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05 April 2000
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Commission on Human Rights
56th Session
Geneva, 5th April 2000
Item 4:- Report of the UN High Commissioner for Human Rights and follow up to the World Conference on Human Rights
Situation of Human Rights in Chechnya
in the Russian Federation
Mr. Chairman,
Distinguished members of the Commission,
Ladies and Gentlemen,
Introduction
In my opening address to the Commission I referred to the situation of human rights in Chechnya in the Russian Federation. I informed the Commission that I had asked, and the Russian authorities had accepted, that I visit the region to look into serious allegations of human rights violations. I visited the area from 31 March to 4 April and I should now like to report to the Commission on my mission. My visit included Ingushetia and Dagestan as well as Chechnya and I had a series of meetings in Moscow. I had meetings with Russian officials, with Russian and international non-governmental organisations, and with international organisations both before and during my mission.
I. Considerations
In seeking this visit I had in mind: my mandate as High Commissioner for Human Rights, the international standards, previous guidance of the Commission in regard to Chechnya, the position of the Russian authorities and submissions made to me by human rights organisations.
(a) My mandate: My mandate requires me to promote and protect the effective enjoyment by all of all civil, cultural, economic, political and social rights; to play an active role in removing current obstacles and to meet the challenges to the full realisation of all human rights; to prevent the continuation of human rights violations throughout the world; and to engage in a dialogue with all governments in the implementation of my mandate with a view to securing respect for all human rights. My contacts with the Government of the Russian Federation, my public statements, my offer to send a personal envoy and my visit to Chechnya were all made in the context of my mandate as High Commissioner.
(b) International Standards: I had in view the whole body of international human rights and humanitarian law and was also mindful of the Commission’s discussions of fundamental standards of humanity applicable in all situations.
(c) Guidance of the Commission: I recalled that the Commission on Human Rights has previously been seized with the situation of human rights in Chechnya. The Commission’s response to the situation in 1995 and 1996 dealt with evidence of grave violations of human rights in Chechnya and made calls on the Russian authorities which, in my view, placed a special duty of care on the Russian authorities.
On 24 April, 1996, the Commission endorsed a Chairperson’s statement which covered a wide range of issues including the disproportionate use of force by the armed forces of the Russian Federation, grave human rights violations, the high numbers of victims, the suffering that was inflicted on the civilian population and on displaced persons, and the severe destruction of Chechen towns and villages.
The Commission on Human Rights requested my predecessor as High Commissioner for Human Rights to continue consultations with the Government of the Russian Federation, on the basis of the situation in Chechnya, in order to secure the implementation of the objectives of the international community as reflected in the consensus statement and to foster confidence-building measures based on respect for human rights.
(d) Positions Taken by the Authorities of the Russian Federation: I was mindful of the positions taken by the Russian authorities, including in this Commission. I noted that Russian Representatives in this Commission had emphasised the importance of preserving the territorial integrity of the Russian Federation, of restoring constitutional order and of guaranteeing fully the rights and freedoms of the population. The Federal forces, so it was urged, were fighting to eliminate a stronghold of international terrorism. The Russian authorities were said to be acting in Chechnya within the limits of international law and that all possible measures had been taken to minimise civilian casualties. Reference was made to the setting up of the Office of the Special Representative of the President of the Russian Federation on Protecting Human Rights and Freedoms in Chechnya and to the involvement of experts from the Council of Europe. Reference was also made to visits to Chechnya by international delegations and to the accreditation of large numbers of foreign correspondents.
(e) Expressions of international concern: Many submissions have been made to my Office by national and international human rights organisations conveying details of allegations of gross violations of human rights. Before travelling, I gave to the Russian Government a list of some of the most serious allegations of human rights abuses that have been made, and told them that I would be raising these issues during my visit. I would draw the attention of the Commission in particular to the concerns expressed by experts of this Commission, which are appended in summary form. I have made a number of statements about the situation in Chechnya, both individually and jointly with other personalities, including both the Secretary General and the High Commissioner on National Minorities of the OSCE, and the Secretary General of the Council of Europe.
II. My Mission
On my arrival in Moscow on 31st March, I held meetings with international humanitarian organisations active in the north Caucasus and with Russian and international non-governmental organisations. Among the Russian NGOs I met were the human rights centre Memorial and the Organisation of Soldiers’ Mothers.
