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Russian Federation
1171. By letter dated 2 Septembe 2002, the Special Rapporteur advised the Government that he had received information on the following individual cases.
1172. Nadezhda Ubushaeva (f) was reportedly peacefully demonstrating with her family against their forcible eviction outside the Parliament building in Elista, Republic of Kalmykia, in April 2001 when she was allegedly dragged by police officers to a police car and beaten with a hard instrument. She is alleged to have been subsequently taken to a police station where she is believed to have been held for about two hours. According to the information received, a medical examination carried out on 13 April 2001 recorded injuries on her hips, shoulders and face.
1173. Regarding the situation in the Republic of Chechnya, the Special Rapporteur has continued to transmit informatio n on the following individual cases.
1174. Adam Mourtazov and Magaram Khabiboulin are said to have been among 19 persons who were reportedly arrested during a military operation in Grozny on 1 March 2002. The two men are believed to have been beaten while in custody. They have been missing since then.
1175. Magomed Astamirov was reportedly arrested in Gekhy on 10 August 2001 by soldiers and taken to Urus Martan. It is reported that he was beaten and subjected to electric shocks while in detention. His feet were allegedly placed in a basin of water and electricity was put in his ears, fingers and other parts of the body. He is believed to be now in a wheelchair.
1176. Chernoreche village, on the outskirts of Grozny, was reportedly encircled by federal forces on 28 June 2001 and raided on the following day. It is alleged that the male population was beaten and subjected to electric shocks.
1177. Musa Dakhaev, Movsar Khamaev, Sultanbek Shakhidov, Lechi Musaev and Sultan Beriev were reportedly beaten by soldiers on 29 May 2001. Their faces were allegedly covered and their hands tied. He was allegedly beaten. Musa Dakhaev was allegedly hung by his bound arms and subjected to electric shocks. They were subjected to mock executions. They were reportedly not allowed to sleep or to eat for the two days.
1178. Mansur, aged 2, was reportedly injured in his legs on 6 May 2001, after a tank belonging to the federal forces started shooting in Grozny. Other children are also believed to have been injured.
1179. A number of persons were reportedly arrested and injured in the central market of Grozny on 1 May 2001. It is alleged that many individuals, including women and children, were hit, beaten with rifle crosses and kicked by soldiers. 30 persons were detained and 23 were taken to the Temporary Department of Internal Affairs (known in Russian by the acronym, ''VOVD'') in Zavodskoe. A forensic doctor allegedly examined the detainees and confirmed that they had been beaten. Bislan Abusoltovich Abubakarov, a 33-year-old mentally ill begger was reportedly injured in the legs and liver. He is alleged to have died some hours later as a result. Abdul-Mutalib Abdurakhmanovich Jabraïlov reportedly died as a result of the injuries he sustained on his legs and liver and of an injury caused by knife in the heart area.
1180. Turpal Khaladov and Salambek Umalatov were reportedly arrested on 27 April 2001 in Grozny. They were reportedly taken by soldiers to VOVD. It is alleged that witnesses in Khankala reported that they saw them and that they had bruises on their faces. On 6 May 2001, their relatives were reportedly informed by the procurator’s office that their complaints had been transferred to the VOVD. At the time of writing, the Special Rapporteur had no information regarding their current whereabouts.
1181. Zelimkhan Murdalov was reportedly detained on 2 January 2001 in Grozny on suspicion of possession of cannabis. On 5 January 2001, the Grozny city procurator along with the city commandant searched the cells of the VOVD but did not find him. It is reported that the procurator was told by other detainees that Zelimkhan Murdalov was seen on 3 January 2001 with a broken right arm - the bone was reportedly protruding from the skin -, with his genitals torn off, his ear cut off and that he was suffering from concussion. A doctor reportedly gave testimony stating he treated Zelimkhan Murdalov, but that his wounds were light and that the injuries were sustained in a “fall”. On 7 January 2001, a criminal investigation was reportedly opened into his “disappearance”.
1182. Alaudin Sadykov who assisted in the distribution of humanitarian aid and worked with the Russian Emergency Services (MChS) was reportedly detained on 5 March 2000, by the special police (known in Russian by the acronym, “OMON”). It is alleged that at the time of his arrest he was hit with rifle butts and a black hood was placed over his head. He was reportedly taken to the Oktiabrsky District Temporary Department of Internal Affairs (VOVD) where he is believed to have been beaten. He was allegedly forced to take in his hands red-hot pieces of metal. An officer allegedly wrote “Chichik”, a derogatory term for an ethnic Chechen, on his forehead with a knife. He was then reportedly dragged to a cellar where up to six men are said to have used him like a “live football”, breaking his teeth and ribs and kicked him until he was unconscious. A human rights organisation researcher photographed the injury. The head of the detention facility is believed to have ordered that he be hidden in another cell when members of an international organisation visited the centre. The prosecutor is also thought to have acted to conceal the facts to the commission, although he was allegedly aware of what happened. Alaudin Sadykov was reportedly released on 24 May 2000.
