HUMAN RIGHTS COMMITTEE CONCLUDES REVIEW OF REPORT PRESENTED BY THE RUSSIAN FEDERATION

24 October 2003

The Human Rights Committee has concluded its review of the fifth periodic report of the Russian Federation on how that country was giving effect to the provisions of the International Covenant on Civil and Political Rights.
Yuri Y. Chaika, Minister of Justice of the Russian Federation, said that ensuring the effective protection of human rights and freedoms was one of the priorities both of internal and foreign policy of his country. Nowadays, all the activities of the Russian leadership were linked with ensuring human rights; and the acceleration of the country’s economic development created favourable conditions for pursuing an official policy that was more oriented to the protection of human rights and fundamental freedoms.
The President of the Chechen Republic of the Russian Federation, Akhamat-Khadzhi Kadyrov, noting the concerns of the Committee Experts over the fate of some people in the Russian Federation, particularly in Chechnya, said that the authorities were engaged in further work to normalize the situation. The information the Committee received from non-governmental organizations did not fully reflect the reality because acts committed by terrorist groups were rarely mentioned. As the President of Chechnya, he would set up a commission of inquiry to investigate all kinds of crimes committed in the territory by all sides; and he would defend and be the guarantor of the rights of citizens.
Experts raised a series of questions and comments, including on the equality of rights between men and women, cases of disappearances, and the situation in the Chechen Republic of the Russian Federation.
In preliminary remarks, Committee Chairperson Abdelfattah Amor reiterated the appreciation of the Committee for the efforts made by the delegation in providing information and responses to the questions. He was pleased with the dialogue, which he hoped would contribute to the further development of human rights in the Russian Federation. The progress made in the country was of great importance. There was however a feeling that things were not yet finished, he added.
The Committee will release its formal, written concluding observations and recommendations on the report of the Russian Federation towards the end of its three-week session, which will close on 7 November.
The Russian Federation was also represented by Leonid A. Skotnikov, Ambassador and Permanent Representative of the Russian Federation to the United Nations Office and other international organizations in Geneva; Akhmat-Khadzhi Kadyrov, President of the Chechen Republic of the Russian Federation; Vladimir V. Demidov, Judge, Supreme Court of the Russian Federation; Abdul-Khakim A. Sultygov, Special Representative of the President of the Russian Federation for Ensuring Human and Civil Rights and Freedoms in the Chechen Republic; Natalia A. Malysheva, First Deputy Minister of Labour and Social Development; Alexander A. Chekalin, Deputy Minister of the Interior; Yuri I. Kalinin, Deputy Minister of Justice; Evgeny N. Sidorenko, Deputy Minister of Justice; Vladimir I. Lysenko, Member of the Central Electoral Commission; Victor V. Milchenko, Head of Investigation Division, Federal Security Service; Nikolai I. Reznik, Head, Legal Department, Ministry of Educational Issues; Oleg V. Krasnyh, Head, Legal Department, Ministry of the Economic Development; Yuri M. Sindeev, Head, Administration Department, Ministry of Justice; Alexander E. Bavykin, Deputy Permanent Representative of the Russian Federation to the United Nations Office and other international organizations in Geneva.
Also, Vladimir P. Zimin, First Deputy Head, Department of International Cooperation, Ministry of Justice; Tatiana N. Moskalkova, Deputy Head, Main Legal Division, Ministry of the Interior; Mikhail A. Lebedev, Deputy Head, Department of International Humanitarian Cooperation and Human Rights, Ministry of Foreign Affairs; Konstantin L. Egorov, Head, Section of the Office of the Special Representative of the President of the Russian Federation for Ensuring Human and Civil Rights and Freedoms in the Chechen Republic; Oleg P. Sidorov, Head, First Section, Treaty and Legal Division, Federal Security Service; Ziyad M. Sabsabi, Assistant to the President of the Chechen Republic of the Russian Federation; Yuri A. Boichenko, Senior Counsellor, Sergey L. Chumarev, First Secretary and Alexey A. Akzhigitov, Permanent Mission of the Russian Federation in Geneva; Alexey A. Vlasov, Third Secretary, and Svetlana N. Artemyeva, Expert, Department on International Humanitarian Cooperation and Human Rights, Ministry of Foreign Affairs.