I also had discussions with the Russian Ombudsman, Mr. Oleg Mironov, who later accompanied me to the North Caucasus, as did the Special Representative of the President, Mr. Vladimir Kalamanov. I wish to put on record my appreciation of his and Mr. Mironov’s help, and that of the Federal authorities and the governments of the Republics of Ingushetia and Dagestan.
On 1st April I travelled to Nazran, the capital of Ingushetia, where I visited the Sleptzovskaya camp for internally displaced persons. I saw the main camp where thousands of people live in tents. I also saw some of the 96 railway carriages which house some 4,000 displaced persons. One carriage to which I went housed 45 people from 16 different families who told me that they had been there for six months. I was approached by many of the displaced persons, mainly women, who were distressed and made appeals for help. They were deeply concerned about what the future holds for them, about missing relatives - particularly those left behind in towns and villages which have been bombarded, and those taken to detention centres - about lack of healthcare, restrictions on travel and difficulties with identity documents.
I met President Aushev and heard from him about the efforts his government is making to cope with the flood of IDPs from Chechnya - whose number totals, according to the best estimates, 213,000 - and about the severe strains being placed on the local economy and host families.
During my visit to the region I heard allegations of mass killings, summary executions, rape, torture and pillage. On the evening of 1st April, I heard detailed firsthand testimony from witnesses of alleged gross violations of human rights abuses in Chechnya. I regard these direct accounts and personal testimony as a most significant part of the visit since they bear out the scale and the seriousness of the allegations of human rights violations by Russian military, militia and Ministry of Interior forces in Chechnya. For several hours I listened to harrowing accounts from direct witnesses to events. I was given photographs and videotape evidence, and shown the wounds and scars of those who had themselves been injured. The individuals were clearly traumatised by what they had endured, and frightened, but they gave detailed, precise answers to close questioning. They were earnest to be accurate in response to questions, but, of course, the events would need full investigation and verification.
I will describe three of these personal accounts, all of which shocked me by what they implied of how the military campaign is being conducted.
I listened to the account of a woman who, with two other women went back to the Staropromoslovsky district of Grozny on 21st January to check on their houses. She described abuse at checkpoints, insults, ransom extorted, and finally that the three women were blindfolded by troops whom she described as being from the regular army. They were taken to a destroyed house and the blindfolds removed. They pleaded desperately but the witness described how they shot the first woman and part of her head came off, how they then shot the second in the head, and how they shot her, but the bullet went through her shoulder and she collapsed. While semi-conscious she remembers having her earrings and ring pulled off and her clothes searched for money. The next sensation was of burning on her leg when mattresses had been placed over the three bodies and set alight. She managed to crawl away and was brought to a cellar where other people were hiding. Eventually she was able to be reunited with her family. Her injuries are serious and require urgent attention.
The second testimony I will mention is that of a woman and a man who said that they were present in Novi Aldi when mass killings were carried out by militia or OMON special forces. The woman testified that the forces killed many people, including children and old people. She directly witnessed the shooting dead of one man to whom she sought to give assistance. She helped with the burial of bodies and showed me photographs of the burials that had been taken by a friend. The man said that there were so many bodies after the killings in Novi Aldi that they could not bury them all as quickly as they should. They decided to make a video film on 9th February of the bodies still not buried so that there might be evidence of the extent of the civilians killed. He also testified that the killings had been carried out by OMON forces.
The third testimony I will mention is that of a woman who had been a professor of linguistics at the State University in Chechnya and lived in Katyr-Yama in Grozny. She and her family tried to stay, hoping the violence would stop, but on 25th October they could not stand it any more and decided they had to leave. They had been waiting for a promised humanitarian corridor and found themselves in a queue of several hundred cars at a checkpoint. A colonel came and said there was no humanitarian corridor and they should go back. They turned slowly because of the number of cars and began to return. She felt a sudden blow and the windows of the car shattered. Although wounded in the head, she and her family members got out and hid in a ditch. Wave after wave of aircraft came, flying very low, and bombed the convoy of cars. She knew her eldest son was in a car further back and ran to find him. On the way she saw many dead and dismembered bodies. Later that day, planes attacked again and there were more casualties. This happened near the village of Shaami-Yurt.
Other testimony gave detailed accounts of killings at Gekhi-Chu and Tangi-Chu; of torture and ill- treatment while in detention at Urus Martan and near Achkoi Martan; killing and looting at Katar-Yurt ; rape and ransom demands.
