Ingushetia 2007: what is coming next?


Early 2008. What is coming next?



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6. Early 2008. What is coming next?


In early 2008, the situation in Ingushetia repeated the scenario of the last year. Attacks against the “siloviks” continued, while operations of law enforcement agencies entailed gross violations of human rights.

Achievement reports submitted by the “siloviks” are contradictory. The Ingush authorities are still helpless against the underground terror, and do nothing to counter another threat - mass and gross violations of human rights under the guise of “fighting terrorism”; moreover, they resort to “counter-terror” as a tool of ruling the republic (see below).

Meanwhile, the situation in the republic evolves in a convoluted way - each new crime is followed by mass rallies that the authorities try to suppress.

A mass rally was planned for 10:00 a.m., January 26, at the Concord Square in Nazran. Though the organizers called it “In support of President Putin’s course, against corruption and terrorism”, the key message was a protest against actions and inactions of the local authorities.

Rally organizers took account of previous protest actions, and in line with the law, submitted a timely notification about their intention to hold a rally to the authorities81.

The authorities did not allow the rally. On January 21, the Ingush Prosecutor issued a warning to Maksharip Aushev, a rally organizer, about the inadmissibility of breaking the law during the rally but failed to provide explanations about expected violations, - though the authorities are not entitled to ban a public event.

On the other hand, in some cases conscientious citizens, much as they respect the law, just cannot stay away from a public activity banned by the authorities. In this case, the organizers take upon themselves the responsibility for the consequences and should do everything possible to minimize the number of provocations.

On January 25, part of the Republic of Ingushetia was declared a “zone of the counter-terrorist operation” - allegedly, acts of terror were expected at places of mass gatherings.

Still, the rally did take place on January 26. Cruelly dispersed, it entailed clashes with law enforcers trying to prevent the rally.

Teenagers were the first to enter the square and face OMON82, while an adult man with a loudspeaker persuaded them not to be scared and promised that everything would be OK. When OMON crushed the first row of the thin column, sacks with stones and Molotov cocktails prepared beforehand started coming in from the fringe of the crowd. After the square emptied, fire was set on several public buildings in Nazran.

Acts of vandalism - arson and pogroms - may discredit any idea. They are impermissible as a protest tool, no matter how justified. The intifada-like event we witnessed on January 26 is as inadmissible as the use of force by the authorities attempting to prevent citizens from realizing their constitutional right to assembly and meetings.

There are some questions related to the “charitable” (in reality - free) lottery that the organizers used to attract people to the rally83; it does not combine well with the rallying point, i.e. promotion of fair elections and protests against abductions.

Over 40 people were detained, among them 12 journalists and human right activists. Eight of them, as militia put it, were “deported” from Ingushetia - as if it has already seceded from the Russian Federation, while the two journalists that filmed the burning building were accused of arson (sic!) 84.

The Ingush authorities should have allowed the rally, and, in line with the law85, provided for order and security of both participants and the rest of the population. It would have been much easier than fighting with the crowd especially when one cannot tell apart peaceful participants and provocateurs, thugs and hooligans. We consider the use of electric shockers, tear gas and rude arrests as disproportionate and inadmissible.

***

Evidently, the situation in the republic has reached a dead end. However, the problems and the outlines of this dead end are not exclusively Ingush, but rather all-Russian.



A major problem is that the authorities perceive practical problems not as challenges requiring feedback, but as threats to their power. Consequently, they look not for ways of solving problems or ways out, but for opponents willing to gain political capital by raising these issues.

***


Future developments in Ingushetia are hard to predict.

The “Kabardino-Balkarian” scenario is quite possible, although in Ingushetia Muslims have never been persecuted as openly as in Kabardino-Balkaria; more often “non-traditional Muslims” fall victims to extrajudicial killings and violations of human rights. In every region, there are lists of the so-called "Wahhabis" who are under close surveillance of the law enforcement agencies, are subject to regular detentions and often to tortures. If the anti-terrorist operation stretches beyond the legal framework, as likely as not this part of the Muslim community will choose extreme and violent protest tools. Only terrorists will benefit from such developments.

