documented by Human Rights Watch since its last report on “disappearances” in Chechnya in March 2001.1 Eighty of these took place in 2001, a scale belying any notion that forced disappearances of civilians in Chechnya is a problem of the past. The rise in the number of “disappearances” during targeted raids on private residences is a particularly disturbing development. While the majority of forced disappearances in the March 2001 report took place during large-scale “sweep” operations and at checkpoints, almost half the cases in the present report occurred during raids targeting particular individuals. The raids often took place before dawn and generally involved masked and heavily armed Russian security personnel without identifiable insignia traveling in unmarked armored personnel carriers (APCs). The elements that make up a forced disappearance—chiefly the unlawful and unacknowledged deprivation of liberty by the government—and the torture and killing that frequently result, are prohibited under international human rights law. Despite its international legal obligations, Russia is failing to prevent “disappearances” by its security forces, and failing properly to investigate and prosecute such cases after they occur. The response of the civilian and military procuracies—the agencies charged with the investigation and prosecution of “disappearances”—remains inadequate, allowing abusive security personnel to act with impunity. Since March 2001, there have been cosmetic improvements in the response of the civilian procuracy to complaints of “disappearance”: most complaints now lead to investigations being formally being opened, and far fewer problems relating to access to the civilian procuracy are being reported by relatives. However, the main obstacles to accountability remain. The civilian procuracy has jurisdiction over the police, but has no legal authority to investigate abuses by members of the armed forces. It also receives little cooperation from the military and security services, including in some cases concerted obstruction by top officials, who transfer service personnel out of Chechnya to evade investigations. The civilian and military procuracies do not conduct aggressive investigations,
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