I visited Chechnya on 2nd April. I had asked to visit a number of locations but was informed that for reasons of weather and security it was only possible to go to the Staropromoslovsky district of Grozny. I had also asked to visit detention centres other than Chernokozovo which had been visited already. In the event, the detention centre to which I was brought housed only two women who were being held on charges of looting. I was accompanied in Grozny by a General and the commandant of the army in Grozny. I met the Acting Head of Administration, the Mayor of Grozny and the Deputy Civilian Prosecutor.
I visited a hospital and the small markets that are starting up, and managed to speak to some of the remaining residents of Grozny. These are mostly women and the elderly. They complained bitterly of lack of sufficient food and their miserable living conditions. Many were anxious about relatives who had been detained. Criticisms were made of the Chechen fighters for their callous disregard for the welfare of the civilian population. A point made by many Chechen women was "We are not all bandits".
The scale of the destruction in Grozny, even for those who have seen the television pictures, is shocking. In the central area it is difficult to find any building, large or small, which has not been destroyed or severely damaged. The sight of a city which was once famous in the Caucasus region reduced to rubble symbolises the devastating effect of the conflict.
I flew from Grozny to Makhachkala, the capital of Dagestan. There I met President Magamedov and representatives of his government. Weather conditions had not permitted me to land at the border areas where incursions by Chechen fighters had taken place, but I was able to meet two representatives of women’s groups who denounced the actions of Chechen fighters in strong terms, as did the President himself. The trauma of the attacks on a Republic which previously had friendly relations with Chechen people was evident. The view was expressed to me that the international community has shown insufficient interest in the grave violations committed against the people of Dagestan during the incursions which included significant loss of life and displacement of many Dagestani villagers in the affected areas.
In Moscow I was received by a number of senior Federal Ministers: the Deputy Prime Minister responsible for civil defence, emergencies and natural disasters, Mr. Sergei Shoigu; the Foreign Minister, Mr. Igor Ivanov; the Minster of the Interior, Mr. Vladimir Rushailo; and the Minister for Justice, Mr. Yury Chaika. I also had the opportunity to meet the First Deputy Commander of the Armed Forces, General Manilov, and the Chief Military Prosecutor, General Demin.
The main elaborations of the position of the Federal Government that emerged from these meetings, in addition to the points referred to earlier, were that the Russian government believes it is doing all that could be expected of it to allow international figures access to the conflict; that insufficent attention is paid to the human rights violations committed by Chechen fighters; acknowledgement that human rights violations have been committed by some of the military but assertions that they are not systematic and that steps are being taken to process cases (the recent arrest of an officer on rape and murder charges being referred to as evidence of this); emphasis on the fact that the Russian Federation will not be told what to do by outsiders; accusations of a lack of objectivity on the part of the media and the international community; the view that finishing the war is the top priority for the moment but that movement towards restoring normal life is already under way.
III. Assessment
My visit and especially the detailed firsthand accounts of serious human rights violations which were made to me and repeated by many others raise a number of issues that the Commission on Human Rights may wish to consider.
Universality of Human Rights
Firstly, there is the principle of universality which is the basis of the international community’s approach to human rights. The corollary is that there can be no selectivity when it comes to condemnation of violations of human rights. The people in Chechnya have human rights and are entitled to have these rights defended, as do the people of Dagestan and Ingushetia and all those living throughout the Russian Federation. It would be a grave injustice to demonise a group of people because of crimes committed by some.
Proportionality
Secondly, there is the issue of proportionality in the response of governments in conflict situations. The scale of military force used, and the heavy weaponry brought to bear in Chechnya, have caused widespread loss of civilian life and material destruction. It has been repeatedly alleged that due regard has not been taken of the safety of the civilian population. A fundamental principle of conflict situations is that the response must be proportionate to the threat and that every care must be taken to avoid civilian casualties and to observe international human rights and humanitarian law. I did not hesitate to raise the issue of proportionality before last year’s meeting of the Commission in regard to NATO’s bombing of the Former Yugoslavia; neither do I hesitate now to call on the Russian government to refrain from using heavy weaponry in populated areas which places civilian lives at risk.