1183. Zaindi Bisultanov, a lawyer from Grozny, was reportedly detained by federal soldiers on 2 February 2000 in Prigorodny Sovkhoz. It is alleged that he was thrown in a basement. Although injured, he crawled out of the basement, whereupon soldiers forced him at gunpoint back once more and threw in a grenade in the basement. On 5 June 2000, Zaindi Bisultanov was reportedly detained again and beaten on the chest and back, and over his kidneys and liver. He is alleged to have been subjected to methods referred to as “lastochka”, i.e., his hands were tied behind his back in a painful raised position with a rope that cut into his skin, and to have been taken to a basement from which he is thought to have managed to escape. A complaint was reportedly filed with the Grozny procuracy in October 2001.
1184. By letter dated 2 September 2002 sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur advised the Government that he had received information on the following individual cases.
1185. Tsotsin-Yurt village was reportedly surrounded by special federal army forces on 7 October 2001. Ayub Artsoev and his 15-year-old son, Said- Magomed were reportedly beaten by soldiers on 8 October 2001. Aset Artsoeva, his wife, is reported to have been struck by a rifle butt on the back of her neck and fell unconscious. It is alleged that her husband was taken away and that as relatives and neighbours tried to ask the soldiers the reasons of his arrest, the soldiers opened fire to the group of villagers. As a result, Birlant Dzhonalieva (f) was reportedly hit and wounded on the lower left side of her stomach and Tseda Artsoeva (f) was reportedly struck by a grenade which hit her on the side. It is reported that Ayub Artsoev was brought to the village two days later with broken arms and ribs and swollen head. Magomed Mutaev and his son Akhmed Mutaev were reportedly beaten on 12 October 2001. It is reported that they were both punched and kicked in front of their family. They were allegedly handcuffed and blindfolded and before being beaten, in particular with a hammer. On 7 November 2001, another operation was reportedly conducted in the village. The whole male population was reportedly interrogated and beaten. The majority of them are reported to have been released after 72 hours but 16 of those arrested were allegedly held in custody until 21 November 2001. In the course of this second operation, Buivasar Usmanov was reportedly killed. A third military operation is reported to have been conducted in the village on 30 December 2001. Male villagers from as young as 14 up to 60 years of age, and a woman, Malika Ustrakhanova and her young baby, were reportedly detained and taken to the outskirts of the village where they were all allegedly beaten. Most of those detained were reportedly released on 1 January 2002, but at least seven of them, Shaikh-Akhmed Magomadov, Alkhazur Movlaevich Saidselimov, Khanpash Baisultanov, Akhmed Baisultanov, Suleyman Baisultanov, Salamu Mazaev and Khamzat Israilov have been missing since then. Abbas Israilov, was reportedly detained by Russian authorities at the VOVD in Kurchaloy on 5 January as he sought to ascertain the whereabouts of his brother. In the course of this operation, Musa Ismailov, Idris Zakriev and Alkhazur Saidselimov reportedly died while at the soldiers’ hands. Musa Ismailov and Idris Zakriev’s bodies were found on 3 January 2002. It is alleged that their ears, noses and genitals had been cut off. Alkhazur Saidselimov’s body was found heavily disfigured on 7 January 2002.
1186. Bislan Khasaev was reportedly arrested by federal troops on 22 June 2001 and taken to a pit were he was allegedly held until 23 June 2001 with seven other detainees. It is reported that they were beaten, asphyxiated and subjected to electric shocks. Bislan Khasaev’s relatives were reportedly informed on his death on 25 June 2001, after they could not fulfil the conditions allegedly imposed by the soldiers for his release. His right arm was dislocated or broken and there were bruises on his legs and chest.
1187. Said-Emin Bilalovich Gushaev and his son Khizir Said-Eminovich Gushaev were reportedly arrested by soldiers on 6 May 2001 in Geldigen village, Kurchaloy district. Said-Emin Bilalovich Gushaev’s mother, Kilsan Idrisovna Gushaeva was allegedly knocked down by a military tank that smashed their home. The two men were then taken away and beaten. Kilsan Idrisovna Gushaeva is reported to have died immediately after the incident, Said-Emin Bilalovich Gushaev allegedly sustained damages on his kidneys and on the face and Khizir Said-Eminovich Gushaev reportedly had two fingers broken and an internal bleeding.
1188. Yashurkaev Abdul-Vakhab Sulimovich reportedly disappeared along with 11 other men in the course of a military operation conducted by federal troops in Argun between 11 and 14 March 2001. His body was reportedly found on 2 March 2002. The corpse was decapitated and presented knife wounds. It is alleged that there were blue weal on his legs and across his ribs and that his left shoulder was smashed, as a result of which the bones were visible.
