Human Rights in Russian Federation - Extrajudicial, Summary or Arbitrary Executions

The record of correspondence for 2007 is excerpted from the official United Nations report, A/HRC/4/20/Add.1.

Russian Federation: Deaths in Custody of Anzor Umaev and Ilman Umaev

Violation alleged: Deaths in custody; Deaths due to attacks or killings by security forces

The Special Rapporteur appreciates the preliminary information provided by the Government of the Russian Federation with respect to the cases of Anzor Umaev and Ilman Umaev. The SR would request that he be informed of the results of the criminal proceedings to which the Government’s response refers.

Letter of allegation dated 21 April 2006 sent with the Special Rapporteur on the question of torture

In this connection, we would like to bring to your to your Government’s attention information we have received concerning Umaev Ilman, 22 years, Umaev Anzor, 33 years and Umaev Issa, 52 years. According to the information received,

On 18 April at 5 am, these three persons together with Ilman Umaev's wife, Madina Umaeva, were arrested in Sayasan village, Nozhay-Yurtovskii District, Chechnya, in the house of Ilman Umaev by a division of fighters called "Groza". When they were being taken, Issa Umaev was badly beaten and Anzor Umaev sustained grave injuries. Around 4 pm the same day, Ilman and Anzor Umaev were found dead at a crossroad close to Sayasan village. They had been redressed as if they were separatists. The remaining two, the father and wife of one of the victims, were released.

While we do not wish to prejudge the accuracy of these allegations, we would like to stress that each Government has the obligation to protect the right to physical and mental integrity of all persons. This right is set forth inter alia in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention against Torture. We would also like to draw your Government’s attention to Principle 4 of the UN Basic Principles on the Use of Force and Firearms by Law Officials, which provides that, "Law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms.” Furthermore, Principle 5 provides that, “Whenever the use of force and firearms is unavoidable law enforcement officials shall, (a) Exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate object to be achieved; (b) Minimize damage and injury, and respect and preserve human life; (c) Ensure that assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment and (d) Ensure that relatives or close friends of the injured or affected person are notified at the earliest possible moment." (Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990).

We urge your Government to take all necessary measures to ensure the accountability of any person guilty of the alleged violations. We also request that your Government adopts effective measures to prevent the recurrence of these acts.

Moreover, it is our responsibility under the mandates provided to us by the Commission on Human Rights and reinforced by the appropriate resolutions of the General Assembly, to seek to clarify all cases brought to our attention. We would be grateful for your cooperation and your observations on the following matters:

3. Please provide the details, and where available the results, of any investigation, medical examinations, and judicial or other inquiries which may have been carried out in relation to this case. If no inquiries have taken place or if they have been inconclusive please explain why.

4. In the event that the alleged perpetrators are identified, please provide the full details of any prosecutions which have been undertaken; Have penal, disciplinary or administrative sanctions been imposed on the alleged perpetrators?

5. Please indicate whether compensation has been provided to the victims/ the family of the victims.

On 18 April 2006, in the settlement of Sayasan, in the Nozhai-Yurt district of the Chechen Republic, during the conduct of a targeted check, officers of the Ministry of Internal Affairs of the Chechen Republic came up against resistance from I.E. Umaev and A.A. Umaev, members of an illegal armed gang. During the armed clash, two police officers, M. Ilyasov and U.I. Badidov, were wounded. Firearms and other munitions were seized at the place of the encounter. In response to this assault on the lives of law-enforcement officers, on 18 April 2006 the Nozhai-Yurt district procurator’s office in the Chechen Republic instituted criminal case No. 62007 on the evidence of the commission of an offence under article 317 of the Criminal Code of the Russian Federation (Attack against the life of a law-enforcement officer).

A.A. Umaev and I.E. Umaev were arrested and transferred to the town of Gudermes in the Chechen Republic, where they agreed to reveal their stash of weapons.

Later that same day they were escorted by internal affairs officers of the Chechen Republic to the outskirts of the settlement Sayasan for the purposes of verifying evidence at the scene of the offence. During the inspection of the scene, A.A. Umaev picked up a grenade and tried to throw it at the police officers. The latter, acting both to prevent an explosion and to stop their detainees from escaping, opened fire with their standard-issue weapons, inflicting gunshot wounds on both A.A. Umaev and I.E. Umaev, from which both men later died on the spot.

In response to this incident, on 12 May 2006, the procurator’s office of the Chechen Republic instituted criminal proceedings on the basis of evidence of the commission of offences under article 105, paragraph (a) (Murder) and article 286, paragraphs (b) and (c) (Exceeding official authority) of the Criminal Code of the Russian Federation. A range of investigative actions and detective work is currently being carried out.

In addition, an in-house inquiry is being conducted by the internal security office in the Ministry of Foreign Affairs of the Chechen Republic relating to the death of the Umaevs.

The Special Rapporteur appreciates the information provided by the Government of the Russian Federation. The SR would request that he be informed of the results of the ongoing investigations and pending criminal proceedings to which the Government’s response refers. As to the completed cases, the SR notes that the Government’s response failed to provide any information as to sentences for those convicted or compensation for the victims, as requested in the original communication of the SR.

I would like to bring to your Government’s attention information I have received regarding the killing of Anna Politkovskaya on 7 October 2006 whose body was found with two gunshots in the elevator of her apartment building. According to the information I have received, her murder appears to have been a contract killing and is believed to be linked to her investigative reports on human rights abuses by the Russian military in Chechnya. Ms. Politkovskaya was due to publish an investigative article on 9 October 2006 about torture and kidnappings in Chechnya based on witness accounts and photos of tortured bodies.