The Russian Federation is among the 150 States parties to the International Covenant and as such it is obligated to submit periodic reports to the Committee on how it was implementing the provisions of the treaty. A 26-member Russian delegation was on hand to present the report and provide further replies to questions raised by Committee Experts.
The next public meeting of the Committee will take place at 3 p.m. on Tuesday, 28 October, when the Committee will take up the second periodic report of Latvia (CCPR/C/LVA/2002/2).
Report of the Russian Federation
The fifth periodic report of the Russian Federation (CCPR/C/RUS/2002/5) contains information on the measures taken and progress made towards respect for the rights set forth in the International Covenant on Civil and Political Rights. With regard to article 1 of the Covenant, the report says that the federal concept of the State structure in Russia is grounded in a balance of the interests of equal constituent entities, having regard for their ethnic individuality and their geographical and other characteristics. The right to self-determination within the Russian Federation is given substance through various ethnic-cum-geographical units and autonomous ethnic cultural organizations.
Violating equality of human or civil rights on grounds of sex, race, nationality, language, attitude to religion or other circumstances is a general offence, the report says, referring to article 2 of the Covenant. The State’s constitutional obligation to provide anyone whose rights and liberties have been violated with effective means of legal protection is fleshed out in a series of laws and regulations. The post of Commissioner for Human Rights was instituted in accordance with the Constitution by a 1997 federal constitutional act. A Presidential Commission on Human Rights was also established to carry out the functions of the President as guarantor of the Constitution and human and civil rights and freedoms. It serves as an advisory to the President on human rights issues.
The report notes that in 1997, the State Duma (Parliament) adopted a legislative master plan on equal rights and opportunities for men and women which sets out a strategy for the development of Russian legislation on the prevention of sex discrimination. It covers men’s and women’s rights to equal participation in decision-making at all levels of the legislature, executive and judiciary and in local government authorities; social and labour rights; violence prevention and personal safety; preservation of reproductive health, motherhood and childhood; and the State machinery for guaranteeing men and women equal rights and opportunities.
The death penalty was retained in the Russian Criminal Code as an exceptional punishment, and the range of especially grave crimes for which it may be ordered is now limited to homicide and attempted homicide, the report says. Commutation of a death sentence into other forms of punishment has been introduced as a measure of clemency. A moratorium on executions introduced by the Presidential decree dated 16 May 1996 has been in effect in Russia for over six years.
The scale of trafficking in women in the Russian Federation has grown in recent years, the report notes. Like most other States, Russia has no official statistics on this problem.
Since submitting its fourth periodic report to the Committee, Russia has made substantial progress towards genuine implementation of constitutional rights and freedoms in criminal proceedings as required by the Covenant. Significant changes have occurred in criminal procedural legislation.
Presentation of Russian Report
YURI Y. CHAIKA, Minister of Justice of the Russian Federation, said that ensuring the effective protection of human rights and freedoms was one of the priorities both of internal and foreign policy of his country. That was a strategic stand of the Russian leadership based on the Constitution and again confirmed in President Putin’s presidential address to the Federal Assembly of the Russian Federation of 16 May 2003: “ Russia should be and will be a country with a developed civil society and sustainable democracy where human rights, civil and political liberties will be entirely ensured”.
Nowadays, all the activities of the Russian leadership were in fact linked with ensuring human rights, Mr. Chaika continued. The acceleration of the country’s economic development had created favourable conditions for pursuing an official policy that was more oriented to the protection of human rights and fundamental freedoms. In recent years, the measures aimed at the fundamental improvement of the status of rights secured by the Covenant had been carried out consistently and without deviation.
