Content
Preface.
Taisa Isaeva, Head of the Project, Director of CNGO Informational Center
Nurdi
Nukhadzhiev, Ombudsman of the Chechen Republic
Zulekhan
Bagalova, the Distinguished Artist of Russia, Director of the Center for
Integrated Surveying and Popularization of Chechen Culture "LAM"
Israpil
Shaovkhalov, the Editor-in-Chief of the magazine “Dosh” (The Word)
Lula
Kuni (Lula Zhumalaeva) – poetess, translator and Editor-in-Chief of the
magazine “Nana” (“Mother”)
Musa
Akhmadov, Chechen writer, publicist, Editor-in-Chief of the magazine “Vainakh”
Roza
Satueva, correspondent of the newspaper “Voice of the Chechen Republic”
Natalya
Estemirova, employee of ‘Memorial’
Usam
Baisaev, member of HR center “Memorial”
Satsita
Israilova, director of Grozny central library
Abubakar
Amirov, resident of Staropromislovski district of Grozny
Aslanbek
Apaev, Chairman of autonomous non-commercial organization “Committee on
protection of IDPs’ rights”, expert of Moscow Khelsinski Committee
Dik Altemirov,
Human rights activist and community worker
Vakha
Ibalayev, resident of the former village Kharsenoi
The unnamed
resident of Urus-Martan district
Khulimat
Zelimkhanova, main specialist of general and secondary education of the
Ministry of Education of the Chechen Republic
Abu
Pashaev, artist
Editoral
Board
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Nurdi Nukhadzhiev,
Ombudsman of the Chechen Republic
According to the database of
non-governmental human rights organizations and the state legal protection
system since the beginning of «anti-terrorist operation» on the territory
of the Chechen Republic the number of missing, abducted and violently
taken away citizens have been aggregated about three thousand people.
At the same time neither the Office of the Prosecutor of the Chechen Republic,
nor other law enforcement bodies have ever counted the violent actions
undertaken against women and children. It is the first time we turned
our attention to monitoring of this kind of crimes because we were absolutely
certain about that during each abduction of a person all members of his
or her family, as a rule, were exposed to violent actions - robberies,
violence, assault. We have about 740 of such significant cases of direct
violence.
If we recollect all villainies
committed, let’s say, by pirates in Middle Ages, or fascists in concentration
camps, we can try subconsciously to understand and comprehend it. Usually
it occurred between any conflicting parties, states, and absolutely different
cultures or, let’s say, religions. But what has been done to the residents
of the Chechen Republic baffles any logic explanation. Citizens of our
republic were regularly, severely destroyed and mocked, though it was
their own authority, their own country. What occurred here was done on
behalf of that state, the citizens of which we are.
That is why it was much heavier
to withstand, morally, mentally and physically. Under the slogan of release
from religious extremism, terrorism and gangsterism the federal authorities
stroke the residents of the Chechen Republic a violent, unjustifiable
and unmerited blow.
Why did it happen? In fact,
it is not necessary to give the written or oral order to commit the villainies
on the territory of Russia. It is possible simply not to punish the guilty
people and it will create an adequate spirit and feeling of permissiveness
of those who conducts “constitutional order» or «anti-terrorist operation».
Actually, from the very beginning of military operations in the Chechen
Republic impunity has been made the corner stone. That is to say, representatives
of authorities, whether they are militaries, employees of law enforcement
bodies or special services, could commit here any crimes, jeered at people,
kill, illegally detain and torture the residents of the republic, including
women and children. And they did not carry any punishment for their actions.
It is the most terrible thing. When militaries feel absolute permissiveness
and impunity.
In winter of 2000 the «federals»
made massacre of the residents of the settlement of Aldy. Tens of innocent
people, including old men, women and children became their victims. And
nobody has been punished for it. The similar crime was committed in Samashki
in the course of «the first Chechen war». Thus, there was a precedent
when mass punishment of the unarmed population had no consequences for
those who supervised this «operation», gave or executed the criminal orders.
Most likely, it was the reason
that they quietly, especially within the first two-three years of the
«anti-terrorist operation» on the territory of the Chechen Republic, abducted
people, committed extrajudicial executions and tortured. And fascists
could envy the methods used, because, the wildest, most refined and horrifying
tortures were applied to the residents of the republic
The result of this impunity
is that today we have the grave crimes committed towards the civil population.
We have the egregious violations of the Constitution of the Russian Federation
and norms of the international law because Russia is the member of the
Council of Europe, and it undertook some certain obligations. It is necessary
to note, that if in autumn of 1999 it were recognized, that there was
a war ongoing in the Chechen Republic, the international law would be
applied. But what occurs on the territory of one country usually is not
recognized as a war. According to the law «About fighting against terrorism»,
an «anti-terrorist operation» cannot be conducted with application of
rockets «Earth-Earth», aircraft, or, let’s say, heavy armament. In this
context we have the following concepts as «apartment», «house», «street»,
but not more. The most severe war took place in the Chechen Republic,
and it was the war without any rules. The armed person could do here anything
he wanted, and was not responsible for the actions of arbitrariness.
The case of «colonel Budanov»
arduously taken to the court is well known. Actually, this beast in the
military uniform has escaped with light fright. Actually, we all understand,
what had happened there, in Tangi-Chu. Budanov should receive at least
life imprisonment as the moratorium on a death penalty is in place in
Russia.
Or «Cadet» – Lapin, for example.