Longer Term Prospects
Thirdly, there is the question of the longer term future of the people of Chechnya and the north Caucasus region. I confined my attention during the visit to my mandate in regard to human rights violations. But it is impossible to be unaware that, even were the fighting to end soon, daunting challenges lie ahead in restoring normal economic and social life. This is the second violent conflict in Chechnya in 6 years. It has resulted in many thousands of deaths, injuries and displacement and massive damage to the infrastructure. Any resolution of the conflict must include a blueprint which would hold out the prospect of rebuilding the infrastructure, restoring economic life and bringing long-term stability. Peaceful negotiated solutions must be found. All should eschew violence.
Humanitarian Assistance
Appreciation was expressed by the Russian authorities of humanitarian assistance by the international community but it was emphasised that more aid is urgently needed. I will raise this issue tomorrow when I meet the Secretary-General and the heads of the UN agencies in Rome. At my meetings in Russia I called for the humanitarian agencies to be allowed to carry out their work freely and safely and for any outstanding administrative and taxation issues to be resolved. The greatest concern for the humanitarian agencies, understandably, is the security situation.
The Need for a Credible Response
From the perspective of this Commission, the most pressing and immediate issue, in my view, concerns the adequacy and credibility of the response by the Russian authorities to the scale of allegations of gross human rights violations such as mass killings, extra-judicial, summary or arbitrary executions, violence against women, torture, arbitrary detention and pillage. Certain inquiries have been initiated and 9 criminal prosecutions have been opened for offences against civilians. But, bearing in mind the scale of allegations of violations and the depth of bitterness, resentment and grievance of the civilian population which I encountered, I believe that a different level of response is needed.
For this reason, I focussed in my discussions in Moscow yesterday with Foreign Minister Ivanov, and with other Ministers and officials, on encouraging the establishment, according to recognized international standards, of a national, broad-based independent Commission of Inquiry into the serious allegations that have already come to attention, and into any further egregious cases.
I fully recognise the complexity of the internal problems stemming from concern at the serious crimes committed against innocent civilians in Dagestan following the armed incursions there, the crimes of kidnapping, murder and cruel actions of the Chechen rebels, and the need to counter terrorist activities. Nevertheless, the primary responsibility for addressing human rights violations, as recognised internationally, rests with the Russian authorities and I firmly believe it requires a sustained, effective national response. As the Secretary-General told this Commission yesterday: International Human Rights Law makes clear that every Government must be able to show that it has in place a system of protecting human rights - No Government can rest, and no people should remain satisfied, until this aim is achieved.
I have offered to send further information on models of National Commissions of Inquiry and have offered expert advice and support should the Russian authorities decide to establish such an Inquiry.
International Dimension
Finally, there is the issue of the appropriate response at the international level. I have no hesitation in saying, in the light of the information made available to me and my visit to the region, that the scale of serious allegations of gross human rights violations warrants international attention and concern. This is particularly true in the light of eye witness accounts of mass killings, of summary executions, of rape and of widespread pillage, together with the disproportionate use of heavy armaments in populated areas. In this connection allow me to recall that, most recently, in the context of another urgent situation, the Commission supported both a National Commission of Inquiry and an international Commission of Inquiry.
Although the primary responsibility and Aownership@ of the responsibility for human rights violations rests, clearly, with the Russian authorities, United Nations human rights mechanisms, including this Commission, have played an important role in the past and, I believe, can play it again in the present context. In the light of the alleged scale of human rights violations, cooperation with the Commission=s mechanisms is of crucial importance. Visits by Special Rapporteurs or Representatives are thus among those steps which might be considered in order to have a better assessment of the facts. In this connection, I understand that the Representative of the Secretary-General on Internally Displaced Persons and the Special Rapporteur of the Commission on Extrajudicial, Summary or Arbitrary Executions have requested the possibility to undertake visits in the Region and I express the wish that this will be responded to positively in the near future. It would be up to the Commission to envisage a potential role for any other mechanism.
I welcome the agreement of the Russian authorities to provide access by the International Committee of the Red Cross to places of detention in Chechnya. I support the seconding by the Council of Europe of three experts to work with the Special Representative of the President, Mr. Kalamanov. I am also encouraged by steps to enable OSCE to fulfill the mandate of the Assistance Group.
Lastly, I have been invited by Foreign Minister Ivanov to return on a visit to Moscow, Chechnya and the northern Caucasus in two or three months time to assess the situation again at first hand, and I hope to be in a position to take up this invitation.