Mr. Chaika said the changes gave evidence that a necessary legal, political and institutional basis for the implementation of human rights and freedoms had been developed in the country. The level of observance of legality by State bodies was increasing. The principle of the rule of law and not the law of power, as had been the case until recently, was becoming the main principle in the activities of governmental bodies.
A very important and symbolic result of the accomplished work was that the process of positive changes in the observance of human rights was of onward and irreversible nature, the Minister said. State bodies together with civil society institutions were accumulating constantly the efforts towards that direction. The Russian State was very active in the field of the promotion and protection of human rights. It was important to note today that the comprehensive strategy and the political will of the Russian leadership were aimed at furthering and enhancing that process. One of the human rights activities of the Russian Federation was the progressive development of national legislation.
Mr. Chaika further said that one of the priorities of the Russian leadership was the observance of human rights and freedoms of detained and imprisoned persons. In recent years, during the reform of the penitentiary system, the situation of those persons had been considerably improved. Last summer, that work had been highly appreciated in a letter by the Deputy Secretary General of the Council of Europe to the Prime Minister of the Russian Federation. In September 1998, the penitentiary system of the Russian Federation was transferred from the authority of the Ministry of Interior to the Ministry of Justice. A number of laws were adopted in order to strengthen legal guarantees for ensuring rights and lawful interests of convicted persons, suspects and accused of crimes, and to create more humane prison conditions.
Mr. Chaika said that in the framework of the judicial reform, legal and organizational measures were being undertaken. Their main objectives were the ensuring of the effective judicial protection and strict observance of human rights and freedoms in accordance with universal norms and principles of international law. The setting up within the Russian judicial system of a new institution of the justices of peace, aimed at bringing closer the court to the needs of local population, constituted a crucial stage of the judicial reform. More than 5,500 justices of the peace had been nominated. In the previous year, they had heard more than two million civil cases, or half of the total number of cases examined by courts of general jurisdiction.
Turning to the situation in the Chechen Republic of the Russian Federation, the Minister said that everyone had no doubt that the regime of extremists that reigned Chechnya not long ago was an absolute negation of the rule of law in its democratic interpretation of human rights and freedoms. This year, in Chechnya, a referendum on the Constitution of the Chechen Republic had been held as well as the elections of the President of the Republic. The elections were alternative and the voting activity of the population was high, which clearly indicated the stabilization in the region and the intensification of the process of establishing the government institutions. Today, Chechnya was moving to a peaceful life, the economic system was recovering, people were coming back to their homes, and the population was getting compensation for lost property. However, the remains of groups of bandits were trying to wreck the political settlement process, sometimes by means of threats, murders and terrorist attacks against not only the representatives of the authorities but more against peaceful citizens.
Russia believed that the war against terrorism, both internal and international, should be conducted within the legal framework and in accordance with international law, with all the guarantees of the Covenant.
Concluding, Mr. Chaika said that in Russia, there was substantial work to be done regarding the issue of civil and political rights. The authorities were aware of many faults, but there were also certain objective obstacles in the way of Russia’s aspirations.
Discussion
Asked to provide information on existing procedures to ensure that decisions of the Constitution Court were implemented and that local authorities complied with federal law, and on the mechanisms in place to ensure that all presidential decrees and laws were in conformity with international human rights instruments, the delegation said that the mandatory aspect of the laws allowed their implementation in all areas. The Ministry of Justice should monitor the compatibility of decrees and other legislative measures with international treaties to which the country was signatory.
Requested to provide information on the procedures established to ensure that the recommendations of the Commissioner for Human Rights of the Russian Federation, whose mandate was created pursuant to a federal constitutional act of 1997, were taken into account and implemented, the delegation said the duties of the Commissioner were fixed by a constitutional act. The Commissioner could receive complaints from individuals and regions. His office also had the right to take initiatives to protect the rights of vulnerable groups of people, and the rights of individuals who were not able to defend themselves. The Commissioner had the right to address the Constitutional Court with complaints concerning individual citizens.