1189. Umatgeri Edilbekov and his friend Magomed Malsagov were reportedly detained on 23 December 2000 by federal troops. Their bodies were found around 3 March 2001. Regarding Magomed Malsagov's body, it is reported that his hands were tied behind his back and that the skin on his scalp had been stripped. Regarding Umatgeri Edilbekov’s body, it is reported that the throat and one cheek had been cut and that several of his nails were missing
1190. Kazbek Vakhaev was reportedly taken by soldiers to the ''Internat'' detention facility in Urus Martan on 1 August 2000. There he was allegedly beaten during interrogation. According to official documents, he was released on 11 August 2000 but according to men detained with Kazbek Vakhaev, the latter was taken from his cell on 13 August 2000. It is reported that on 21 August 2000, his body was identified. It is alleged that the local procuracy began an investigation and later claimed that Kazbek Vakhaev had been released on 14 August 2000, but was kidnapped, without stating by whom.
1191. By letter dated 17 October 2002, the Special Rapporteur reminded the Government of a number of cases transmitted in 2001 regarding which no reply had been received.
Urgent appeals
1192. On 18 January 2002, the Special Rapporteur sent a joint urgent appeal with the Chairman-Rapporteur of the Working Group on arbitrary detention and the Special Rapporteur on extrajudicial, summary or arbitrary executions on behalf of Shaikh-Akhmed Magomadov, Akhmed Ezerpashaevich Baisultanov, Khanpash Ezerpashaevich Baisultanov, Suleyman Ezerpashaevich Baisultanov, Salamu Maziev, Khamzat Israilov, Abbas Magomadov, Shamil Mandyzhadziev and Malika Ustrakhanova (f), who reportedly "disappeared" after having been taken into custody by Russia n federal forces during a raid on the village of Tsotsyn-Yurt, in the Kurchaloy district of Chechnya. On 30 December a group of soldiers is said to have entered the village searching for Chechen fighters who had supposedly sought shelter in the village. They are said to have rounded up a large group of men and boys, aged between 14 and 60. The soldiers reportedly took them to the outskirts of the village, stripped them, insulted them and beat them severely. They reportedly tried to cut off the ear of Abbas Magomadov, and cut off another man's fingers off. They are said to have held around 100 men for at least two days, forcing them to sleep outdoors in freezing temperatures. On 1 January 2001, the soldiers reportedly let go most of the men. Many had reportedly been unable to walk as a result of the beating. The soldiers are said to have taken the above-mentioned persons away with them. Malika Ustrakhanova was allegedly beaten on the back and hands. She was believed to have been released. Khamzat Israilov, a relative of Leche Idrisov (see below), who was said to have been severely wounded in an exchange of gunfire, is said to be detained at Kurchaloy regional centre of the military commandant. The others have reportedly not been seen since. Abbas Magomadov reportedly went to the Temporary Department of Internal Affairs (VOVD) in Kurchaloy on 4 January to find out about the whereabouts of his brother, Shaikh-Akhmed Magomadov, and is said to have been taken into custody. He has also reportedly not been seen since. Furthermore, on 7 January 2002, three bodies were said to have been found, badly disfigured by explosives, including Alkhazur Movlaevich Saidselimov, one of the men allegedly taken away after the raid. During the raid, soldiers had reportedly approached the house of 70-year-old Leche Idrisov, where two Chechen fighters had allegedly hidden, using two men, Musa Ismailov and Idris Zakriev, as human shields. In the ensuing gunfight, both men are said to have been severely wounded. Russian soldiers reportedly then shot both men dead and took their bodies away. Their bodies were said to have been found on 3 January: they had allegedly been severely mutilated with knives, and had their ears and noses cut off. Soldiers are said to have beaten Idris Khadaev as well as the son of the Tsakaev family. Both are believed to have subsequently died.
1193. On 7 June 2002, the Special Rapporteur sent a joint urgent appeal with the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of Said-Magomed Imakaev, Said-Khusein Imakaev, his son, Ruslan Utsaev, Movsar Taisumov, Idris Abdulazimov and Aslambek, who were said to have been taken from their homes in the village of Novye Atagi, Chechnya on 2 June 2002 by approximately 20 members of the Russian security forces. The men's families have reportedly been unable to find out where they are being held. On 3 June, the military commander in Shali was said to have indicated to Said- Magomed Imakaev's wife that her husband was being held in that town. However, on 4 June, an official from the Federal Security Service of the Russian Federation (FSB) in Shali said that her husband was not being held in the town, but might have been taken to the village of Mesker-Yurt in the Shali district.
1194. By letter dated 21 August 2002, the Government informed the Special Rapporteur that on 17 June 2002 an application had been filed on behalf of the alleged victims with the Office of the Procurator of Shalinskiy. On 28 June 2002 the latter initiated a criminal case which was still in progress and which was monitored by the Procuracy of the Chechen Republic. The Government also indicated that in the context of the initial investigation, no facts confirmed that these persons were detained by the Federal Forces. They were not listed among the detainees in the registry of the criminal militia of the Temporary Joint Group from the Ministry of Internal Affairs of the Russian Federation in the Chechen Republic or the Ministry of Internal Affairs of the Chechen Republic.
