RIGHTS EXPERTS CONCERNED OVER REMARKS ON COUNTER-TERRORISM BY RUSSIAN OFFICIAL

4 November 2004


The Chairperson-Rapporteur of the Working Group on Arbitrary Detention of the United Nations Commission on Human Rights and the Chairperson-Rapporteur of the Commission’s Working Group on Enforced or Involuntary Disappearances issued the following statement today:

The Chairperson-Rapporteur of the Working Group on Arbitrary Detention of the United Nations Commission on Human Rights, Leïla Zerrougui, and the Chairperson-Rapporteur of the Working Group on Enforced or Involuntary Disappearances, Stephen J. Toope, express their grave concern over the recent statement by the Prosecutor General of the Russian Federation, Vladimir Ustinov, calling for a law to allow the authorities to detain relatives of terrorists by force as a measure against hostage-taking.

Mr. Ustinov, in a 29 October 2004 statement before the State Duma, proposed to use the detention of terrorists' relatives as a negotiating tool during hostage crises to simplify the judicial process in terrorism cases.

Ms. Zerrougui and Mr. Toope, independent UN experts, condemn terrorism and affirm that all States have the right and duty to take effective measures against acts of terrorism. They consider, however, that the Prosecutor General's remarks run counter to the principles of international law. Detaining innocent people as hostages of the State in order to combat abductions and terrorism is contrary to the most elemental international human rights principles and norms.

The Prosecutor General has, according to the Constitution of the Russian Federation, the responsibility to ensure the observance of the law. His proposal goes against not only international law, but also against the Russian Constitution and internal law, they recall.

In this respect, Ms. Zerrougui and Mr. Toope also recall the statement of the United Nations Secretary-General to the Security Council’s Counter-Terrorism Committee on 6 March 2003, in which he said: “Our responses to terrorism as well as our efforts to thwart it and prevent it should uphold the human rights that terrorists aim to destroy. Human rights, fundamental freedoms and the rule of law are essential tools in the effort to combat terrorism - not privileges to be sacrificed at a time of tension.

The independent UN experts call upon the Parliament and the Government of the Russian Federation to ensure that Russian laws, policies and practices to combat hostage-taking and terrorism meet fully fundamental principles of international law and international human rights standards. They add that the right not to be deprived arbitrarily of liberty and the consequent prohibition against arbitrary detention and security of the person are fundamental components of international human rights law.