I welcome President Vladimir Putin's public condemnation of the murder of journalist Anna Politkovskaya, and am aware that the Moscow General Prosecutor’s office has opened a murder investigation into her death. I call on your Excellency’s Government to ensure that the death of Ms Politkovskaya is promptly, independently and thoroughly investigated, in accordance with the United Nations principles on the effective prevention and investigation of extra-legal, arbitrary and summary executions.

This killing is all the more concerning given the allegation that a total of 13 journalists have been killed in Russia since the year 2000 because of their reporting activities. Many of these cases appear to share common elements. In particular, a majority of the victims are reported to have been shot or hit at point-blank range by unidentified gunmen in contract style murders. All journalists appear to have been targeted because of their attempts to investigate allegations of corruption or of human rights abuses in the Chechen conflict. According to the information received the investigations into these killings have been inconclusive and the perpetrators have not been found.

According to the information received, Igor Domnikov, reporter and editor for the Moscow paper Novaya Gazeta, died on 12 May 2002 after being struck in the head with a heavy object in the entryway of his apartment building. It is believed that the assailant have mistaken him for Novaya Gazeta investigative reporter Oleg Sultanov, who lived in the same building and received threats after reporting on oil industry corruption.

Sergey Novikov, owner of the independent Vesna Radio Station, was shot four times in the staircase of his apartment building on 26 July 2000. Three days before the killing, Novikov participated in a television panel on alleged corruption in the deputy governor’s office.

Iskandar Khatloni, a reporter for the Tajik language service of Radio Free Europe/Radio Liberty was attacked in his apartment in Moscow on 21 September 2000 by an axe-wielding assailant. Khatloni had been working on reports about human rights abuses in Chechnya.

Sergey Ivanov, director of the independent Lada-television company was shot five times in the head and chest in front of his apartment building in the town of Togliatti. Lada-TV was reportedly a significant force on the local political scene.

Adam Tepsurgayev, a cameraman for Reuters, was shot at a neighbour’s house in Alkhan-Kala on 21 November 2000. During the first Chechen war, Tepsurgayev worked as a driver and fixer for foreign journalists. Later, he shot footage from the front lines.

Eduard Markevich, editor and publisher of the local newspaper Novy Reft, was found dead after being shot in the back on 12 September 2001 in Reftinsky. Novy Reft was known to often criticize local officials. Eduard Markevich was reportedly receiving threatening telephone calls and in 1998, two assailants had broken into his apartment and severely beat him.

Natalya Skryl, a business reporter from the Nashe Vremya newspaper in the south-western city of Rostov-on-Don, died after being struck a dozen times with a heavy object while she was returning home on 9 March 2002. She was investigating the struggle for control of a metallurgical plant.

Valery Ivanov, an editor in chief of the Tolyattinskoye Obozreniye newspaper was shot eight times in the head at point-blank range outside his home in Togliatti on 29 April 2002. The newspaper was known for its investigative reports on crimes and government corruption.

Aleksei Sidorov, editor in chief of the Tolyattinskoye Obozreniye newspaper, was stabbed in the chest with an ice pick near his apartment building in Togliatti on 9 October 2003. He was the second editor of Tolyattinskoye Obozreniye to be murdered in as many years.

Dmitry Shvets, deputy director-general of the independent television station TV-21 Northwestern Broadcasting, was shot several times outside the station’s offices. His colleagues said that TV-21 had been receiving threats for critical reporting on several influential politicians.

Paul Klebnikov, editor of Forbes Magazine who reported about the workings of the country’s billionaire tycoons, was killed outside his Moscow office on 9 July 2004 and was struck several times by shots fired from a passing car.

Magomedzagid Varisov, a prominent journalist who often criticized the Dagestan opposition in the biggest regional newspaper, the Novoye Delo weekly, sustained multiple bullet wounds on 28 June 2005 in Makhachkala. He died on the spot when machine-gun assailants opened fire on his car as he was returning home with his wife and driver

While I do not wish to prejudge the accuracy of these allegations, I urge your Excellency’s Government to take effective measures against what appears to be a consistent pattern of failure to prosecute and to take measures designed to prevent further assassination of journalists.

In this respect, I would like to recall that, as reiterated in Commission on Human Rights resolution 2004/37 on “Extrajudicial, summary or arbitrary executions” (OP 4), all States have “the obligation … to conduct exhaustive and impartial investigation into all suspected cases of extrajudicial, summary or arbitrary executions, to identify and bring to justice those responsible, … and to adopt all necessary measures, including legal and judicial measures, in order to bring an end to impunity and to prevent the recurrence of such executions”. This obligation, affirmed also in the jurisprudence of the Human Rights Committed (see, e.g. the Committee’s views in Arhuacos v. Colombia, Communication no. 612/1995, § 8.8), is indeed part and parcel of the obligation to respect and protect the right to life enshrined in Article 3 of the Universal Declaration of Human Rights and Article 6 of the International Covenant on Civil and Political Rights.

It is my responsibility under the mandate provided to me by the Commission on Human Rights and reinforced by the appropriate resolutions of the General Assembly and extended by the Human Rights Council, to seek to clarify all cases brought to my attention. Since I am expected to report on these cases, I would be grateful for your cooperation and your observations on the following matters:

2. Please provide the details, and where available the results, of any investigation, medical examinations, or other inquiries which may have been carried out in relation to these cases. If no inquiries have taken place or if they have been inconclusive please explain why.