1195. On 27 September 2002, the Special Rapporteur sent a joint urgent appeal with the Special Representative on human rights defenders and the Chairman- Rapporteur of the Working Group on Arbitrary Detention on behalf of Said-Emin Saidarovitch Magaziev who had reportedly been detained by unidentified members of the Russian federal troops who had arrived in the standard military armored vehicle and “UAZ” jeep during the night from 17 to 18 September 2002 at Zakan-Yurt village, Achkhoi-Martanovsky district. He is a nephew of Lidia Yusupova, the head of the Grozny office of the Human Rights Center “Memorial” and fears have been expressed that his arrest may be an attempt to put pressure on Memorial staff in Chechnya. Furthermore, on 21 August 2002, Interior Ministry officers reportedly detained Said-Husen Itzlaev, brother of the head of the Urus- Martan representative office of Memorial. On the next day was reportedly transferred to the temporary detention unit in Grozny, where he was allegedly severly beaten.
1196. By letter dated 11 December 2002, the Government responded that Said- Emin Saidarovitch Magaziev had been taken to an unknown location by unidentified masked persons carrying automatic weapons. The Achkhoi- Martanovsky inter-district procurator’s office had instituted criminal proceedings on 28 September 2002 and investigations were being carried out. The Government stated that no evidence connecting his abduction to the human rights activities of Lidia Yusupova had been found. In relation to the detention of Said-Husen Itzlaev (S.-Kh. Itslaev), the Government informed the Special Rapporteur that a preliminary investigation had established that on 21 August 2002, Said-Husen Itzlaev was detained by officers from the District Internal Affairs office to obtain information about his missing brother, Said-Selim Itslaev, who had gone into hiding after refusing to stop at a car checkpoint. The officers forcibly took him to the police lock- up at the Urus-Martanovsky district Internal Affairs office. An inquiry concluded that during the investigation, physical force was used against him. On 22 August 2002, he was taken to the base of the special Ministry of Internal Affairs militia for the Chechen Republic in Grozny. He was released shortly thereafter. The Government assured the Special Rapporteur that the detention of Said-Husen Itslaev was not connected with the human rights activities of his other brother, Dukki Itslaev. The Government added that on 26 September 2002, criminal proceedings were launched against unidentified militia personnel for acts exceeding their authority.
1197. On 10 December 2002, the Special Rapporteur sent an urgent appeal on behalf of Mannopzhon Rakhmatullayev, an Uzbek imam at the mosque of the Russian town of Marx, who was believed to be in danger of imminent and forcible deportation to the Republic of Uzbekistan. On 2 October 2002, officers from the procuracy of Saratov region detained him following a request by Uzbekistan to hand him over. On 16 October 2002, the Procurator General of the Russian Federation reportedly sanctioned Mannapzhon Rakhmatullayev's handover to the Uzbek authorities. However, his lawyer is said to have protested against the decision and lodged a complaint with the Saratov Regional Court, which was considered on 25 and 26 October. Although the judge ordered the release of Mannapzhon Rakhmatullayev, he was reportedly re-arrested when leaving the courtroom and taken to investigation-isolation prison No. 1 in Saratov, where he was believed to be held. Uzbek authorities were said to be accusing him of “religious extremism” on charges of “attempting to overthrow the constitutional order of Uzbekistan” and “possession of firearms”.
Follow-up to previously transmitted communications
1198. By letter dated 13 December 2001, the Government replied to a letter sent by the Special Rapporteur jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions on 10 September 2001 concerning alleged cases of torture and extrajudicial executions in the Chechen Republic by Federal troops (E/CN.4/2002/76/Add.1, paras 1277 to 1306). The Government reported that the Office of the Procurator of the Chechen Republic and the Office of the Military Procurator of the North Caucasus military district were actively monitoring the activities of the Republic’s law enforcement personnel and military units whenever citizens are detained, in conformity with the Constitution of the Russian Federation. According to the Government, constant and systematic checks carried out in 2002 by the office of the procurator of the Chechen Republic during special operations by military and law enforcement personnel found no instances of detainees deliberately kept unregistered at the holding facilities of the Ministry of Internal Affairs or at the temporary remand units at Chernokozovo. In the majority of the cases referred to by the Special Rapporteur, criminal proceedings have been initiated and an investigation is being carried out. This was the case for the following individuals: Said-Magomed Said-Rachmanovitch, abducted on 13 January 2000, Kal’bek Pashaev and Vakhi Kamilov abducted on 8 October 2000 whose bodies were discovered in the village of Berdykel, the Arsabiez brothers who died on 15 March 2001, S. R. Musaev, O. Metaev, M. Mahomadov, Rustam Riskhanov, Ramzan Riskhanov, T. Timarov, I. Tazurkaev and I. Larsanov who died in February 2001, Elelbek D. Isaev whose