Thank you.
56th Session
Geneva, 5th April 2000
Item 4:- Report of the UN High Commissioner for Human Rights and follow up to the World Conference on Human Rights
Situation of Human Rights in Chechnya
in the Russian Federation
Mr. Chairman,
Distinguished members of the Commission,
Ladies and Gentlemen,
Introduction
In my opening address to the Commission I referred to the situation of human rights in Chechnya in the Russian Federation. I informed the Commission that I had asked, and the Russian authorities had accepted, that I visit the region to look into serious allegations of human rights violations. I visited the area from 31 March to 4 April and I should now like to report to the Commission on my mission. My visit included Ingushetia and Dagestan as well as Chechnya and I had a series of meetings in Moscow. I had meetings with Russian officials, with Russian and international non-governmental organisations, and with international organisations both before and during my mission.
I. Considerations
In seeking this visit I had in mind: my mandate as High Commissioner for Human Rights, the international standards, previous guidance of the Commission in regard to Chechnya, the position of the Russian authorities and submissions made to me by human rights organisations.
(a) My mandate: My mandate requires me to promote and protect the effective enjoyment by all of all civil, cultural, economic, political and social rights; to play an active role in removing current obstacles and to meet the challenges to the full realisation of all human rights; to prevent the continuation of human rights violations throughout the world; and to engage in a dialogue with all governments in the implementation of my mandate with a view to securing respect for all human rights. My contacts with the Government of the Russian Federation, my public statements, my offer to send a personal envoy and my visit to Chechnya were all made in the context of my mandate as High Commissioner.
(b) International Standards: I had in view the whole body of international human rights and humanitarian law and was also mindful of the Commission’s discussions of fundamental standards of humanity applicable in all situations.
(c) Guidance of the Commission: I recalled that the Commission on Human Rights has previously been seized with the situation of human rights in Chechnya. The Commission’s response to the situation in 1995 and 1996 dealt with evidence of grave violations of human rights in Chechnya and made calls on the Russian authorities which, in my view, placed a special duty of care on the Russian authorities.
On 24 April, 1996, the Commission endorsed a Chairperson’s statement which covered a wide range of issues including the disproportionate use of force by the armed forces of the Russian Federation, grave human rights violations, the high numbers of victims, the suffering that was inflicted on the civilian population and on displaced persons, and the severe destruction of Chechen towns and villages.
The Commission on Human Rights requested my predecessor as High Commissioner for Human Rights to continue consultations with the Government of the Russian Federation, on the basis of the situation in Chechnya, in order to secure the implementation of the objectives of the international community as reflected in the consensus statement and to foster confidence-building measures based on respect for human rights.
(d) Positions Taken by the Authorities of the Russian Federation: I was mindful of the positions taken by the Russian authorities, including in this Commission. I noted that Russian Representatives in this Commission had emphasised the importance of preserving the territorial integrity of the Russian Federation, of restoring constitutional order and of guaranteeing fully the rights and freedoms of the population. The Federal forces, so it was urged, were fighting to eliminate a stronghold of international terrorism. The Russian authorities were said to be acting in Chechnya within the limits of international law and that all possible measures had been taken to minimise civilian casualties. Reference was made to the setting up of the Office of the Special Representative of the President of the Russian Federation on Protecting Human Rights and Freedoms in Chechnya and to the involvement of experts from the Council of Europe. Reference was also made to visits to Chechnya by international delegations and to the accreditation of large numbers of foreign correspondents.
(e) Expressions of international concern: Many submissions have been made to my Office by national and international human rights organisations conveying details of allegations of gross violations of human rights. Before travelling, I gave to the Russian Government a list of some of the most serious allegations of human rights abuses that have been made, and told them that I would be raising these issues during my visit. I would draw the attention of the Commission in particular to the concerns expressed by experts of this Commission, which are appended in summary form. I have made a number of statements about the situation in Chechnya, both individually and jointly with other personalities, including both the Secretary General and the High Commissioner on National Minorities of the OSCE, and the Secretary General of the Council of Europe.
II. My Mission
On my arrival in Moscow on 31st March, I held meetings with international humanitarian organisations active in the north Caucasus and with Russian and international non-governmental organisations. Among the Russian NGOs I met were the human rights centre Memorial and the Organisation of Soldiers’ Mothers.