In fact, the body of Zelimkhan Murdalov, kidnapped and brutally killed
by him, is not discovered so far. And Lapin was not tried for abduction
and murder of the person. He was condemned «for misfeasance». In the temporary
police department of Oktiabrski district of the city of Grozny where this
«Cadet» served horrifying things took place. There is also information
received about the cool-headed execution and the subsequent burning of
corpses of shot victims, including a body of a woman with obvious signs
of pregnancy. There are also facts, that detained people were cut ears,
and many other things. But only Lapin had been punished.
Let us see the case of criminal
group of the captain Ulman. Members of special task force under his command
had shot a group of unarmed peace residents, including a pregnant woman,
the mother of several children. Then they burnt their corpses. And nobody
can bring this case to the court. We need to note the fact that the people
of the Chechen Republic, the President of the republic and the Chairman
of the Government addressed this issue to almost all federal instances,
including the Constitutional court of Russia. For example, we, along with
the NGO (non-governmental organizations), have collected about 50 thousand
signatures requiring to judge Ulman according to the Law.
But, surprisingly, as soon
as the question of punishment of militaries or employees of law enforcement
bodies of Russia, which have committed grave crimes against residents
of the Chechen Republic, raises, and press on the court starts, «the telephone
right» is triggered; all kind of “skinheads”, chauvinists and nationalists
lift their heads. And how must we accept what these beasts in masks had
done to our old men, women, and children? Speaking about general situation
in the Chechen Republic, we need to admit the fact that we are dealing
with well-run killing war machine on the part of the territory of the
Russian Federation.
During these years thousand
people have approached us. Both victims and their relatives approach us
as well. We heard so many shocking stories in the course of this time!
I was shaken with a story about one of prisoners of the camp in Chernokozovo,
a 14 years girl (I will not tell her surname due to the ethical reasons).
Militaries who used to «work» there took her regularly with themselves
to their «operations». They forcedly set her into in an armored troop-carrier
and left. Upon their return, they again threw this little girl, beaten,
raped, bleeding profusely, into the cell. It had happened, if my memory
does not fail me, in winter of 2000-2001. There were many cases when women
were raped by soldiers in front of husband or father. There was a case
in Mesker-Yurt, for example, an old man witnessed how a woman was jeered
at by beast in uniform. He died from cardiac rapture, because he could
not stand such shame, his own feebleness and powerlessness. There are
not tens, but hundreds of cases of violence over women. But there are
things, about which people do not speak due to our mentality. In fact,
the «Budanov’s case» became property of the wide public on occasion. And
the complaint on rape of the girl, the victim of the colonel-sadist, was
removed from the case. And a great deal of what is happening here, we
will never learn.
We have even cases of violence
over men. It is terrible, really terrible. But it had happened as well.
It happened in temporary departments of the town of Gudermes; such cases
took place in other temporary departments of MOI. Thus, people were humiliated
here so much. I do not exclude, that there was a task - to break the spirit
of people. Completely. That people would turn to weak-willed and obedient
animals. That did not dare to think about protesting, resisting to violence
and an arbitrariness.
And what kind of resistance
could peaceful citizens, women, children render to militaries? They could
just demand observance of the Constitution of the country on the part
of the territory of the Russian Federation. If the federal authority considers,
that we are citizens of the Russian Federation, both norms of domestic
and international law should be observed towards the Russian citizens
of the Chechen nationality.
If someone’s son, brother,
father, daughter or mother have been detained, nobody demanded to immediately
release him or her, nobody spoke that the detained person was not guilty.
Relatives of these people usually tried to achieve that they would be
informed, who detained this or that person, what the reason of detention
was, his or her whereabouts and what he or she was accused of. The injured
party has a full right to know about it. It is the standard practice all
over the world, even during such wars like on the territory of the Chechen
Republic.
We still have hundreds people
to be considered as missing persons, as disappeared without trace. Nobody
knows, that happened to these citizens, where they are now, whether they
are still alive or not. 5, 10 or 15 years will pass, but mother will always
wait for her son. Children – for their father. Wife - for her husband.
Therefore the war will end in the souls of the people only in case if
the person which is registered as missing either will be found alive,
or will be buried according to our customs in the place where the relatives
want.
I would like very much, that
the truth about what had been happening here during all these years, about
violation of the rights and freedom of a person, violence over the peaceful
population, became property of the society. That the rising generation
knew what had happened to the residents of the Chechen Republic. That
traces of many severe crimes have not been covered up, as some high-ranking
officials from various authorities, including the Prosecutor-General’s
Office would be wishing. That no any crime would remain unpunished. Otherwise
something can occur here again. It will turn out, that everything that
happened here had been done correctly. And we will never manage to erase
the label that Chechen is a gangster, this shameful label, which had been
«hung» on us during last years.
I, as the Representative on
human rights in the Chechen Republic, have prepared the special report
«Violence toward women and children». When the parliament will return
after the holidays, I will read it out, most likely, at the session of
both chambers. We should set one task for bodies of the government – we
need concrete charges directed against concrete people. Either the charges
should be dismissed from the person, or his guiltiness should be proved.
The third it is not given.
The main thing now is to get
that the federal authorities to establish the state commission aimed on
searching for missing people, revealing the whereabouts of violently taken
away citizens of the Russian Federation on the territory of the Chechen
Republic, identifying of those who committed crimes and their punishment.
We need a decree of the president of Russia on establishment of the inter-departmental
commission, which will be engaged in investigation of the reasons led
to mass kidnappings and extrajudicial executions of citizens as well as
calling to account of all those guilty for committing the crimes. Only
in this case we can be confident that nothing similar will happen again.
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