body was discovered on 13 September 2000,, Y.Y. Beksultanov whose body was found on 27 November 2000 in the village of Samashki, K. Chimaev, V. Mahomadov, K. Khisriev and I. M. S. Dokhtulaev dead in unknown circumstances, K. Gazaev whose body was found on 24 November 2000 in Davidenkovo, the Agaev family whose bodies were found on 9 december 2000 in Shaami-Yurt, A. Zaurbekov and K. Hasarov whose bodies were discovered on 26 January in Grozni, M. Taimaskhanov and Khalimov whose bodies were found in the village of Djalka, and K.K. Gerikhanov and his son U.K. Gerikhanov who died on 12 May 2001. In many of these cases, the pre-trial investigations were currently suspended for the reasons stipulated in article 195, paragraph 1 (3), of the Russian Soviet Federated Socialist Republic (RSFSR) Code of Criminal Procedure, namely failure to identify a person against whom formal charges can be brought. The Government also mentioned that the allegations referred to in the communication from the Special Rapporteurs relating to widespread famine among inhabitants of Alleroi, the holding of detainees in pits, and the murder of villagers in Alleroiand Tsentoroi have not been corroborated. Besides, according to a report from the central Military Procurator’s Office, on 6 November 2001, a criminal case against a junior sergeant serving on a contract basis, was referred to the court martial of the North Caucasus Military district for consideration on its merits. He was indicted for the killing R. A. Djamalov, whose body was discovered on 21 August 2001. The Government added that it would be premature to provide further details about this case, taking into account the principle of the presumption of innocence. With reference to other cases submitted by the Special Rapporteurs, namely A. Yarshurkaev, M. Yusupov, A. Uzaev, B. Usmanov, U. Akhyadov, S. Visaev and an individual named Aslanbek, the Procurator’s Office of the Chechen Republic and local law enforcement bodies have not received any reports of unlawful actions against them. Finally, the Government stated that it was too early to allege that the above-named citizens were victims of torture and extrajudicial execution by Russian military personnel. Information indicates that members of illegal groups who murder peaceful citizens in order to terrorize the population of the Chechen Republic often wear camouflage identical to that of federal military personnel.
1199. The Government also responded to two letters sent by the Special Rapporteur on 21 March 2000 (E/CN.4/2001/66, paras 865 to 889) and on 10 September 2001 (E/CN.4/2002/Add.1, paras 1268 to 1274). The Government informed that no “filtration camps” have been set up in the context of antiterrorism operations in the Chechen Republic. The remand centre of Naour district village of Chernokosovo was set up following an order of the Ministry of Justice dated 8 February 2000. Between 22 December 1999 and 9 February 2000, a reception and dispatch centre operated in which undocumented vagrants were held for up to 10 days. The Government also informed the Special Rapporteur that during an inspection of Chernokosovo by the Procurator of the Chechen Republic conducted on 16 February 2000, none of the interviewed detainees complained of torture and no traces of ill-treatment were found. The Government indicated that the centre had also been visited several times by the Eureopean Committee for the Prevention of Torture. An inspection of the Office of the Procurator of the Chechen Republic on reports of ill-treatment of individuals held in Chernokosovo between December 1999 and February 2000 revealed no information about physical abuse.
1200. The Government also reported that between 20 January and 5 March 2000, Tolstoi-Yurt was also a temporary reception and dispatch centre for undocumented vagrants. According to the Government, inmates were provided with food and medical assistance and underwent a medical examination upon arrival. Most of them were released after their ident ity was established. Those against whom criminal proceedings were brought for membership of illegal armed groups were transferred to Chernokosovo remand centre. The inspections conducted by the Office of the Procurator of the Chechen Republic revealed no instances of detainees being beaten or mistreated and no complaints were lodged.
1201. Concerning Zaindi Kantaev (E/CN.4/2001/66, para. 869) and Zura Bityeva (ibid., para. 870), the Government indicated that the information transmitted by the Special Rapporteur has not been corroborated.
1202. Concerning the killing in February 2000 of over 20 inhabitants of the Novaya Katayama micro-region of the Staropromyslovaya district in Grozny, among which, Khamid Khashiev, R.V. Taimaskhanova, A. A. Akaev and M. Goigov (ibid., paras 872 and 879), the Government reported that the Office of the Procurator of the Chechen Republic is pursuing criminal investigations. Concerning Anzor Khashiev (ibid. para. 879), the Government clarified that he was not found among the victims.
1203. Concerning Ramsan Rasayev (ibid., para. 873), the Government indicated that the allegation according to which he had been beaten up at the Assinovskaya checkpoint was not corroborated.
1204. Concerning Isa Muradov (ibid., para.874) and Aindi Altimirov (ibid., para. 876), the Government responded that criminal proceedings into their death had been instituted by the Office of the Procurator in Urus-Martan district.