The “Chechen scenario” is also possible: extrajudicial killings, tortures and falsified criminal cases will result in such public “cleansing” that society will be under 100% control due to the climate of fear that has permeated the republic.

Amid unemployment, low educational level and economic backwardness, violations of human rights will lead to stronger radicalization of the youth. Ingushetia, similarly to the best part of the Muslim Caucasus, will turn into a third world country with strong Jihad-supporting trends instead of moving towards the European democratic values.


7. Recommendations


Effective measures are necessary to improve the situation in Ingushetia (as well as in other regions of the North Caucasus) and to stop massive and systematic human rights violations, particularly by members of the Interior Ministry and the Federal Security Service. Such measures must include but not be limited to the following:

  • Carrying out adequate investigation into cases of human rights violations and bringing the perpetrators to accountability.

  • Having the Prosecutor-General of the Russian Federation conduct a comprehensive revision of the activities of law enforcement agencies and the Prosecutor's Office in the region. In particular, it is essential to examine all cases related to illegal armed formations that have been investigated in these republics; in case of verified evidence of torture and forced confessions, to send the cases for re-investigation and re-trial.

  • Putting an end to common practices of “temporary disappearances” of detainees. In order to decrease the risk of torture and other illegal retaliation regarding detainees and to guarantee legal rights of their family members, it is essential to ensure expedient provision of information to relatives on the whereabouts of the detainees.

  • Instructing members of federal and local law enforcement agencies by their superiors about the absolute necessity of observing human rights in fulfilling their functions and about their accountability for performing criminal orders of higher authorities and officials.

  • Providing adequate legal and judicial protection and due compensations to victims of human rights violations.

  • Guaranteeing international humanitarian organizations, including the ICRC, access to places of temporary and pre-trial detention for visitation of prisoners on conditions agreeable for these organizations.

  • Cooperating with human rights protection mechanisms of the Council of Europe and the United Nations including special procedures of the UN Human Rights Commission and treaty bodies of the Council of Europe and the UN.

  • Effectively cooperating with the Anti-torture Committee of the Council of Europe.

  • Extending necessary assistance to Russian and international human rights organizations in their monitoring activities in the North Caucasus. Cooperating with such organizations towards eradicating the atmosphere of impunity and improving the human rights situation in the region.

Authors of the report consider the following recommendations addressed to the authorities of the Republic of Ingushetia essential for normalizing the situation in Ingushetia:

  • Republican leadership should stop the policy of non-interference in cases related to violations of human rights on the territory of Ingushetia. Ingush officials should provide a tough response to all cases of violation of norms of the Russian legislation during special operations.

  • Republican leadership should boost the efforts of local law enforcement agencies and to reduce to the minimum the involvement of law enforcement agencies from other regions commissioned to the republic.

  • Republican leadership should provide permission to conduct rallies, processions, etc. within the law and to lift unjustified restrictions on the freedom of speech and opinion.



1 Reported by the Public Prosecutor Yu.N.Turygin at a meeting with the staff of the HRC Memorial on October 30, 2007 in the city of Nazran on the premises of the Public Prosecutor's Office.

2 The report was presented in October 2007 to the Russian and EU delegations on the eve of yet another round of the Russia-EU human rights consultations.

3 On July 20, 2005, at a meeting in the Kremlin, the Civil Society and Human Rights Council under the President of the Russian Federation submitted this report to the President of the Russian Federation.

4 These figures were given in the verdict of the Supreme Court of the Republic of Ingushetia of August 3, 2005 in the case of 13 people accused of involvement in militant operations.

5 A wide range of issues: from ensuring the return of temporarily displaced persons in the Prigorodny district of North Ossetia up to protect national monuments of architecture in unnecessarily expanded border zone with Georgia

6 According to official information, the 2 December in the elections to the State Duma of Russia in the Republic of Ingushetia won party United Russia, which was voted by 98, 72% of voters. In total, according to the Central Election Commission (CEC) of RI, 98.35% of the electorate took part in the elections. There were no irregularities recorded in the vote, no complaints from observers and allegations registered in CEC.

