We are writing in advance of the upcoming E.U.-Russia summit in Moscow on May 28. We welcome the summit and the opportunities it presents to encourage further cooperation between the E.U. and Russia, particularly on issues involving human rights and the rule of law. We hope that E.U. leaders will also use the occasion to talk plainly to Russian government officials about the problems that still stand in the way of that goal, including the conduct of Russian forces in Chechnya.
A strong public effort is particularly urgent given Russia's success in defeating, for the first time, a resolution on Chechnya at the U.N. Commission on Human Rights, which the E.U. sponsored. The summit's focus on enhanced European security and defense cooperation with Russia, strengthening economic ties, and cooperation in the war on terrorism, could also leave Russian citizens, particularly those in Chechnya, with the impression that the world has forgotten their war. For all these reasons, the need for moral clarity from the E.U. has never been greater. The Russian government and people should know that the stand the E.U. took at this year's U.N. Commission on Human Rights remains an important element in its relationship with Russia.
Chechnya is now the only area in Europe where armed conflict continues to take the lives of civilians. The human rights situation there deteriorated through the winter and early spring. Human Rights Watch investigators traveled to the region in March and interviewed dozens of people about ongoing abuses against noncombatants.
Russian forces continue to detain hundreds of people without charge in sweep operations conducted in communities suspected of harboring rebels, many of whom were seized in predawn raids on private homes. Most are subsequently released, but dozens remain unaccounted for - "disappeared" - and are not seen by their families again. In many cases detainees are tortured or otherwise mistreated, or extrajudically executed. Authorities frequently deny that the persons detained in such operations are in their custody. We have also recently documented numerous acts of sexual violence committed by Russian troops against women caught up in sweep operations.
Partly in response to outside pressure, Russian authorities have permitted better access to complaint mechanisms, formally opened investigations in many cases, and introduced two decrees requiring the presence of civilian investigators and other nonmilitary personnel during all large-scale military operations and targeted search-and-seizure operations. Yet serious violations continue at an alarming rate and remain for the most part uninvestigated and unpunished. Civilian prosecutors lack authority to investigate crimes committed by the military and military prosecutors make little effort to look into allegations. There is also credible evidence that the military obstructs investigations, notably by transferring accused personnel to avoid having them questioned.
The E.U. has stated that violations by Russia's forces in Chechnya are of grave concern and that "the fight against terrorism must respect human rights and the rule of law." The Russian government continues to defend its abusive actions by comparing them to efforts by the international coalition in Afghanistan. Such claims merit a strong response from the E.U.
We hope that in the upcoming meetings with Russian officials the E.U. will address several specific concerns:
First, Russia should be pressed to provide a detailed and updated list of criminal investigations into abuses by police, military, and other security forces against noncombatants in Chechnya. Abuses such as "disappearances" and torture will end only when the authorities send an effective signal that they are crimes that will be punished. And the first step towards accountability is transparency. Progress on this issue would not contradict Russia's legitimate security concerns in Chechnya. At the same time, it would help to show Russians and the world that President Putin is serious about the rule of law, reinforcing the effort he began in pushing for a new criminal procedure code and other legal reforms.
Second, Russia should be urged to issue invitations to Chechnya to all the relevant U.N. human rights mechanisms, including the Special Rapporteurs on torture and extrajudicial executions, and the Working Groups on Arbitrary Detention and Enforced or Involuntary Disappearances. Such visits are required by past E.U.-sponsored resolutions of the U.N. Commission on Human Rights. Taken together, the authoritative reports by the mechanisms would produce the first official record of abuses committed by both sides in the conflict.
Third, the E.U. should make clear it will press to renew the mandate of the OSCE Assistance Group to Chechnya past its expiration in December. The OSCE has done an admirable job monitoring human rights issues in Chechnya and tracking the accountability process.
Fourth, the E.U. should seek Russia's consent for a long-term mandate for the Council of Europe experts currently working in Chechnya. The mandate should concern exclusively human rights issues, requiring them to visit the sites of serious human rights abuses by both sides of the conflict whenever they deem it necessary and to conduct in-depth interviews with victims and eyewitnesses. This too would contribute to an official record of the abuses.
Finally, Russia should be urged not to pressure or coerce internally displaced persons and refugees to return to Chechnya. Russia should not consider any organized repatriation plan while threats to life and security prevail in Chechnya. To those who choose voluntarily to return it should provide reliable guarantees of security and protection.
The E.U.'s interest in these issues will not by itself fully resolve them; only pressure by Russians on their government can do that. But we are convinced after years of experience in Chechnya that strong private and public diplomacy can, at the least, minimize the level of harm, while keeping alive hopes for a more lasting solution. Without outside pressure, the war will continue to devastate the people of Chechnya. Its impact on Russia could be increasingly grave as well, accelerating restrictions on press freedom, arresting reform of the Russian military, and increasing violence in Russian society as soldiers and police trained to behave with impunity return home.
We hope you will have an opportunity to address all these concerns in your meetings during the summit.
Sincerely,
Elizabeth Andersen Executive Director Europe and Central Asia Division |
Lotte Leicht Director Brussels Office
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Ministers of Foreign Affairs of member states
Ambassadors in Brussels of member states