4. In the event that the alleged perpetrators are identified, please provide the full details of any prosecutions which have been undertaken; have penal, disciplinary or administrative sanctions been imposed on the alleged perpetrators?

5. Please indicate whether witnesses to these attacks have been afforded with adequate security and witness protection.

The Permanent Mission of the Russian Federation to the United Nations Office and Other International Organizations in Geneva presents its compliments to the Office of the United Nations High Commissioner for Human Rights and, with reference to enquiry No. AL G/SO 214 (33-24) RUS 30/2006, submitted by the Special Rapporteur on extrajudicial, summary or arbitrary executions, has the honour to transmit the attached information from the Russian Federation.

The Permanent Mission of the Russian Federation takes this opportunity to convey to the Office of the United Nations High Commissioner for Human Rights the renewed assurances of its highest consideration.

Upon verification, it was found that criminal proceedings in connection with all the cases referred to in the enquiry were instituted in a timely manner.

The murder in Moscow of I.A. Domnikov, head of the Novaya Gazeta special projects department, the murder in Tolyatti of S.A. Ivanov, director-general of the television channel TV-6 OAO AvtoVAZ, and the murder in Murmansk of D.V. Shvets, deputy director-general of TV-21, have now been solved.

In the criminal proceedings in connection with the murder of S.A. Ivanov, 10 persons were found guilty and sentenced by the court. Upon the completion of the investigation into the murder of I.A. Domnikov in May 2006, the criminal case was referred to the Supreme Court of the Republic of Tatarstan. Following the death of V.G. Gallo, who had been accused of the murder of D.V. Shvets, criminal proceedings were terminated.

At present, the Office of the Procurator-General of the Russian Federation is continuing its investigation into the murder in Moscow on 7 October 2006 of A. Politkovskaya, a journalist for Novaya Gazeta. All leads are being pursued. The Procurator-General is overseeing the investigation.

Upon the completion of the investigation into the murder in Moscow on 9 July 2004 of United States citizen P. Khlebnikov, editor of the Russian edition of Forbes magazine, the criminal case was referred to the Moscow city court.

The pretrial investigation of the murders of S.S. Novikov, owner of the independent radio station Radio Vesna; of I. Khationi, a Radio Liberty correspondent; of E.B. Markovich, editor of the newspaper Novy Reft; of N.V. Skryl, economic correspondent for the newspaper Nashe Vremya; of M.-Z.M. Varisov, a freelance political analyst for the newspaper Novoe Delo; of A.L. Tepsurkaev, a cameraman for Reuters; of L.V. Sidorov, editor-in-chief of the newspaper Tolyattinskoe obozrenie; and of V.E. Ivanov, a deputy to the Tolyatti city duma, following an investigation of all possible leads, was suspended in accordance with article 208, paragraph 1.1, of the Code of Criminal Procedure of the Russian Federation in connection with the failure to identify any persons against whom charges can be brought. In these criminal cases, the authorities conducting the preliminary investigation and the authorities involved in police operations are taking measures to identify any suspects or persons against whom charges can be brought.

The progress and results of the investigation of the aforementioned cases are being monitored by the Office of the Procurator-General of the Russian Federation.

Correspondence from 2006

The record of correspondence for 2006 is excerpted from the official United Nations report, E/CN.4/2006/53/Add.1.

Russian Federation: Disappearance of Zarema Buraeva, Baudin Buraev, and Ali Buraev

Violation alleged: Fear of imminent extrajudicial executions

Subject(s) of appeal: 1 female; 2 males

Character of reply: No response

Observations of the Special Rapporteur

The Special Rapporteur regrets that the Government of the Russian Federation has failed to cooperate with the mandate he has been given by the United Nations Commission on Human Rights.

Urgent appeal sent on 2 November 2005 with the Chairman-Rapporteur of the Working Group on Enforced or Involuntary Disappearances and the Special Rapporteur on the question of torture

Urgent appeal sent concerning: Zarema Buraeva (born in 1982), Baudin Buraev (born in 1984) and Ali Buraev (born in 1987). According to the allegations received:

On 2 October 2005, at 4 p.m. the house of the Buraev family at 37 Ivanov Street in Grozny, Chechnya was surrounded by a large number of representatives from the Ministry of Defence, the Federal Security Service (FSB), and the Anti-terrorist Center (ATC) from the Staropromyslovsky district of Grozny. Reportedly, they all spoke Chechen and the commander of the operation was called �Iran� by the others.

According to the source, the servicemen demanded that Ali and Baudin Buraev lie on the ground and then started to beat them heavily. After approximately one hour, the commander of the operation asked Zarema BURAEVA about her deceased husband, and then demanded that she follows them through the house. From that moment, Zarema Buraeva�s whereabouts remain unknown.

The servicemen took Ali and Baudin Buraev away. They were not able to stand normally after the ill-treatment. The servicemen threatened the mother of Ali and Baudin Buraev who tried to intervene, by saying: �You should consider yourself lucky not to be executed yourself�. Since then, the whereabouts of the two men are not known.

During these events the servicemen confiscated 9000 rubles, a TV, a computer and several other valuables. The next day, they servicemen came again, to look for hidden weapons but they did not find any.

It is further reported that in the following days, a relative of the victims repeatedly went to Grozny police station to ask about the whereabouts of the three disappeared persons. The relative was told that Zarema, Ali and Baudin Buraev were not in their custody. They were also told that the operation had been done jointly with other security services, and that they did not know where they were detained.

