Briefing Paper on Cooperation of the Russian Federation with International Organizations. Drafted by Center “Demos” for fourth round consultations on human rights between Russia and the EU. The Russian Federation continues to demonstrate a lack of effective cooperation with international organizations.

Lack of cooperation with the UN Special Rapporteur on Torture

During the entire second Chechen campaign the UN Special Rapporteur on torture has been requesting invitation from the Russian Government to visit the conflict area. The invitation was received in spring 2006. On March 30, 2006 the Special Rapporteur Manfred Novak announced that the Russian government allowed him to enter the country and visit North Caucasus. On July 6 Novak announced that the visit would take place on October 9-20 and would include the visit of Chechnya, Ingushetia, North Ossetia and Kabardino-Balkaria. Novak confirmed this information of September 20 in his address to the Committee on Human Rights.

However, on October 4 the RF government informed that some parts of the program – the unannounced visits to the detained, private talks with the arrested – would contradict the Russian legislations. We will note in brackets, that 1) those procedures are part of the Special Rapporteur mandate, and 2) the delegations from the European Committee for the Prevention of Torture (CPT) regularly visit the region with unannounced visits to the detention units and private talks with the inmates. The Ministry of Foreign Affairs of Russia announced that Novak posed unacceptable requirements and this was the reason for Russia to reconsider the invitation.

The refusal – on the part of Russia – to provide the UN Special Rapporteur with the possibility to productively work in the area shows the unwillingness to perform duties on prohibition of torture, violence or inhumane treatment as prescribed by the Convention that looks very challenging on the eve of the evaluation of the next RF Report by the UN Committee against Torture.

Lack of Cooperation with the CPT
As is noted in the section above, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) is able to visit the Russian Federation, and the Chechen Republic in particular, on a regular basis and is able to have confidential interviews with victims of human rights violations. Since the beginning of the armed conflict in Chechnya, there have been seven visits of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) to the Chechen Republic.

There are very strong grounds to assert that the resulting reports contain evidence of serious violations by the Russian Federation of its obligations to prevent torture and prosecute the perpetrator. However, these reports could only be published with consent of the inspected party, i.e. Russia, which refused to grant the necessary consent. During the “second Chechen war”, CPT was so dissatisfied with the situation in Chechnya and with the lack of cooperation from the Russian government that on two occasions it chose to resort to extraordinary measures – public statements “on the Chechen Republic of the Russian Federation” (first in June 2001 and then in July 2003). To stress, such action of CPT is more than just a strong signal. Notably, in the last 15 years, CPT issued only four public statements all-together, and the very fact that two of them were concerned with Russia indicate a proufound crisis. As concerns the reports on the visits of CPT to Chechnya (and to the other territories of the Russian Federation), they remain unpublished, which greatly hinders the effectiveness of the Committee’s work with Russia. Not only CPT itself but also other Council of Europe structures, including the Parliamentary Assembly of the Council of Europe (PACE), have on many occasions requested that Russia should publicize the CPT reports. These requests have not been granted.

To note, when the CPT last visited Chechnya in September 2006. Center “Demos” and Human Rights Center “Memorial” assisted them on the ground by means of arranging interviews with victims of torture and relatives of victims of torture and abductions. To provide safe and confidential environment for the victims, they were invited to come and meet the CPT delegation at the office of “Memorial” in Grozny. Unknown to the CPT representatives, among their armed guards provided by the Russian authorities there proved to be a man with a photo-camera who, without asking permission and contrary to the CPT regulations, was talking photographs of all persons entering the office at the time the CPT delegation was working there. The “photographer” was noticed by the staff of “Memorial” and “Demos” who immediately informed the CPT members of such an unacceptable situation. The CPT delegation very strongly protested, indicated that they would raise the incident with the Chechen and the Russian authorities, and the man was removed. We stress that this has put the victims interviewed by the CPT in significant danger. One of the individuals interviewed by the CPT, was Rita Ersenoyeva, mother of Elina Ersenoyeva abducted in August this year. Rita disappeared three weeks after the CPT visit, on October 2, 2006.

Lack of Cooperation with the European Court on Human Rights (ECtHR)

It is highly commendable that in spring 2006, on the eve of Russia’s Chairmanship in the Council of Europe, the Russian Federation finally signed Protocol 14 to the European Convention aimed at accelerating the movement of the complaints through the Court system and increasing control over implementation of the ECtHR judgments. The Council of Europe welcomed this very meaningful step and also expected Russia’s ratification of Protocol 14 by fall this year. However, the Russian Federation hasn’t accomplished that yet and remains the only country in the Council of Europe that hasn’t ratified Protocol 14 and thus slows down this crucially significant reform. Though the difficulties involved with speedy ratification of the protocol are understandable, we cannot but stress that, as a Chair of the Council of Europe, the Russia made it her point to emphasize the importance to strengthen the effectiveness of the regional human rights protection system, including the European Court.

Also, we cannot but stress again that, though when found in breach of the Convention the Russian Federation fulfills her obligations on paying out financial compensations based on the ECtHR judgments, the situation with implementations of the general measures pertinent to the Court decisions still remains unsatisfactory and no effective systemic efforts are made by the State in this respect (with the exception of such two issues as enforcement of decisions by domestic courts and excessive length of judicial proceeding).

Moreover, even on the level of individual measures, there are certain implementation problems that are not related to the compensation issues. For example, to date, the European Court on Human Rights found Russia in breach of some of the key article of the European Convention for Human Rights and Fundamental Freedoms (such as the right to life, the ban on torture, the availability of effective domestic remedy, etc.) in connection with eight complaints submitted by residents of the Chechen Republic. It should also noted that four high-level Russian military officials are specifically mentioned in the aforesaid ECtHR judgements, namely Alexander Baranov (commander of the Northern-Caucasus Military District), Anatoly Khrulev (commander of the 58th Army), General of the Interior Ministry Troops Yakov Nedobitko, and General in retirement Vladimir Shamanov who is currently preoccupied with his political career. Shamanov and Nedobitko ran a major military operation in the Chechen village of Katyr-Yurt in February 2000, within whose framework grave war crimes and crimes against humanity were perpetrated. Shamanov also headed the “West” Group and Khrulev was in charge of the check-point “Caucasus-1”. This check-point failed to be open to traffic despite being official designated as a humanitarian corridor, and a large column of refugees was subjected to aerial bombing, which resulted in significant loss of life and victimization of civilians. General Baranov personally ordered to shoot to death a prisoner Khadzhimurad Yandiev, who then “disappeared”. Initially, Russian prosecutorial bodies found to criminal matter in the activities of these four generals. Today, despite the relevant judgments of the European Court, investigation into their actions is not in process.

Recommendations

In context of the fourth round of Russia-EU human rights consultations, we call on the European Union to urge the Russian Federation to fully cooperate with the Council of Europe and the UN human rights protection mechanisms. Specifically: (1) to authorize publication of the CPT reports and to effectively assist the CPT delegations with their periodic visits; (2) to cooperate with the mandate of the UN Special Rapporteur on torture and enable Manfred Novak to visit Russia, including the Northern Caucasus, in the nearest future in full compliance with his working methods, including the requirement for unhindered confidential interviews with prisoners; (3) to ratify Protocol 14 to the European Convention without any further delay; and (4) to make strong and systemic efforts to achieve effective implementation of ECtHR judgments both on the level of individual and general measures.