Individuals could complain about procedural violations to the Procurator’s Office in compliance with the First Optional Protocol to the Covenant, the delegation said.
The members of the Russian delegation were asked to clarify whether a state of emergency had been declared in Chechnya, to which they said that there was no such state of emergency at present. Following the presidential elections, the conditions for a state of emergency in Chechnya had disappeared. The settlement of the crisis did not take any measures against the basic human rights and fundamental freedoms.
Concerning the measures taken to strengthen programmes aimed at providing assistance to women in extreme poverty, the delegation said that the conditions of women in the Russian Federation had changed. Their active participation in the society was guaranteed by law and in practice. Women with children, particularly single parents, were provided with financial benefits and social assistance. The State Duma frequently discussed the problem of domestic violence; however, no legislation had so far been adopted. Responsibility for crimes of sexual violence had been established within a family by the introduction of legislation.
On the issue of the Political Parties Act of 2001, particularly on the improved participation of women in State and local government bodies, the delegation said that at present there were two parties headed by women, in addition to their representation in many of the political parties. The Act stated that one of the basic principles governing the activities of political parties was the creation of equal opportunities for men and women to be represented in the parties’ governing bodies, on their lists of candidates for elected office and in other elected positions in State and local government bodies.
Concerning trafficking in women, the delegation said that there was a positive trend in dealing with this issue. The commercial structure in which women were being trafficked, in the form of migration or adoption, for example, had been closely scrutinized. The Government had registered a certain number of crimes in relation to trafficking. The issue of trade in children had also drawn the attention of the State party. The Government was also making efforts in assisting victims of trafficking in persons. With regard to child adoption, the Government had accredited about 80 foreign organizations who dealt with adoption.
There was not a single person on death row in the Russian Federation, the delegation said, adding that this issue was covered by legislation. The State Duma was contemplating the adoption of legislation calling on the abolition of capital punishment, which would also pave the way for the ratification of the Second Optional Protocol to the Covenant.
A new form of supervision had been introduced to effectively regulate crimes committed within the army, the delegation said, replying to a question asked by the Committee about the measures taken to address the practice of violent hazing of conscripts in the armed forces. Breaches of the regulations on conduct between military personnel and incidents of officers striking their subordinates continued to be a serious problem in the armed forces and other military units in the Russian Federation. A hotline had been installed within the army to allow victims to inform the military authorities and to lodge complaints. The Russian military procurator’s office also drew on international experience in seeking to prevent non-regulation conduct.
On the proposals made by the Civil Forum in November 2001, the delegation said that the proposals and recommendations were to increase the penalties for torture. The Government had taken the proposal into consideration and an independent body would be constituted to handle complaints of torture with the procurator’s office. The Civil Forum aimed at coordination of efforts of state bodies, responsible political parties and non-government organizations, including human rights organizations, on the issue of consolidation of the society and stabilization in the country.
In the light of numerous and continued allegations of serious human rights violations against the Chechen civilian population by soldiers and Chechen fighters, the delegation was asked to provide information on the investigations that had been undertaken into such violations. In response, the delegation said that as of 1 April 2002, 30 servicemen had been convicted, including 10 for killing. Twelve servicemen were suspended from their duties and were given suspended prison sentences. In 2002, concerning serious cases of offences, the number of cases investigated had been increased. Judicial and procurator’s monitoring mechanisms had been implemented in the Chechen Republic. Since the exhumation of bodies was not allowed, it was extremely difficult to collect evidence against servicemen during the anti-terrorist campaign. Starting November 2002, the main procurator’s office had the obligation to be present when military personnel were involved.
Concerning reported incidents of large-scale abuses and killings of civilians in Chechnya in the locations of Alkhan Yurt, in December 1999, Sratopromyslovskii district of Grozny, in January 2000, and Novye Aldy district of Grozny, in February 2000, the delegation said that prompt investigations had been carried out by the military procurator of the country. While some corpses were found buried, no eyewitnesses were available to some of the crimes committed. However, investigations had led to the conviction of a number of servicemen, and penalties had been handed down.