Allegedly, the police officers offered that Ali and Baudin Buraev would be returned home safely, if a document testifying that the servicemen had found two weapons buried in the garden of the house of the Baudin family was signed. The relative refused to do so.

On 14 October 2005, a relative of the victims went to the Prosecutors office, and was told that a criminal case will be opened.

While we do not wish to prejudge the accuracy of these allegations, we should like to appeal to your Excellency to seek clarification of these circumstances. The Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the question of torture request that this clarification should be with a view to ensuring that the right to physical and mental integrity of the above-named persons is protected.

The Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the question of torture urge your Government to take all necessary measures to guarantee that the rights and freedoms of the aforementioned persons are respected and accountability of any person guilty of the alleged violations ensured. They also request that your Government adopts effective measures to prevent the recurrence of these acts.

We would be grateful for your cooperation and your observations on the following matters, when relevant to the case under consideration:

1.�� Are the facts alleged in the above summary of the case accurate?

2.�� Has a complaint been lodged by or on behalf of the alleged victims?

3.�� Please provide the details, and where available the results, of any investigation, medical examinations, and judicial or other inquiries carried out in relation to this case. If no inquiries have taken place or if they have been inconclusive please explain why.

4.�� Please provide the full details of any prosecutions which have been undertaken? Have penal, disciplinary or administrative sanctions been imposed on the alleged perpetrators?

5.�� Please indicate whether compensation has been provided to the victims or the family of the victims.

Correspondence from 2005

The record of correspondence for 2005 is excerpted from the official United Nations report, E/CN.4/2005/7/Add.1.

Type, date and summary of communication: Allegation, 16 September 2003, See E/CN.4/2004/7/Add.1, Para. 511.

Government reply: Response dated 5 December 2003. The Government indicates that Mr. Saipudi Khuseinovich Vakhaev was abducted by unidentified armed persons on 6 February 2003 in the village of Geldagen in Kurchalov district. He was released on 9 february 2003 and returned home. On 12 February 2004, he was not feeling well and was taken to the Guderness Central district Hospital where he died. On 4 november 2003, the Kurchaloy district Procurator�s office initiated criminal proceedings under article 111.4 of the Criminal Code (Delibrate infliction of serious harm, leading to the death of the victim due to negligence). The investigation is still pending and undertaken by the office of the Procurator-General of the Russian Federation.

Observation of the Special Rapporteur:The Special Rapporteur thanks the Government for its reply. The Special Rapporteur would appreciate receiving further information on the outcome of the criminal proceedings initiated by the Kurchaloy procurator.

Type, date and summary of communication: Allegation sent with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on torture and Special Representative of the Secretary-General on the sutation of human rights defenders, 28 January 2004. Aslan Davletukaev, a human rights defender who had been working as a volunteer with the Society of Russian - Chechen Friendship (SRCF) since 2000, in particular gathering information on the situation of human rights in Chechnya for the SRCF Information Centre. According to the information received, on 10 January 2004 at 22:15, approximately 50 armed men in three military and two civilian vehicles, arrived at the home of Aslan Davletukaev in Avtury, where they reportedly beat him and forced him at gun point into one of their cars. It is reported that on 16 January, the body of Aslan Davletukaev, apparently showing signs of torture and mutilation, was found by reconnaissance units of the Russian army near a highway at the entrance to Gudermes. His death was reportedly the result of a bullet wound to the back of the head.

Government reply: Response dated 13 April 2004. According to the Government of the Russian Federation, on 9 January 2004, at 11 p.m., unidentified persons wearing camouflage uniforms and masks, armed, arrived in three armoured vehicules at the house of Mr. A.S. Dovletukaev, in the village of Avtury, Shalin District and took him. On 28 Janura 2004, the Shalin district Procurator�s Office opened a criminal case under article 126.2 of the Criminal Code (abduction of a person). The body of Mr. Dovletukaev was found on 17 Janury 2004 at 10 a.m. with signs of a violent death. A criminal case under article 105.1 (homicide) was opened at the Gudermes district procurator�s office on 20 January 2004. Investigation was carried out at the scene of the abduction, the place of discovery of the body. Relatives and neighbours were questioned. A forensic examination was ordered. Relevant inquiries were prepared and addressed to the Ministry of Internal Affairs and the Federal Security Service to gather information regarding the conduct of special measures of the military personel in the village of Avtury. The investigation is still pending and is undertaken by the Procurator�s Office of the Chechen Republic.

Observation of the Special Rapporteur: The Special Rapporteur thanks the Government for its reply. The Special Rapporteur would appreciate receiving further information on the outcome of the criminal proceedings initiated by the Kurchaloy procurator.

Type, date and summary of communication: Urgent appeal sent with the Special Representative of the Secretary-General on the sutation of human rights defenders, 29 January 2004. Imran Ezhiev, human rights defender and Chairperson of the Chechen and Ingush Branch of the Society of Russian-Chechnan Friendship (SRCF) was returning home to Ingushetia on 26 January when he was followed by a grey model �Zhiguli� car, without number plates thought to belong to the security service of the Chechen president. Imran Ezhiev was investigating the reported abduction and killing of Aslan Sheripovich Davletukaev, a volunteer with SRCF who was the subject of an allegation letter sent on 28 January 2004 by several Special rapporteurs. Imran Ezhiev is targeted for his human rights work in particular his efforts to bring about accountability for the reported killing of his former colleague. Concerns are heightened by the fact that three members of the SRCF have reportedly been killed to date alledgly including Imram Ezhiev's brother. Imram Ezhiev was reportedly subject to previous harrassement by the authorities in 2001 and to an alleged abduction attempt from his home in Yandariye Camp on November 2002.