I also had discussions with the Russian Ombudsman, Mr. Oleg Mironov, who later accompanied me to the North Caucasus, as did the Special Representative of the President, Mr. Vladimir Kalamanov. I wish to put on record my appreciation of his and Mr. Mironov’s help, and that of the Federal authorities and the governments of the Republics of Ingushetia and Dagestan.
On 1st April I travelled to Nazran, the capital of Ingushetia, where I visited the Sleptzovskaya camp for internally displaced persons. I saw the main camp where thousands of people live in tents. I also saw some of the 96 railway carriages which house some 4,000 displaced persons. One carriage to which I went housed 45 people from 16 different families who told me that they had been there for six months. I was approached by many of the displaced persons, mainly women, who were distressed and made appeals for help. They were deeply concerned about what the future holds for them, about missing relatives - particularly those left behind in towns and villages which have been bombarded, and those taken to detention centres - about lack of healthcare, restrictions on travel and difficulties with identity documents.
I met President Aushev and heard from him about the efforts his government is making to cope with the flood of IDPs from Chechnya - whose number totals, according to the best estimates, 213,000 - and about the severe strains being placed on the local economy and host families.
During my visit to the region I heard allegations of mass killings, summary executions, rape, torture and pillage. On the evening of 1st April, I heard detailed firsthand testimony from witnesses of alleged gross violations of human rights abuses in Chechnya. I regard these direct accounts and personal testimony as a most significant part of the visit since they bear out the scale and the seriousness of the allegations of human rights violations by Russian military, militia and Ministry of Interior forces in Chechnya. For several hours I listened to harrowing accounts from direct witnesses to events. I was given photographs and videotape evidence, and shown the wounds and scars of those who had themselves been injured. The individuals were clearly traumatised by what they had endured, and frightened, but they gave detailed, precise answers to close questioning. They were earnest to be accurate in response to questions, but, of course, the events would need full investigation and verification.
I will describe three of these personal accounts, all of which shocked me by what they implied of how the military campaign is being conducted.
I listened to the account of a woman who, with two other women went back to the Staropromoslovsky district of Grozny on 21st January to check on their houses. She described abuse at checkpoints, insults, ransom extorted, and finally that the three women were blindfolded by troops whom she described as being from the regular army. They were taken to a destroyed house and the blindfolds removed. They pleaded desperately but the witness described how they shot the first woman and part of her head came off, how they then shot the second in the head, and how they shot her, but the bullet went through her shoulder and she collapsed. While semi-conscious she remembers having her earrings and ring pulled off and her clothes searched for money. The next sensation was of burning on her leg when mattresses had been placed over the three bodies and set alight. She managed to crawl away and was brought to a cellar where other people were hiding. Eventually she was able to be reunited with her family. Her injuries are serious and require urgent attention.
The second testimony I will mention is that of a woman and a man who said that they were present in Novi Aldi when mass killings were carried out by militia or OMON special forces. The woman testified that the forces killed many people, including children and old people. She directly witnessed the shooting dead of one man to whom she sought to give assistance. She helped with the burial of bodies and showed me photographs of the burials that had been taken by a friend. The man said that there were so many bodies after the killings in Novi Aldi that they could not bury them all as quickly as they should. They decided to make a video film on 9th February of the bodies still not buried so that there might be evidence of the extent of the civilians killed. He also testified that the killings had been carried out by OMON forces.
The third testimony I will mention is that of a woman who had been a professor of linguistics at the State University in Chechnya and lived in Katyr-Yama in Grozny. She and her family tried to stay, hoping the violence would stop, but on 25th October they could not stand it any more and decided they had to leave. They had been waiting for a promised humanitarian corridor and found themselves in a queue of several hundred cars at a checkpoint. A colonel came and said there was no humanitarian corridor and they should go back. They turned slowly because of the number of cars and began to return. She felt a sudden blow and the windows of the car shattered. Although wounded in the head, she and her family members got out and hid in a ditch. Wave after wave of aircraft came, flying very low, and bombed the convoy of cars. She knew her eldest son was in a car further back and ran to find him. On the way she saw many dead and dismembered bodies. Later that day, planes attacked again and there were more casualties. This happened near the village of Shaami-Yurt.
Other testimony gave detailed accounts of killings at Gekhi-Chu and Tangi-Chu; of torture and ill- treatment while in detention at Urus Martan and near Achkoi Martan; killing and looting at Katar-Yurt ; rape and ransom demands.