Joint investigative groups had been established to look into cases of disappearances, the delegation said. In the context of disappearances, night patrols had been reinforced by the military and the personnel of the Ministry of Interior. The community had been asked to collaborate with the authorities for the prevention of disappearances. The police and the Ministry of Justice were carrying out the search for disappeared persons. Only this year, the Ministry of Justice had discovered the whereabouts of 700 persons, in addition to the 290 who had reappeared last year, including in Chechnya. About 40 per cent of people abducted were found. The issue of disappearances was partly attributed to the formation of armed gangs that abducted people as hostages to be exchanged for money. The resolution of the problem of disappearances was the return of refugees and internally displaced persons.
On the measures to stop the practice of arbitrary detention of persons at checkpoints in Chechnya for extortion purposes, the delegation said the authorities had taken every precaution so that such incidents would not take place.
Starting in 1998, the Government had reduced the cases of pre-trial detention and had reduced the number of prisons for such purposes, the delegation said. In order to reduce incidents of fatal illnesses in prisons, such as the contamination of inmates by tuberculosis, the Government had implemented hygienic measures to prevent the propagation of such illnesses.
An Expert said the report had been compiled in a very good manner and contained a wealth of information. The members of the delegation were also competent in providing additional information to the Committee. However, it was regrettable that the report was not submitted on time, as it had been scheduled to be considered by the Committee last summer. With regard to prisons, the Expert drew the attention of the delegation to the problems of overcrowding, including the spread of diseases within the prisons. Concerning the situation in Chechnya, although the State party said that a state of emergency was not promulgated in the region, there were instances of derogation of the basic human rights of Chechens. In relation to human rights violations, which also included cases of rape by armed servicemen, he wanted to know about the measures taken by the State party.
Recalling the incident of the hostage taking in a Moscow theatre a year ago and the subsequent deaths during the operation to liberate the hostages, the Expert said that the crisis had not been handled properly with the prompt presence of ambulances at the scene. The state agents were also involved in the killing of hostage takers, who were allegedly shot dead at the spot. The function of the anti-terrorist committee, established in accordance with the Security Council Resolution, should be clear.
Another Expert asked if cases of domestic violence had been brought before the courts and whether judgements were passed. He also asked the role of the State party in assisting poor mothers.
An Expert said that the composition of the delegation did not reflect gender equality which the State party was in favour of, and hoped that the next time such issues were considered. With regard to the comments made by the Committee on the previous periodic report of the Russian Federation, the Expert said that the State party should have reacted to the Committee’s comments. The same issue concerning Chechen had been raised again this time. Concerning the recommendations of the country’s Ombudsman, the Expert asked why some of his recommendations were not taken into consideration. A number of international non-governmental organizations had reported that several cases of disappearance had not been properly investigated.
Another Expert expressed concern about gender discrimination in the Russian Federation and asked what legislative measures had been taken against such discrimination. What results had been achieved following the implementation of these measures? He also said that there was no female federal minister; there were only two or three women members in the Federal Council; and the problem of domestic violence was also persisting. Women constituted 45 per cent of victims of crimes of killings. Did the provisions of the Covenant directly apply in courts? Were there instances where the provisions of the Covenant prevailed over the domestic law?
One Expert wanted to know how the justices of the peace operated as compared to other countries, such as the United Kingdom. Recently, the State Duma had adopted draft legislation on torture, and the Committee would like to have a copy of the law. The Supreme Court had given a directive to all courts in the country on how they should implement the provisions of international treaties, and it would be a good thing to have a copy of that directive too.
Another Committee member praised the effort of the Russian Federation for improving the situation of human rights. He said it was not easy to ensure a democratic set-up as required in the Covenant, particularly in situations of transition. With regard to the issue of rehabilitation, the Expert requested detailed information on the process involving individuals. What measures were taken against the problem of disappearances?