Government reply: Response dated 13 April 2004. The Government of the Russian Federation informs that a criminal case on 18 December 2001 in connection with the murder of A. Yu. Ezhiev, Mr. Imram Ezhiev�s cousin, was opened at the office of Shalin District Procurator in the Chechen Republic under the article 105 of the Russian Federation Criminal Code (homicide). On 18 november 2002, Mr. S.M. Saidov was arrested, charged and found guilty of the abduction of Mr. Ezhiev. He was sentenced to 14 years of emprisonment. During th trial, Mr. Saidov was not found guilty for the murder of Mr. Ezhiev. The verdict was reviewed by the criminal division of the Supreme Court who upheld the verdict of the Rostov Oblats Court on 5 December 2003. At the time of the verdict, Russian Law on criminal procedure did not provide for a case to be referred to the procurator in the case of an acquittal. It was introduced on 4 July 2003 so the court had no opportunity to decide wether to pursue the investigation concerning the murder of Mr. A. Yu. Ezhiev.

In accordance of article 306.3 of the Code of Criminal Procedure, the case of Mr. A. Yu Ezhiev�s murder was referred to the Procurator�s Office of the Chechen Republic for further investigation.

On 15 March 2003, the Shali District Procurator�s Office initiated proceedings regarding Mr. I.A.Ezhiev�s abduction. During the investigation, it was found that on 26 January 2004, Imram Ezhiev was followed by two VAZ-2110s without State registration plates. He stopped to a public phone when he reached Karabulak. The cars following him continued in the direction of Nazran. He did not report the incident to the authorities. Owing the fact that it was only during Mr. Imram Ezhiev�s statement that information regarding the death of members of the Society of Russian Chechen Friendship emerged, investigations have not been completed. The results will be available in due course.

Observation of the Special Rapporteur: The Special Rapporteur thanks the Government for its reply. The Special Rapporteur would appreciate receiving further information on the measures taken to protect Mr. Ezhiez safety.

Type, date and summary of communication: Allegation 21 July 2004. Dzakalaev Roustam, born in 1979, who was detained on 3 February 2004, in the village Sleptsovskaja, Ingushetia, during a special operation. He was arrested when he was crossing the bridge across the Sunzha River in the center of the village. A white colored �Niva� car and YAZ-469 of gray color approached him and 5 persons in camouflage uniform in masks tried to force him inside the car. Mr. Roustam managed to escape, jumped down the bridge and tried to run away. The military servicemen opened fire at him, wounding him and causing him to collapse on the ground. He was then placed in the car which drove away in an unknown direction. His relatives found out about the accident 2 days later when they were informed that he died from his injuries. Dzhakalaev Roustam was previously detained in December 2003 by representatives of law enforcement agencies of the Chechen Republic. He was subsequently released, but in the meantime subjected to torture and degrading treatment. After he was set free, he told his relatives and friends, that he would never again let give in alive to �these maniacs and fascists�. As of 12 February, the corpse of Dzakalov had not been returned to his relatives.

Government reply: Response dated 16 September 2004. According to the Russian Federation, on 16 February 2004, the Sunzha district Procurator�s office received a communication from Ms. G.G. Amrieva, mother of Mr. Rustam Said-Magomedovich Dzhakalaev, stating that her son had been detained by unkown armed men in the village of Ordzhonekidzevskaya in the republic of Ingushetia. The Procurator�s office opened a criminal case pursuant to article 126.2 (abduction) of the Criminal code of the Russian Federation. During the investigation, it was established that on 5 February 2004, that Federal Security Service officers arrested Mr. Dzhakalaev. He was arrested in the village of Ordzhonekidzevskaya and taken in the territory of the Chechen Republic. While being detained, Mr. Dzhakalaev tried to escape and received a gunshot wound. According to the testimony of Ms. G.G. Amrieva, her son returned home on 29 February 2004. He explained his absence by the hospitalization. He is now undergoing treatment in Grozny. No information is contained in the files about his detention in December 2003, about being torture or being killed. Statements concerning the facts mentioned have not benn received by the procuratorial bodies. The investigation to establish the whereabouts of Mr. Dzhakalaev have led to no positive results and the case is still pending. It is monitored by the Office of the Procurator of the Republic of Ingushetia.

Observation of the Special Rapporteur: The Special Rapporteur thanks the Government for its reply. The Special Rapporteur would appreciate receiving further information relating to the investigation to establsih the whereabouts of Mr. Dzhakalaev.

Correspondence from 2004

The record of correspondence for 2004 is excerpted from the official United Nations report, E/CN.4/2004/7/Add.1.

On 16 September 2003, the Special Rapporteur, jointly with the Special Rapporteur on torture, sent a communication to the Government of the Russian Federation regarding information received according to which Saypudi Khuseynovich Bahaev, a 32-year-old resident of Geldagana, Kurchaloevskiy Region, was reportedly arrested by armed forces of the Kurchaloy Commandatur at his home on 7 February 2003. Two days later, he was allegedly thrown out of a military vehicle near Kurchaloy. According to the information received, his arms were broken, his legs had frostbite and he had marks of severe beatings. It is reported that he had been detained at the Federal Security Service Office in Kurchaloy where he was allegedly hung from the ceiling by his hands and legs and beaten with tubes and other objects. It was also reported that he was kept in a cold room with a concrete floor without any heating. He reportedly died in a hospital on 12 February 2003 as a result of the treatment received.