1205. Concerning Taus Sultanove (ibid., para.875), Kosym Reshiev, Natasha Chernovaya, Khava, Lyusya and a man from Shatoi (ibid., para. 877), as well as Said Selim Tugoev, Saipudin Saadulayev and Sulieman Bisayev (ibid., para. 880), the Government informed the Special Rapporteur that the Office of the Procurator of the Chechen Republic had not been able to verify the information transmitted by the Special Rapporteur.
1206. Concerning Rashid Dadaev (ibid. para. 881), the Government indicated that he had died as a result of gunshot wounds during an operation to eliminate members of illegal armed groups. The Government also confirmed that Umar Uzarov, Dagman Tepsurkaeva and Khadishat Basaeva sustained gunshot wounds of varying severity. According to the Government, an investigation was initiated by the military procurator of the Northern Caucasus Military Area and the Central Military Procurator’s Office of the Russian Federation.
1207. Concerning Badrudy Eskiev (ibid., para. 884), the Government replied that according to an inquiry conducted by the Lyublino Interdistrict Prosecutor’s Office, tests revealed that he was an opium addict in need of medical treatment. On 27 October 1999, he made a confession in presence of his lawyer. On 16 December 1999, he was sentenced to six months’ deprivation of liberty by the Lyublino Intermunicipal Court. According to the Government, no physical or mental coercion was applied to him by members of the Tekstilshchiki district militia.
1208. Concerning Zelimkhan Abdul-Vabovich Temirsultanov (ibid., para. 885), the Government indicated that the Nikulino Interdistrict Procurator’s Office in Moscow had conducted an inquiry which could not confirm allegations of illtreatment. According to a forensic examination conducted on 18 September 1999 at Sklifosovsky Emergency Care Research Institute, the alleged victim did not show any signs of bodily harm.
1209. Concerning Razmik Nagdalian (ibid., para. 886), the Government noted that the Tverskaya Interdistrict procurator’s Office in Moscow had not been able to verify the information transmitted by the Special Rapporteur.
1210. Concerning Islam Bashirov (ibid., para. 887), the Government replied that according to an inquiry conducted by the Cheremushki Interdistrict Procurator’s Office, a criminal proceeding for illegal possession of drugs had been instituted against him. He failed to appear for a court hearing on 27 December 1999. The claims of the alleged victim that he had been victim of physical violence while in custody of the militiamen could not be corroborated.
1211. Concerning Suleiman Saidmukhamedovich Mudaev (ibid., para. 888), the Government responded that by decision of the Khoroshevo municipal court on 29 December 1999, he was given a suspended sentence of one year’s deprivation of liberty and put on probation for six months. According to an inquiry, no breaches of the law were committed by the Organized Crime Unit personnel during his detention. The Government added that investigations into the remaining allegations of torture and ill- treatment were continuing.
1212. Concerning the military operations conducted in Sernovodsk and Assinovskaya (E/CN.4/2002/76/Add.1, paras 1271 and 1273) from 2 to 4 July 2001, the Government informed the Special Rapporteur that that the Office of the Procurator of the Chechen Republic initiated criminal proceedings and set up task forces to carry out the investigations, which were still in progress at the time of writing.
1213. Concerning Ruslan (ibid., para. 1269) as well as Said Mahomed Bakkhaev and Said Hasan Salamov (ibid., para. 1270), the Government indicated that the Office of the Procurator of the Chechen Republic had not been able to verify the information transmitted by the Special Rapporteur. 1214. By letter dated 12 February 2002, the Government provided the Special Rapporteur with an interim response to a number of cases included in a letter sent on 17 November 1997 (see E/CN.4/1998/38/Add.1).
1215. Concerning Dmitry Zhukov (ibid., para. 363), the Government indicated that on 10 February 1999, a court martial found a Caporal guilty of physically assault and humiliation. The Caporal was sentenced to 33 months’ deprivation of liberty at an ordinary-regime corrective labour colony. However, pursuant to an amnesty dated 24 December 1997, he did not have to serve the whole sentence on the grounds that he had served one third of the prescribed penalty.
1216. Concerning Denis Adreyev (ibid., para. 364), the Government indicated that on 27 December 1995, the alleged victim twisted his ankle while being drunk and was taken to the first aid station attached to his military unit. Upon receiving medical attention, he started behaving in a disorderly manner and us ing abusive language towards two officers and attempted to offer physical resistance. In this context, the officers forcibly handcuffed him and took him to a guardhouse. The Government noted that pre-trial investigative authorities found that the officers had abused their authority. However, on 19 November 1996, the criminal proceedings against them were discontinued on the basis of a change in the situation.
1217. Concerning Mikhael Kurbarsky (ibid., para. 369), the Government indicated that following a pre-trial investigation instituted by the Office of the Military Procurator of the Far East Military District on 21 March 1996, a Major and a Senior Lieutenant were found guilty of improperly carrying out their official duties, owing to a careless attitude towards military service, resulting in death by negligence. Accordingly, the Khabarovsk garrison court martial sentenced them to curtailment of military entitlements for two years with ten percent of their pay retained by the State.