th № 48 of 24 March 2007

7 After Abu Haws was killed on the 26th of November 2006 in Hasavyurt, the Russian special services have given access to his archive, which reflects the cash flow to the armed underground. In particular, according to the " accounting "of Abu Havsa, a major cash flow of the dollar was in May 2006. Five million dollars in ransom for the rich hostage received Doku Umarov "(Lenta.Ru," FSB unscrambles Abu Havs' archive ": http://www.lenta.ru/news/2006/12/08/archive/). Despite the source, his information is to pay attention - if only because it does not illustrate the FSB constantly repeated argument that the armed resistance in the Caucasus is funded exclusively from abroad: thus, in particular, in 2005 the foreign funding amounted only to 340 thousand dollars

8 During the last years in Chechnya before Eid-Bajram the belligerent parts also released hostages

9 IA Kavkaz-uzel, 30.03.2007.

10 Vadim Tokhsyrov. Policemen of two republics did not share one detainee // newspaper “Kommersant”, 30.03.2007.

11 Vesti – North Caucasus , 16.03.2007.

12 The first scale of violence against Russian-speacking population took place in the republic in winter and early spring of the last year. Then several person were killed and injured (see the open letter of HRC “Memorial” to the President Zyazikov about a series of attacks on Russian residents of Ingushetia on 15.03.2006 г. http://www.memo.ru/hr/hotpoints/caucas1/msg/2006/03/m53387.htm). And in june 2006 deputy head of Administration of the Sunzhensky district Galina Gubina, working on problems of repatriation and accommodation of Russian-speaking population, was killed.

13 http://www.kavkazcenter.com/russ/content/2006/05/17/44511.shtml

14 http://www.kavkazcenter.com/russ/content/2007/11/21/54480.shtml

st The appeal by Hazhbiker Merzhoyev in the HRC “Memorial” Office in Nazran.

15 The letter of Yu. A. Yevseyev, military Prosecutor of the military unit 04062, Colonnel of Justice, to the Prosecutor of RI Yu. N. Turygin and the Ombudsman on human rights in Russian Federation V. P. Lukin № Zh-164/3620 of September 15, 2007

16 In cases where it was possible to define, to what structure officers belonged.

17 Gazeta.RU, 28.07. 2007.

18 From the answer of I. M. Torshkov, acting Chief of the criminal police of the Ministry of Interior of RI on the inquiry of HRC “Memorial” №2/382 of 04.09.2007 :. «During checking it is established that the relevant agencies of MVD RI did not participated in the special operation. Currently the activities to establish person conducting the special operation are undertaken».

19 Polit.RU, 28.7.2007

20 Polit.RU, 28.07. 2007

21At the meeting with activists of HRC ”Memorial” on October 30 in Nazran in the Prosecutor’s Office of RI.

22The answer of M.M. Gagtiyev, investigator of the OVD of Nazran’s interregional Ivestigative Directorate by the Prosecution of RF for RI of the inquiry № 32p-07/07600032 of 31.10.2007 of the HRC “Memorial”..

23 In the meeting with the HRC “Memorial”’s activists on October 30 in the Prosecutor’s Office of RI.

.


24 The newspaper «Kommersant», 18.06.2007..

25 Ingushetiya.RU, 17.06.2007.

26 Islam Oligov, resided at Malgobek city, in 40, Bauman St, On November 27, 2006 he was shot aend killed by officers of the mobile detachment of MVD RF in the yard of his own house. 27 ноября 2006 г. According to eyewitnesses, when «siloviks» broke into the Oligov's house, Islam was gathering autumn leaves Seeing the armed men, Oligovhe tried to escape throughout the fencing. MVD officers opende fire on him.According to allegations of the officers, Oligov put up armed resistance threatening them with a grenade. Before these events, on September 21, 2006, Oligov was detained by the security structures' officers and was contained in the temporary detention facility of the Malgobek's ROVD and after that – in the temporary detention facility of MVD RI of Nazran.. In 9 days later he was released as innocent.

27 Hussein Uvayssowich Mutaliyev resided at the adress: Kiyevskaya St., 61. On March 15, 2007, he was shot in the yard of his own house by officers of an unidentified security agency arrived from North Ossetia (see the section 3 of this report). Before that, on September 21, 2006, Mutaliyev was detained by officers of the securuty servces and kept in the temporary detention facility of Malgobek's ROVD, then in the temporary detention facility of MVD RI in Nazran.There he was beaten and forced to give false evidence against himself. Nine days later he was released as innocent.