Correspondence from 2003

The record of correspondence for 2003 is excerpted from the official United Nations report, E/CN.4/2003/Add.1.

On 18 January 2002, the Special Rapporteur jointly with the Chairman-Rapporteur of the Working Group on Arbitrary Detention and Special Rapporteur on Torture, sent an urgent appeal to the Government of the Russian Federation concerning Shaikh-Akhmed Magomadov, aged 25, Akhmed Ezerpashaevich Baisultanov, aged 39, Khanpash Ezerpashaevich Baisultanov, aged 33, Suleyman Ezerpashaevich Baisultanov, aged 28, Salamu Maziev, aged 41, Khamzat Israilov, aged 32, Abbas Magomadov, aged 19, Shamil Mandyzhadziev, aged 46, and Malika Ustrakhanova, who reportedly "disappeared" after having been taken into custody by Russian federal forces during a raid on the village of Tsotsyn-Yurt, in the Kurchaloy district of Chechnya, about 40km east of Grozny. On 29 December 2001, Russian soldiers reportedly cordoned the village off with armoured cars. They are said to have rounded up a large group of men and boys, aged between 14 and 60, some possibly younger. The soldiers reportedly took them to the outskirts of the village, stripped them, insulted them and beat them severely. They reportedly tried to cut off the ear of Abbas Magomadov, and cut off another man's fingers. They are said to have held around 100 men for at least two days, forcing them to sleep outdoors in freezing temperatures. On 1 January 2001, the soldiers reportedly let go most of the men. Many had reportedly been unable to walk as a result of the beating. The soldiers are said to have taken Shaikh-Akhmed Magomadov, Akhmed Ezerpashaevich Baisultanov, Khanpash Ezerpashaevich Baisultanov, Suleyman Ezerpashaevich Baisultanov, Salamu Maziev, Khamzat Israilov, and Malika Ustrakhanova away with them. Before being taken away from her three young children, Malika Ustrakhanova was allegedly beaten on the back and hands. She is believed to have been released since. Khamzat Israilov, who was reportedly been severely wounded in an exchange of gunfire, is said to be detained at Kurchaloy regional centre of the military commandant. The others have reportedly not been seen since.

On 2 September 2002, the Special Rapporteur jointly with the Special Rapporteur on torture sent an allegation to the Government of the Russian Federation relating to the following cases in the in the Republic of Chechnya:

On 7 November 2001, a military operation was reportedly conducted in the village of Tsotsin-Yurt. In the course of this operation, Buivasar Usmanov, aged 24, was reportedly killed. It is alleged that a grenade was fired into a hay-rick were he was hiding after he had been shot and that as the hay caught fire he was burnt alive. Another military operation is reported to have been conducted in the village on 30 December 2001. According to the information received, male villagers from as young as 14 up to 60 years of age, and a woman, Malika Ustrakhanova and her young baby, were reportedly detained and taken to the outskirts of the village where they were all allegedly beaten, including the woman, who was beat on the back and on her hands. It is alleged that over 80 persons were beaten to the extent that they were no longer able to walk. Most of those detained were reportedly released on 1 January 2002, but at least seven of them, Shaikh-Akhmed Magomadov, aged 25, Alkhazur Movlaevich Saidselimov, aged 23, the brothers Khanpash Baisultanov, aged 33, and his brothers Akhmed Baisultanov, aged 39 and Suleyman Baisultanov, aged 27, Salamu Mazaev, aged 42, and Khamzat Israilov, aged 32, have been missing since then. The brother of the latter, Abbas Israilov, was reportedly detained by Russian authorities at the Temporary Department of Internal Affairs (known in Russian by the acronym, ''VOVD'') in Kurchaloy on 5 January as he sought to ascertain the whereabouts of his brother. In the course of this operation, Musa Ismailov, aged 36, and Idris Zakriev, aged 37, and Alkhazur Saidselimov reportedly died while at the soldiers� hands. According to the information received, Musa Ismailov and Idris Zakriev�s bodies were found on 3 January 2002. It is alleged that their ears, noses and genitals had been cut off. Alkhazur Saidselimov�s body was found heavily disfigured on 7 January 2002.

Bislan Khasaev was reportedly arrested by federal troops on 22 June 2001 and taken to a pit were he was allegedly held until 23 June 2001 with seven other detainees. It is reported that in the pit the detainees were beaten, asphyxiated and subjected to electric shocks. Bislan Khasaev�s relatives were reportedly informed on his death on 25 June 2001, after they could not fulfil the conditions allegedly imposed by the soldiers for his release. According to the information received, his body, which was allegedly dug up by a soldier from a fresh excavated grave in front of Bislan Khasaev�s mother, sustained shot wounds in the head and chest, his right arm was dislocated or broken and there were bruises on his legs and chest.

Said-Emin Bilalovich Gushaev, aged 50, and his 27-year-old son, Khizir Said-Eminovich Gushaev, were reportedly arrested by soldiers on 6 May 2001in their home in Geldigen village, Kurchaloy district. Said-Emin Bilalovich Gushaev�s mother, Kilsan Idrisovna Gushaeva, who was at the door of the house at that time, was allegedly knocked down by a military tank that smashed their home. It is alleged that soldiers prevented the neighbors from helping her and barged into the house where they arrested the two above-named men. According to the information received, the two men were then taken away and beaten. Kilsan Idrisovna Gushaeva is reported to have died immediately after the incident, Said-Emin Bilalovich Gushaev allegedly sustained damages on his kidneys and on face and Khizir Said-Eminovich Gushaev reportedly had two fingers broken and an internal bleeding.