An Expert said that he had received information that the system of propiska (registration by place of residence) was still maintained despite the Committee’s recommendation to abolish it. With regard to Chechen, he said he was concerned about the discrepancies between the delegation’s description of the situation and the information the Committee received. According to the information made available to the Committee, there were cases of human rights violations by some non-state actors. He was informed that those who were involved in counter-terrorism acts were not held accountable for acts committed against the civilians.
Another Expert said she was impressed by the high level of delegation, which demonstrated the State party’s seriousness in its endeavour to implement the provisions of the Covenant. Since the decisions and the recommendations of the Commission of Human Rights were fully taken up by the legislative body, that institution was considered to be impotent. With regard to the conflict in Chechnya, at least 100,000 servicemen had been operating in the region for four years. The President of the Duma had made several statements on the abolition of the death penalty, except for terrorist acts. That might be the reason for the absence of a total ban on death sentences following the moratorium on the issue. Concerning detention procedures, she asked if doctors examined detainees on the first day of their arrest.
Concerning cases of disappearances in Chechnya, an Expert said that 35 per cent of disappeared persons were found alive. But how many were found in detention after their cases were attributed to disappearances? Although the State party had improved the conditions of the detention centres, there was still a concern about prison overcrowding. Despite the excellent guarantees detainees received, information was needed on the period which a person could spend in police custody.
Returning to questions raised by Committee Experts earlier, the members of the Russian delegation said that the State party had taken measures to cut down the number of detainees. There was still a problem of overcrowding, which had promoted the Government to take drastic changes in handling incarceral institutions. Material steps had also been undertaken in repair work and reconstruction of prisons. The sanitary conditions of inmates had been improved, and there was no shortage of medical supplies.
Cases of rape brought to the attention of the judicial authorities had been decreasing since in 1996, the delegation said. In 1997, 10,900 cases of rape were reported while last year 8,100 incidents were registered. In all cases, the police and judicial authorities thoroughly investigated them and handed down sentences against the perpetrators.
The delegation said that terrorists, mainly from the Chechen Republic, had been planting explosives in buildings which had killed a number of civilians. During the hostage taking of the Moscow theatre, the terrorists planned their acts in detail to inflict a heavy blow. The assault by the Special Forces had been carefully prepared to save the maximum of people. However, there were individuals who died as a result of suffocation.
Since 1996, the Russian Federation had maintained a moratorium on the death penalty, the delegation said. At present, there was a draft law before the State Duma concerning the total abolition of the death penalty as required by the Second Optional Protocol. However, because of the forthcoming parliamentary elections due in December, the discussion of the draft had been postponed to next year.
On the guarantees of the independence of the judiciary, the delegation said the Constitution provided for the independence of the judges in their performance. The Ministry of the Interior guaranteed the security of the judges and their families. When the authority of a judge was removed, the judge’s ability to sit at his bench would be reduced. If a judge violated the judicial ethics, he or she could be removed. Judges were paid twice the salary of a civil official in the Government.
There were about 3 million offences against women reported each year, the delegation said. Although there was no special legislation on the issue, the individual provisions in the Criminal Code were applied against the perpetrators of such offences. With regard to the presence of women deputies in the Duma, which was seven per cent, it could be considered as a violation of the rights of women in the State.
During the last eight years, a drastic change had taken place in Chechnya, the delegation said. It was the first time that the Chechens decided their own destiny in a referendum held this year. The referendum was not an end in itself, a Constitution had been adopted, together with the parliamentary elections that occurred in the territory. The people of Chechnya were also able to elect their own president under the principle of universal suffrage. A significant amount was being done to restore democratic society in the territory.