1218. Concerning Nicolay Mikheyev (ibid.), the Government reported that a criminal case in connection with his death was opened on 28 March 1996 by the Office of the Military Procurator of the Far East Military District. A court martial found that he had been severely beaten by a private from the same unit, resulting in his death. On 1 November 1996, the court sentenced the aggressor to three years’ deprivation of liberty to be served at an ordinary-regime corrective labour colony.
1219. Concerning Sergey Bannikov (ibid., para. 372), the Government replied that one of his aggressors was sentenced on 13 May 1997 by the court martial of the Kronstadt garrison to 30 months’ deprivation of liberty to be served at an ordinary-regime corrective labour colony. The Government also informed that the appeal mentioned in the Special Rapporteur’s letter was refused.
1220. By letter dated 26 February 2002, the Government provided the Special Rapporteur with a response to a number of cases included in a letter sent on 17 November 1997 (see E/CN.4/19998/38/Add.1).
1221. Concerning Mikhail Yurochko, Yevgeny Mednikov and Dmitry Elsakov (ibid., para. 348), the Government reported that an inquiry did not confirm their allegations that they had been subjected to violence during the investigation. 1222. Concerning Nikolay Andreevich Abramov and Aleksandr Derkayev (ibid., para349), the Government replied that five militiamen were brought to justice for abuse of authority, convicted and sentenced to various terms of deprivation of liberty.
1223. Concerning Sergey Osintsev (ibid., para. 350), the Government noted that criminal proceedings were initiated by the Office of the Procurator for Stavropol territory. The pre-trial investigations were suspended on 31 May 1996 since it was not possible to establish the identity of the culprits.
1224. Concerning Aleksandr Voevodin (ibid., para 351), the Government indicated that an inquiry did not confirm his allegations according to which illegal investigative methods had been used.
1225. Concerning Aleksandr Vladimirovich Ashenkov (ibid., para. 352), the Government noted that an inquiry did not confirm his allegations according to which illegal investigative methods had been used.
1226. Concerning Yelena and Irina Smirnova (ibid., parar. 353), the Government indicated that during the pre-trial investigation and the court proceedings they did not lodge any complaint.
1227. Concerning Andrey Evgenyevich Arekhin (ibid, para. 354), the Government noted that an inquiry conducted by the Lenin district Procurator’s Office in Saranska did not find any breach of the law by members of the law enforcement agencies. The Government added that criminal proceedings against the alleged victim were halted on 27 February 1998 when he was assigned to mandatory re-education.
1228. Concerning Vladimir Firsov and Dmitry Bogdankevich (ibid., para. 355), the Government noted that criminal proceedings had been initiated by the Office of the Procurator of the Republic of Mordova in response to their complaints of unlawful actions by members of the militia. The case was later forwarded to the Office of the Procurator Office in Saranska for further investigations.
1229. Concerning Oleg Igonin (ibid., para. 360), the Government confirmed that he died of asphyxiation after having been subjected to torture. Two leaders of the Mordovan Ministry of Internal Affairs criminal investigation task forces were sentenced to nine years and six months’ deprivation of liberty respectively, and the head of the Lenin district Internal Affairs office’s criminal investigation unit, to five years’ deprivation of liberty, all of them in a normal-regime correctional colony. The deceased’s mother was awarded a monetary compensation for moral damage. On 3 March 1999, the criminal bench of the Supreme Court confirmed the sentences.
1230. Concerning Oleg Kovalenko, Konstantin Yunak and Yury Dikhtyarenko (ibid., para. 361), the Government confirmed that criminal proceedings had been instituted against the chief of the municipal Internal Affairs office’s criminal investigation unit. Proceedings were suspended while a search for him was initiated. A case against other members of the militia was made the subject of separate proceedings and forwarded to the courts. Two were found guilty while the proceedings against a further two former members of the militia were halted when the period of prescriptio n ran out.
1231. Concerning V.N. Ishenko (ibid., para. 366), the Government responded that the Office of the Procurator in Moscow was checking reports alleging that he was subjected to violence by members of the 42nd Moscow militia unit.
1232. Concerning Evgeny Lisitsky (ibid., para. 368), the Government confirmed that he had been severely beaten by the officer on duty of the 7th Internal Affairs office of the Krasnoarmeisky district Internal Affairs Administration and had subsequently died of craniocerebral trauma. The Government added that the officer concerned was found guilty of deliberate grievous bodily harm and abuse of authority and sentenced to eight years’ deprivation of liberty in an ordinaryregime correctional colony. On 12 November 1996, the Volgograd oblast court confirmed the sentence.
1233. Concerning Yan Igorevich Mavlevich (ibid., para. 375), the Government informed the Special Rapporteur that no complaint had been filed against members of the law enforcement agencies. 1234. By letter dated 19 March 2002, the Government provided the Special Rapporteur with a response to a number of cases included in a letter sent on 17 November 1997 (see E/CN.4/1998/38/Add.1).