I visited Chechnya on 2nd April. I had asked to visit a number of locations but was informed that for reasons of weather and security it was only possible to go to the Staropromoslovsky district of Grozny. I had also asked to visit detention centres other than Chernokozovo which had been visited already. In the event, the detention centre to which I was brought housed only two women who were being held on charges of looting. I was accompanied in Grozny by a General and the commandant of the army in Grozny. I met the Acting Head of Administration, the Mayor of Grozny and the Deputy Civilian Prosecutor.
I visited a hospital and the small markets that are starting up, and managed to speak to some of the remaining residents of Grozny. These are mostly women and the elderly. They complained bitterly of lack of sufficient food and their miserable living conditions. Many were anxious about relatives who had been detained. Criticisms were made of the Chechen fighters for their callous disregard for the welfare of the civilian population. A point made by many Chechen women was "We are not all bandits".
The scale of the destruction in Grozny, even for those who have seen the television pictures, is shocking. In the central area it is difficult to find any building, large or small, which has not been destroyed or severely damaged. The sight of a city which was once famous in the Caucasus region reduced to rubble symbolises the devastating effect of the conflict.
I flew from Grozny to Makhachkala, the capital of Dagestan. There I met President Magamedov and representatives of his government. Weather conditions had not permitted me to land at the border areas where incursions by Chechen fighters had taken place, but I was able to meet two representatives of women’s groups who denounced the actions of Chechen fighters in strong terms, as did the President himself. The trauma of the attacks on a Republic which previously had friendly relations with Chechen people was evident. The view was expressed to me that the international community has shown insufficient interest in the grave violations committed against the people of Dagestan during the incursions which included significant loss of life and displacement of many Dagestani villagers in the affected areas.
In Moscow I was received by a number of senior Federal Ministers: the Deputy Prime Minister responsible for civil defence, emergencies and natural disasters, Mr. Sergei Shoigu; the Foreign Minister, Mr. Igor Ivanov; the Minster of the Interior, Mr. Vladimir Rushailo; and the Minister for Justice, Mr. Yury Chaika. I also had the opportunity to meet the First Deputy Commander of the Armed Forces, General Manilov, and the Chief Military Prosecutor, General Demin.
The main elaborations of the position of the Federal Government that emerged from these meetings, in addition to the points referred to earlier, were that the Russian government believes it is doing all that could be expected of it to allow international figures access to the conflict; that insufficent attention is paid to the human rights violations committed by Chechen fighters; acknowledgement that human rights violations have been committed by some of the military but assertions that they are not systematic and that steps are being taken to process cases (the recent arrest of an officer on rape and murder charges being referred to as evidence of this); emphasis on the fact that the Russian Federation will not be told what to do by outsiders; accusations of a lack of objectivity on the part of the media and the international community; the view that finishing the war is the top priority for the moment but that movement towards restoring normal life is already under way.
III. Assessment
My visit and especially the detailed firsthand accounts of serious human rights violations which were made to me and repeated by many others raise a number of issues that the Commission on Human Rights may wish to consider.
Universality of Human Rights
Firstly, there is the principle of universality which is the basis of the international community’s approach to human rights. The corollary is that there can be no selectivity when it comes to condemnation of violations of human rights. The people in Chechnya have human rights and are entitled to have these rights defended, as do the people of Dagestan and Ingushetia and all those living throughout the Russian Federation. It would be a grave injustice to demonise a group of people because of crimes committed by some.
Proportionality
Secondly, there is the issue of proportionality in the response of governments in conflict situations. The scale of military force used, and the heavy weaponry brought to bear in Chechnya, have caused widespread loss of civilian life and material destruction. It has been repeatedly alleged that due regard has not been taken of the safety of the civilian population. A fundamental principle of conflict situations is that the response must be proportionate to the threat and that every care must be taken to avoid civilian casualties and to observe international human rights and humanitarian law. I did not hesitate to raise the issue of proportionality before last year’s meeting of the Commission in regard to NATO’s bombing of the Former Yugoslavia; neither do I hesitate now to call on the Russian government to refrain from using heavy weaponry in populated areas which places civilian lives at risk.