The principle of presumption of innocence was valid throughout the Russian Federation, including Chechnya with regard to detainees, the delegation said. Under conditions of terrorists’ acts and the difficulties encountered thereof, the procurator general had carried out his duties. Concerning disappearances, the number of individuals reported missing in Chechnya was higher than the average in the rest of the Russian Federation. The cases of disappearances were being investigated and it would continue. In Chechnya, 45 per cent of disappeared persons were found alive, either after being illegally detained or after coming out of hiding.
Acts of abduction were considered as serious offences punishable by prison terms, the delegation said. There was currently work being done at the Duma on the issue of trafficking in women, including recruiting women for the purpose of commercial sexual exploitation.
The institution of justices of the peace was not new to Russia, it was rather re-introduced, the delegation said. It was aimed at guaranteeing accessibility of justice to the ordinary citizens. The regular judicial system was being assisted by the work of the justices of the peace. The judicial authorities appointed the members of the justices of the peace. While the number of such institutions had been increased to 6,000, they had so far examined 1,048,000 cases.
The Russian authorities had always repressed the illegal use of arms by servicemen, the delegation said, adding that members of the armed forces and the police who participated in killings of innocent individuals had been sentenced to prison terms. Crimes of theft and hooliganism by security agents were also punished.
According to the new legal system, judicial arrests were carried out by the courts and not by the procurator general, as had been the practice in the past, the delegation said. Only courts were authorized to issue warrants to arrest any suspects.
With regard to the situation in Chechnya, the delegation said that the State party’s efforts were directed not only in finding a political solution to the crisis, but also to prepare the ground for the social and economic reconstruction of the territory.
Denial of legal counsel was impossible since it implied a denial of justice, the delegation said.
Individuals who committed crimes could be detained for 48 hours under police custody before appearing in court, the delegation said. Only the investigating judge could decide on the temporary release of the individual. If the detention centre was far away from the investigating judge, the individual could be placed in temporary detention cells.
The law on the right to the freedom of movement had stringent conditions providing for registration of places of residence, the delegation. It was believed that the registration of places of residence was essential during the existing conditions.
A draft presidential law on citizenship was being submitted to the State Duma with the aim of humanizing the current situation, the delegation said. Once the law was put in practice, many non-citizens could benefit from the provision of the law.
AKHMAT-KHADZHI KADYROV, the President of the Chechen Republic of the Russian Federation, noting the concerns of Committee Experts concerning the fate of some people in the Russian Federation, particularly in Chechnya, said that the authorities were engaged in further work to normalize the situation. The information the Committee received from non-governmental organizations (NGOs) did not fully reflect the reality. The NGOs rarely mentioned the crimes committed by the terrorists. While the Government was creating better conditions for people to lead decent lives, the terrorist groups were hindering people from returning to their homes. Once he would fully assume his presidency, he would set up a commission of inquiry to investigate all kinds of crimes committed in the territory by all sides. He said he was elected by a vote of 80 per cent of electors, which would give him confidence to carry out his future work. He would personally fight the terrorists who killed many civilians in his region. What he was doing was to defend the rights of citizens, and he would be a guarantor of their rights.
Asked to provide information on how the right to substitute alternative civilian service for military service was guaranteed, the delegation said that the Alternative Civilian Service Act of June 2002 contained a provision entitling a citizen of the Russian Federation to substitute alternative civilian service for military service in conformity with his convictions or beliefs. A commission should decide on the kind of job the individual should perform as alternative civilian service. The period of civilian service was longer than the military service. The Act would take effect on 1 January 2004.
The Federal Law on “Counteraction to Extremist Activities” of July 2002 did not affect the religious institutions operating in normal spheres, the delegation said. The Law affected those religious groups which disseminated hatred and lawlessness in the country. It did not in any manner affect the right to freedom of religion or belief.
The Russian judicial authorities were investigating the killings of 17 journalists assassinated in separate incidents, the delegation said. Criminal groups whose interests were affected by information either published or aired by journalists had targeted media workers. The State had been providing protection for those whose life had been threatened through technical assistance or by providing security escorts.