Yashurkaev Abdul-Vakhab Sulimovich, a 61-year-old resident of Argun reportedly disappeared along with 11 other men in the course of a military operation conducted by federal troops in Argun between 11 and 14 March 2001. His body was reportedly found and identified on 2 March 2002. According to the information received, the corpse, which was preserved as if he had died one week ago, was decapitated and presented knife wounds. It is alleged that there were blue weal on his legs and across his ribs and that his left shoulder was smashed, as a result of which the bones were visible.

Umatgeri Edilbekov, aged 35, and his friend Magomed Malsagov, aged 24, reportedly left by car the latter�s home in Grozny at approximately 11:00 a.m. on 23 December 2000. They allegedly told relatives they would be back in half an hour but never returned. It is reported that the next day, relatives found Malsagov's burned out car at the Novy Avtovokzal in Grozny's October district and that people who were selling petrol close by told them that federal troops had stopped the car and had taken the two men away. According to the information received, on 3 March 2001, relatives of Magomed Malsagov went to the MChS base in Grozny to search for him, and identified the body of Umatgeri Edilbekov. The following day, they allegedly also identified Malsagov's body. It is reported that his hands were tied behind his back and that the skin on his scalp had been stripped. Regarding Umatgeri Edilbekov�s body, it is reported that the throat and one cheek had been cut and that several of his nails were missing.

Kazbek Vakhaev, a 25-year-old resident of Urus Martan, was reportedly taken by soldiers to the ''Internat'' detention facility in Urus Martan on 1 August 2000. There he was allegedly beaten during interrogation. Her mother, Rebaat Vakhaeva, reportedly visited the ''Internat'' every day from 1-13 August, bringing with her food and clothes for her son. A man who is believed to be the deputy-head of the facility allegedly told her that her son would be released and that she would not need to pay a ransom. However, on 13 August 2000, when Rebaat Vakhaeva went again to the ''Internat'', another officer reportedly told her that her son was no longer there. The Special Rapporteurs have been informed that according to official documents, Kazbek Vakhaev had been released on 11 August 2000 but that according to men detained with Kazbek Vakhaev, the latter was taken from his cell on 13 August 2000. It is reported that on 21 August 2000 Rebaat Vakhaeva learned that some bodies had been found near a cemetery in the village of Goiskoe. One of the bodies was allegedly decapitated but identified as belonging to her son. It is alleged that the local procuracy began an investigation and later claimed that Kazbek Vakhaev had been released on 14 August 2000, but was kidnapped, without stating by whom. However, Rebaat Vakhaeva was informed that the investigation was later closed, because the investigators were unable to determine who had detained Kazbek Vakhaev in the first instance and who had subsequently kidnapped him following his release.

On 18 September 2002, the Special Rapporteur sent an allegation to the Government of the Russian federation relating to the following cases:

According to the information received, Bislan Khasaev was reportedly detained by Russian troops on 22 June. B. Khasaev was allegedly seen the following day at the Military Commander�s office. A witness reported that soldiers took B. Khasaev into a pit where he was held on 23 June and was allegedly subjected to torture. On 24 June Russian soldiers interrogated his mother, Ms. Khasaeva, about the whereabouts of the rebel fighter Arbi Baraev. As she was not able to reply to their questions, they allegedly told her that she could pick up Bislan Khasaev�s body from the Military Commander�s office. On 25 June on her way to the Military Commander�s office, she met with some troops based in Alkhan-Kala who brought her to a hill and helped her excavate a fresh grave containing three bodies. Ms. Kasaeva reportedly recognized the first corpse as her son: he had allegedly been shot several times. His arms, chest and legs showed various signs of torture.

According to the information received, Rustam Razhepov and Daud Vitaev were allegedly arrested at their home on 21 June when a battle between Russian troops and Chechen rebel forces broke out. Their bodies were reportedly found in a cemetery on 27 June in a pit with another 7 bodies who had been buried on 22 June. It has been reported that the bodies were severely disfigured and not easy to identify, as they were allegedly severely beaten up.

According to the information received, on 26 March 2000 Elza Visaevna Kungaeva was kidnapped in Tangi-Chu from her family home by Colonel Yury D. Budanov. The Colonel reportedly brought her to his tent, reportedly to interrogate her. Instead, she was raped by several men and strangled. The office of the general prosecutor allegedly initiated an investigation into this case but Colonel Budanov claimed that he attempted to strangle her in a state of temporary insanity, an allegation supported by the Serbsky Institute in Moscow. At the end of 2001, the trial of Colonel Budanov was still ongoing. The Special Rapporteur would appreciate receiving further information on the outcome of this trial. According to the information received, at the beginning of 2000, Irina, a 14 year old girl from Urus-Martan was detained at a check-point while travelling on a bus. She was reportedly transferred to the Chernokozovo Detention Center where she was repeatedly raped and tortured. She subsequently died in custody as a result of such ill-treatment.

According to the information received, on 8 June 1998, Larisa Yudina, a journalist and editor of newspaper �the Soviet Kalmykia Today�, was reportedly found dead with multiple knife wounds and a fractured skull in Elista. It is alleged that this killing is linked to Ms. Yudina�s publication of articles accusing the Klmykian president, Kirsan Ilyumzhinov of corruption. Three men were reportedly convicted in connection with this murder but the names of those who ordered the killing remain unknown. The Special Rapporteur would appreciate receiving additional information on the outcome of the police investigation and subsequent criminal proceedings.