Longer Term Prospects
Thirdly, there is the question of the longer term future of the people of Chechnya and the north Caucasus region. I confined my attention during the visit to my mandate in regard to human rights violations. But it is impossible to be unaware that, even were the fighting to end soon, daunting challenges lie ahead in restoring normal economic and social life. This is the second violent conflict in Chechnya in 6 years. It has resulted in many thousands of deaths, injuries and displacement and massive damage to the infrastructure. Any resolution of the conflict must include a blueprint which would hold out the prospect of rebuilding the infrastructure, restoring economic life and bringing long-term stability. Peaceful negotiated solutions must be found. All should eschew violence.
Humanitarian Assistance
Appreciation was expressed by the Russian authorities of humanitarian assistance by the international community but it was emphasised that more aid is urgently needed. I will raise this issue tomorrow when I meet the Secretary-General and the heads of the UN agencies in Rome. At my meetings in Russia I called for the humanitarian agencies to be allowed to carry out their work freely and safely and for any outstanding administrative and taxation issues to be resolved. The greatest concern for the humanitarian agencies, understandably, is the security situation.
The Need for a Credible Response
From the perspective of this Commission, the most pressing and immediate issue, in my view, concerns the adequacy and credibility of the response by the Russian authorities to the scale of allegations of gross human rights violations such as mass killings, extra-judicial, summary or arbitrary executions, violence against women, torture, arbitrary detention and pillage. Certain inquiries have been initiated and 9 criminal prosecutions have been opened for offences against civilians. But, bearing in mind the scale of allegations of violations and the depth of bitterness, resentment and grievance of the civilian population which I encountered, I believe that a different level of response is needed.
For this reason, I focussed in my discussions in Moscow yesterday with Foreign Minister Ivanov, and with other Ministers and officials, on encouraging the establishment, according to recognized international standards, of a national, broad-based independent Commission of Inquiry into the serious allegations that have already come to attention, and into any further egregious cases.
I fully recognise the complexity of the internal problems stemming from concern at the serious crimes committed against innocent civilians in Dagestan following the armed incursions there, the crimes of kidnapping, murder and cruel actions of the Chechen rebels, and the need to counter terrorist activities. Nevertheless, the primary responsibility for addressing human rights violations, as recognised internationally, rests with the Russian authorities and I firmly believe it requires a sustained, effective national response. As the Secretary-General told this Commission yesterday: International Human Rights Law makes clear that every Government must be able to show that it has in place a system of protecting human rights - No Government can rest, and no people should remain satisfied, until this aim is achieved.
I have offered to send further information on models of National Commissions of Inquiry and have offered expert advice and support should the Russian authorities decide to establish such an Inquiry.
International Dimension
Finally, there is the issue of the appropriate response at the international level. I have no hesitation in saying, in the light of the information made available to me and my visit to the region, that the scale of serious allegations of gross human rights violations warrants international attention and concern. This is particularly true in the light of eye witness accounts of mass killings, of summary executions, of rape and of widespread pillage, together with the disproportionate use of heavy armaments in populated areas. In this connection allow me to recall that, most recently, in the context of another urgent situation, the Commission supported both a National Commission of Inquiry and an international Commission of Inquiry.
Although the primary responsibility and Aownership@ of the responsibility for human rights violations rests, clearly, with the Russian authorities, United Nations human rights mechanisms, including this Commission, have played an important role in the past and, I believe, can play it again in the present context. In the light of the alleged scale of human rights violations, cooperation with the Commission=s mechanisms is of crucial importance. Visits by Special Rapporteurs or Representatives are thus among those steps which might be considered in order to have a better assessment of the facts. In this connection, I understand that the Representative of the Secretary-General on Internally Displaced Persons and the Special Rapporteur of the Commission on Extrajudicial, Summary or Arbitrary Executions have requested the possibility to undertake visits in the Region and I express the wish that this will be responded to positively in the near future. It would be up to the Commission to envisage a potential role for any other mechanism.
I welcome the agreement of the Russian authorities to provide access by the International Committee of the Red Cross to places of detention in Chechnya. I support the seconding by the Council of Europe of three experts to work with the Special Representative of the President, Mr. Kalamanov. I am also encouraged by steps to enable OSCE to fulfill the mandate of the Assistance Group.
Lastly, I have been invited by Foreign Minister Ivanov to return on a visit to Moscow, Chechnya and the northern Caucasus in two or three months time to assess the situation again at first hand, and I hope to be in a position to take up this invitation.
Thank you.