1235. Concerning S. Baskakov (ibid., para. 358), the Government responded that on 12 May 1997, the criminal case against a criminal investigating officer involved in the allegations of torture was sent for trial to Magadan City Court. During the period 2000-2001, this court twice referred the case back for further investigations. On 24 January 2002, the Procurator of Magadan filed a supervisory protests with the Praesidium of the Magadan Oblast Court with a view to overturning another ruling by the court to refer the case back for further investigation.
1236. Concerning V. Polyakov (ibid., para. 359), the Government noted that on 27 October 1995 a decision was taken to discontinue criminal proceedings on the grounds that the militia officers had committed no crime. In the subsequent period from 1995 to1997, the Magadan Oblast Procurator’s Office and the Department of the Office of the Procurator-General of the Russian Federation that supervises the investigation of crimes have repeatedly overturned the decision not to prosecute. On 14 April 1997, the Magadan City Procurator’s Office decided once again not to prosecute the case. The Government added that it is now not possible to check the legality of this decision because the prescribed time limit for storing the materials relating to the discontinuation of proceedings has expired.
1237. Concerning Pavel Fedorov (ibid., para. 362), the Government noted that in the past he had been twice diagnosed with “psychotic behavior” and as “suffering from a residual organic disorder” and that on a number of occasions he has committed acts of self- mutilation. During an interview on 13 October 1995 with an officer after allegations that he was supplying the colony with drugs, he slipped his hand into his pocket. Aware that he was a psychopath and assuming that he might have an offensive object in his pocket, the officer punched Pavel Fedorov in the chest, as a result of which he sustained bodily injuries. The Government further noted that the following day the detainee reported to the medical service for treatment and was admitted to the medical unit. On 16 October 1995, he was placed in a punishment cell after he threatened to mutilate himself. He subsequently lacerated his forearm and was therefore admitted to the prison hospital. The Government reported that on 8 December 1995, Arkhangelsk City Assistant Procurator decided not to prosecute because of the lack of criminal evidence. At the same time, the Director of Arkhangelsk Oblast’s penal institutions issued an order publicly rebuking the involved officer.
1238. Concerning Oleg Fedorov (ibid., para. 367), the Government confirmed that criminal proceedings in connection with his death had been dropped for lack of evidence that a crime had been committed. However, two officers were dismissed from their posts since their actions in relation with this case were judged to be serious breaches of service discipline.
1239. Concerning Said Selim Bekmurzayev and Sultan Bekmurzayev (ibid., para. 371), Saidkhamzat Abumuslimov, Adam Saigatkhadzhiev, Andi Vagapov and Adnan Abumuslimov (ibid., para. 373), Salambek Hamzatov, Raisa Abdurahmanovna Gunayeva, A. Takayeva and U. A. Akayev (ibid., para. 370), as well as an Afghan refugee named Salim (ibid., para. 374), the Government informed the Special Rapporteur that it had not been possible to establish the veracity of the allegations transmitted.
Observations
1240. While the Special Rapporteur acknowledges the replies of the Government on a number of cases sent in the past, he notes with regret that many individual cases, in particular raised in urgent appeals, remain unaddressed. Furthermore, the Special Rapporteur no tes with concern that the Government did not extend to him an invitation to visit the Russian Federation, with regard to the situation in the Republic of Chechnya. He would like to recall that a request for a joint mission with the Special Rapporteur on violence against women, its causes and consequences was made in April 2000.
1241. The Special Rapporteur notes with concern that no information has been provided on measures taken to implement the recommendations made by his predecessor after his visit to the Russian Federation in 1994 (E/CN.4/1995/34/Add.1).
1242. The Special Rapporteur notes with concern the views expressed by the
Committee against Torture expressed in May 2002 after its consideration of the
third periodic report of the Russian Federation under the Convention against
Torture as follows: “(a) Numerous and consistent allegations of widespread
torture and other cruel, inhuman or degrading treatment or punishment of
detainees committed by law enforcement personnel, commonly with a view to
obtaining confessions; (…) (c) A persistent pattern of impunity for torture and
other ill-treatment benefiting both civil and military officials, a lack of reported
decisions by judges to dismiss or return a case for further investigation citing the
use of torture to obtain a confession, and the very small number of persons
convicted of violations of the Convention.” (CAT/C/CR/28/4, para. 5). With
respect to the situation in the Republic of Chechnya, the Special Rapporteurs also notes the concerns of the Committee against Torture: “(a) Numerous, ongoing
reports of severe violations of human rights and the Convention, including
arbitrary detention, torture and ill- treatment, including forced confessions,
extrajudicial killings, and forced disappearances, particularly during "special
operations" or "sweeps", and the creation of illegal temporary detention centres,
including "filtration camps". Allegations of brutal sexual violence are unusually
common. Additionally, armed units which are reported to be very brutal towards
civilians have been sent again into the conflict area.” (ibid., para. 7)
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This report has been published by Equipo Nizkor and Derechos Human Rights on August 2, 2005.