According to the information received, on 13 December 2001, Luiza Betergirieva, member of the Russian-Chechen Friendship Society was reportedly shot dead in her car next to a Russian military checkpoint outside Argun.

The Government of the Russian Federation replied to a letter of allegation dated 10 September 2001 sent by the Special Rapporteur jointly with the Special rapporteur on torture relating to alleged cases of torture and extrajudicial executions in the Chechen Republic by Federal troops. The Government informed that the office of the procurator of the Chechen Republic and the office of the military procurator of the North Caucasus military district are actively monitoring the activities of the Republic�s law enforcement personnel and military units whenever citizens are detained, in conformity with the Constitution of the Russian Federation. According to the Government, constant, systematic checks carried out in 2002 by the office of the procurator of the Chechen Republic during special operations by military and law enforcement personnel found no instances of detainees deliberately kept unregistered at the holding facilities of internal affairs agency or at the temporary remand units at Chernokozovo. Accordingly, the assertion in the Special Rapporteurs� communication that only 10 percent of detainees are officially registered when taken into custody by the federal forces is false. In the majority of the cases cited by the Special Rapporteur, criminal proceedings have been initiated and an investigation is being carried out. This was the case for: Said-Mahomed and Said-Rachmanovitch, abducted on 13 January 2000, Kalbek Pashaev and Vakhi Kamilov abducted on 8 October 2000 whose bodies were discovered in the village of Berdykel in Grozny, the Arsabiez brothers who died on 15 March 2001, A.E. Chimaev, S.R. Musaev, O. Metaev, M. Mahomadov, Rustam Riskhanov, Ramzan Riskhanov, T. Timarov, I. Tazurkaev and I. Larsanov who allegedly died in February 2001, Elelbek D. Isaev whose body was discovered on 13 September 2000, Y.Y. Beksultanov whose body was found on 27 November 2000 in the village of Samashki, K. Chimaev, V. Mahomadov, K. Khisriev and I.M.S. Dokhtulaev dead in unknown circumstances, K. Gazaev whose body was found on 24 November 2000 in Davidenkovo, the Agaev family whose bodies were found on 9 december 2000 in Shaami-Yurt, A. Zaurbekov and K. Hasarov whose bodies were discovered on 26 January in Grozni, M. Taimaskhanov and Khalimov whose bodies were found in the village of Djalka, K.K. Gerikhanov and his son U.K. Gerikhanov who died on 12 May 2001. In many of these cases, the pre-trial investigations are currently suspended for the reasons stipulated in article 195, paragraph 1 (3), of the RSFSR Code of Criminal Procedure, namely failure to identify a person against whom formal charges can be brought. The Government also mentioned that the allegations in the communication from the Special Rapporteurs relating to widespread famine among inhabitants of Alleroi, the holding of detainees in pits, and the murder of villagers in Alleroi and Tsentoroi have not been corroborated. Besides, according to a report from the central Military Procurator�s office, on 6 November 2001, a criminal case against M.A. Podolnov, a junior sergeant serving on a contract basis, was referred to the court martial of the North Caucasus Military district for consideration on its merits: he stand accused of killing R.A. Djamalov, whose body was discovered on 21 August 2001. The Government added that it would be premature to provide further details about this case, taking into account the principle of the presumption of innonence. With reference to other cases submitted by the Special Rapporteurs, namely A- Yarshurkaev, M. Yusupov, A. Uzaev, B. Usmanov, U. Akhyadov, S. Visaev and an individual named Aslanbek, the procurator�s office of the Chechen Republic and local law enforcement bodies have not received any reports of unlawful actions against them or of their death. Finally, according to the Russian authorities, it is too early to allege that the above-named citizens are victims of torture and extrajudicial execution by Russian military personnel. Information to hand indicates that members of illegal groups who murder peaceful citizens in order to terrorize the population of the Chechen Republic often wear camouflage identical to that of Federal military personnel.

The Government of the Russian Federation replied to an allegation of the Special Rapporteur dated 17 September 2001. The Government informed that on 24 February 2001, pursuant to the discovery of eight bodies dressed in military and civilian clothing, without documents and showing signs of foul play, in the outskirts of Grozny, the Procurator�s office of the Chechen Republic opened a criminal case under article 105, paragraph 2 (a) of the criminal code of the Russian Federation. Regarding the fifty one bodies discovered at various sites between 24 February and 1 March 2001, 24 were identified. These cases are being investigated by the procurator�s office of the Chechen Republic which failed to identify the persons involved in the commission of the crime. Therefore on 3 October 2001, the preliminary investigation into the case was suspended on the basis of article 195 paragraph 3, of the code of criminal procedure of the Russian Federation for failure to identify persons against whom formal charges may be laid. However, the office of the Procurator-General of the Russian Federation in the Southern federal area has taken the preliminary investigation of the case under its supervision and decided that the investigation should resume and that specific operational steps should be taken to conduct a comprehensive investigation of the circumstances. The same office also investigated an incident where six residents were killed in the detonation of a land mine. However the preliminary investigation into the case was suspended under article 195 paragraph 3 of the code of criminal procedure for failure to identify persons against whom formal charges may be laid.

Correspondence from 1983-2002

The United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions has been corresponding with Governments regarding alleged violations since the mandate was established over two decades ago. While the Project on Extrajudicial Executions is making efforts to provide easily browsed versions of as many years as possible, much of the earlier correspondence is available only in the PDF versions of reports from 1983 to the present.

Russian Federation: Visits & Communications

Correspondence from 2007