Because of lack of proper papers, 15,000 Meskethian Turks were not able to enjoy citizenship, the delegation said, adding that they had persistently refused to register. Their collaboration with local authorities would be essential in obtaining the Russian citizenship.
The Government, however, had continued its efforts in seeking solutions to the problem relating to Meskethian Turks.
Each year, 35,000 violent offences were committed in the Russian Federation against foreigners, the delegation said. It was undeniable that individuals suffered ill-treatment because of their origins. However, the State was doing its utmost to resolve such problems.
Experts continued raising questions, among other things, on the situation of indigenous peoples and the demarcation of their ancestral territories; the implementation of the principle of self-determination; the observation of a genuine pluralism with regard to the media, particularly television stations; the closure of a number of TV stations, some which directly opposed the President; the long procedure applied to asylum seekers; the situation of conscientious objectors in relation to the right to freedom of the religion; the dissemination of racist publications; the freeness and fairness of the Chechen elections; and different treatment given to non-traditional religious groups.
Responding, the Russian delegation said that the independence of the judiciary was guaranteed; there was no political pressure during their tenure of duty. Judges were appointed after being selected competitively. The Supreme Court and the Russian Arbitrary Court had initiated training programmes for judges. With regard to backlogs, there were backlogs in one out of ten cases.
There was no informal mediation that allowed the settlement of cases outside courts, the delegation said, adding that all cases were examined within the judicial system.
The members of the justices of the peace were people with wide experience and were selected on the basis of their experience and longstanding social respectability, the delegation said.
In order to maintain traditional crafts and vocations of the indigenous peoples, the Government had encouraged them to continue to retain their own territories and enrich their traditional values.
The Russian Federation had registered 9,908 asylum seekers from 23 countries, the delegation said. The authorities were doing their best to deal with the requests for asylum.
The Russian Government had resolved the problem of plurality with regard to television and the media in general, the delegation said. The issue was of honesty of the mass media rather than the issue of pluralism, which had been resolved a long time ago. The former boss of Mediamost, which was running MTV, had been involved in embezzlement and the company had been liquidated with the order of the court.
The delegation said it could not agree with the Expert who said that there were anti-Semitic attitudes fomented in the country. Certain groups, known for their extremist ideas, had been dealt with in the past.
On the question on national minorities, the delegation said that historically, the Russian Federation was a multi-ethnic and multicultural society. Fifteen autonomous ethnic organizations had been set up by the State.
At the federal level there was no problem involving religious groups, the delegation said. However, in the event conflicts were created, the groups could use the appropriate channels to bring their complaints to the attention of the judiciary.
Preliminary Remarks
ABDELFATTAH AMOR, Committee Chairperson, reiterated the appreciation of the Committee for the efforts made by the delegation in providing information and responses to the questions. He was pleased with the dialogue which he hoped would contribute to the further development of human rights in the Russian Federation. The progress made in the country was of great importance. There was however a feeling that things were not yet finished.
Mr. Amor said that the dialogue had been conducted between the Committee and the delegation, without the intervention of non-governmental organizations (NGOs). However, the Committee would continue to receive information from NGOs, to which he paid tribute; and the Committee would use them if they were well-founded and based on facts. Many of the recommendations made after the consideration of the fourth periodic report of the Russian Federation had not been fully implemented. There was a failure in complying with treaties signed by the State party if international conventions did not prevail over domestic legislation.
He said he was puzzled by the attitude of the State party towards terrorism. And although there were useful responses concerning refugees and minorities, it did not dispel all the questions concerning them.
Mr. Amor said the federal law on religions involved procedures which were not in conformity with the provisions of the Covenant.
Concluding, he said that the Committee’s concern was the prevalence of the Covenant over the domestic law of any State party, without any polemics.
Remarks by Delegation
YURI Y. CHAIKA, Minister of Justice of Russian Federation, said that he would submit written replies to the Committee concerning the pending questions and those not properly dealt with today. Non-governmental organizations in the Russian Federation had their work and they would continue to play an active role in the society.
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