Concerns in Europe: January - June 2001
61
Amnesty International September 2001
AI Index: EUR 01/003/2001
executions. “The state should not assume the right
which only the Almighty has - to take a human life,”
he said. “That is why I can say firmly - I am against
Russia reinstating the death penalty.” AI urged
President Putin to use his authority to encourage
ratification of Protocol No. 6 to the European
Convention on Human Rights, which provides for full
abolition of the death penalty.
Refoulement
It is frequently reported that asylum seekers arriving
at Moscow’s international airport, Sheremetyevo II,
are forcibly returned to their country of origin before
their asylum claims have been considered.
For example, on 29 March an Iranian asylum
seeker who had been arrested on 21 February at
Moscow international airport Sheremetyevo II was
forcible returned to Iran, where it was believed he
faced imprisonment and ill-treatment. The deportation
was carried out despite the fact that his application to
be admitted to the Russian asylum procedure was
pending before the courts.
The asylum seeker had applied for refugee status
at the immigration control point in Sheremetyevo II
upon arrival in Russia. On 15 March the immigration
control point denied him admittance to the Russian
asylum procedure, preventing his claim from being
examined on its merits, a decision which was appealed
in court on 28 March. The Ministry of Foreign Affairs,
as the state agency responsible for ensuring
compliance with international obligations, reportedly
tried to prevent the deportation but failed.
In another case, journalist Dodojon Atovulloyev,
an outspoken critic of the Tajik government, was
detained by Russian police on 5 July while transiting
Moscow on a flight from Germany to Uzbekistan. He
was reportedly arrested at the request of the Tajik
authorities, and there were fears that he might be
forcibly returned to Tajikistan, where he would be at
grave risk of torture. However, on 11 July Dodojon
Atovulloyev was released after the Russian Procurator
General, to whose Extraditions Unit Dodojon
Atovulloyev’s case had been referred, rejected the
Tajik authorities’ request for extradition.
Dodojon Atovulloyev’s lawyer told AI: “Dodojon
is free. It is brilliant. He was released because of the
great political pressure from the German government,
the OSCE, and public pressure from human rights
organizations.”
The Chechen conflict: impunity and continuing
crimes against civilians
Both parties to the conflict in Chechnya continued to
commit serious abuses of human rights and breaches
of international humanitarian law. Russian forces
were responsible for the overwhelming majority of
physical harm and material damage suffered by
civilians. AI and other international and Russian
human rights organizations active in the region
continued to document violations by Russian forces,
including: arbitrary detention, torture and ill-
treatment, “disappearance” and extrajudicial and
summary execution of detainees, and the use of
unofficial and secret detention sites. Chechen fighters
violated humanitarian law by failing to protect civilian
immunity during attacks on Russian positions, by
attacking civilians who work in the local
administration in Chechnya, and by ill-treating and
extrajudicially executing Russian soldiers they have
captured.
During “cleansing operations” (in Russian,
zachistka) in towns and villages, Russian forces
continued to arbitrarily arrest and use disproportionate
force against civilians. Most people who were
detained during such operations are reportedly beaten
or subjected to torture while held in incommunicado
detention; bribes are almost always extorted from
relatives in exchange for their release. Hundreds of
others simply "disappear" in custody. The mutilated
corpses of some of the “disappeared” and of many
other, unidentified individuals have been discovered
in more than a dozen dumping grounds throughout
Chechnya.
Federal authorities in Russia are not committed to
a meaningful accountability process. Criminal
investigations into abuses by military and police
forces in Chechnya have been shoddy, ineffective, and
incomplete. The federal government has not
committed the necessary resources to investigations,
nor are they empowering the relevant agencies to
conduct them. Nowhere is the failure to investigate
more obvious than in the case of Dachny village,
where at least 51 bodies were found since January. No
autopsies were performed on the corpses, and the
authorities have rushed to bury, rather than preserve
for the purposes of further investigations, those
corpses that have not yet been identified.
Non-governmental
organizations
and
independent journalists continued to face significant
obstacles to gaining access to Chechnya and to
carrying out their work there.
The case of Anna Politkovskaya
On 20 February, while investigating reports of
violations by the Russian forces, journalist Anna
Politkovskaya was detained in the Vedeno district in
southern Chechnya by Russian federal forces, on the
grounds that she did not have official permission to
exercise her profession in Chechnya and was thus
“violating the accreditation procedures and
regulations imposed by the military command”. Anna
Politkovskaya travelled to Chechnya to investigate
reports of torture, including rape, and that Russian
forces stationed on the outskirts of the village of
Khottuni were using pits in the ground as secret
detention facilities. While in detention, Anna
Politkovskaya was questioned about her journalistic
investigation by Federal Security Services (FSB)
officials, and she claimed officers threatened they
would kill her. She was released without a charge on
22 February, following wide international publicity on
the circumstances surrounding her detention.