Russian Federation: Violation of international law
Russian Federation: Preventing the emergence of truth and reparations for victims is a violation of international law
Amnesty International today warned that amnesties for crimes under international law that prevent the judicial
determinations of guilt and innocence and do not provide for full reparations for the victims are prohibited by
international law. The organization urged the Russian State Duma to adhere to international law, when it goes into the
final reading of a draft decree "on the declaration of an amnesty in connection with the adoption of the Constitution of
the Chechen Republic" and a further draft decree on the implementing procedures for the proposed amnesty tomorrow.
The draft decree, which has been debated over the last two weeks by the Russian Duma, proposes an amnesty from
prosecution and sentence in relation to acts that were "dangerous to the public" on the territories of the Chechen and
Ingushetian republics from 1 August 1993 until the decree comes into force. The proposed amnesty will apply to people
who have not been members of illegal armed groups or have handed in their weapons, as well as to the federal forces,
employees of the Ministry of Internal Affairs, law enforcement agencies, and civilian personnel. It specifically
excludes foreigners and stateless people, as well as those who have committed some specified crimes under the Criminal
Code of the Russian Federation, and repeat offenders.
Amnesty International notes with concern that while the draft decree specifies that suspects or perpetrators of some
serious crimes such as murder, rape, hostage taking and terrorism will not be subject to amnesty, it does not
specifically exclude from amnesty other crimes as torture and "disappearances". The organization considers that an
enduring peace depends on the respect for the human rights of all persons and consistent application of the rule of law.
"Justice is best dispensed in a society where peaceful order prevails, but without justice there can be no lasting
peace. Courts can show mercy and compassion, but mercy can be shown only when guilt and responsibility have been
established and acknowledged," Amnesty International said.
"Perpetrators of serious crimes under international law should be brought to justice in accordance with international
standards of fairness; such trials should not result in the imposition of the death penalty; suspected perpetrators of
such crimes should be brought to trial, regardless of their rank, position or nationality, and regardless of when and
where such crimes were committed," the organization added.
Amnesty International is further concerned that:
* the current dysfunctional state of the justice system in the Chechen Republic is such that perpetrators of serious
crimes under international law have not and will not be brought to justice;
* any amnesty decree may be applied in an arbitrary, discriminatory or discretionary manner, perpetuating the impunity
for the perpetrators of serious crimes under international law;
* the proposed draft bill does not clearly exclude from the amnesty perpetrators of such serious crimes under
international law as torture and "disappearances".
"The Russian authorities must hold comprehensive and impartial investigations into allegations of violations of
international human rights and humanitarian law, including war crimes, and bring those responsible to justice in
accordance with international standards," Amnesty International said.
People reportedly continue to "disappear" during nightly raids and following detention at checkpoints. Among the many
"disappearances" documented by the Russian human rights organization Memorial are two recent cases on 5 and 6 May 2003,
those of Rizvan Appazov and Musa Zaurbekov.
"The Russian authorities must take all measures to prevent "disappearances" , and the Chechen rebels must fully respect
international humanitarian law, in particular the responsibility to protect civilians and captured combatants," Amnesty
International added.
The organization remains concerned at continuing reports of serious human rights abuses in the Chechen Republic.
Visit the Amnesty International Russia Campaign website: http://amnesty-news.c.tclk.net/maaa9GSaaYwqtbb0hPub/