28Hussein Magomedovich Mutsolgov, born in 1986. resided at the adress: Ingushetia, village of Surhahi, 16, Kazansky street-side, Was abducted on May 5, 2007 in Nazran. (see the section 3 of this report). There is information allowing to suppose that he was detained in the secret illegal prison in the village of Goyty of Urus-Martan region of Chechnya (see the section 4.5 of this report).



29The answer № 20p07/07500020 of 10.08.2007 of A.M. Uzhakhov, deputy Prosecutor of Nazran’s district.

The answer № 113 ок-щ7 of 30.12.2007 by M. N. Mogushkov, investigator of the Nazran’s interregional Investigation Department of the Investigative Directorate of the Investigation Committee by the Prosecution of the Russian Federation for RI, Resolution of the investigator M. N. Mogushkov about the transfer of the message (material) according to its jurisdiction of 30.12.2007.

30 In the Temporary operative group of the MVD RF for RI serve the officers of MVD, sent to Ingushetia from different regions of Russia. Practically this structure act independently from MVD RI.

31The answer № 113 оk-sch7 of 30.12.2007 by M. N. Mogushkov, investigator of the Nazran’s interregional Investigation Department Investigative Directorate of the Investigation Committee by the Prosecution of the Russian Federation for RI, Resolution of the investigator M. N. Mogushkov about the transfer of the message (material) according to its jurisdiction of 30.12.2007.

32 http://ingushetiya.ru/news/12327.html

33Hussein Magomedovich Mutsolgov, born in 1986, residing at the address: republic of Ingushetia, village of Surhahi, 16, Kazansky street-side , was abducted on May 5, 2007 in the city of Nazran. (see the section 3 of this report). (note by HRC “Memorial”.

34Ahkmed Muhammedovich Kartoyev, resided in Nazran was abducted on May 22, 2007 (see the section 3 of this report) (tnote by the HRC “Memorial”).

35 Alambek Yassayev, former field commander of the separatists, then the commander of one of detachments of the Akhmad Kadyrov’s security service then the commander of a regiment of the patrol service №2 of MVDof Chechnya, then the deputy Minister of the Interior of Chechnya of public security. In October 2007 he led an attempt of a rebellion againt a part of Kadyrov’s closest environment. (so called “people from Tsentoroy”). He was dismissed, beaten, he leaved Chechnya, renouncing his property and business. (See “Rebellion on knees”. http://www.memo.ru/2007/12/27/2712071.htm). Yassayev, according to the information of HRC “Yassayev” was directly involved in abduction and torture of the residents of Checnya.

36See the bulletin of HRC “Memorial”. The situation in the zone of conflict in North Caucasus in the autumn of 2007: judgment of human rights activists». (http://www.memo.ru/2007/12/27/2712071.htm).

37 INTERFAX-South, 27.09.2007.

38 VESTI..RU,3.09.2007

39LENTA.RU,2.09.2007.

40The meeting took place on October 30 in Nazran in the Prosecutor’s Office

41 Ibid.

42Art. 317 – the attempt at life of a law enforcer. Art. 222 – the illegal carrying of an arm. .

43 From the answer of the deputy Prosecutor of Karabulak A. M. Uzhakhov to the head of the filial of the HRC “Memorial” Sh.A. Akbulatov № 28 p -07/28 of 10.10.2007.

44IA Regnum, 3.09.2007.

45RIA Novosti,, 4.09.2007.

46 In particular, he said against the head of the Karabulak’s ROVD : “Why is he still not dismissed?” He should be in prison together with bandits, It’s more than ten days ago that the investigation began. But if there are something to investigate?» – it was said with regard to the murder of Apti Dalakov. ( RIA Novosti, 13.09.2007 г.)

47 The similar statements have been heard with regard to the local jury trials. Thus, on March 20,, 2006 the Deputy Prosecutor General for the Southern Federal District Nikolay Shepel said that «the institute of the jury trial in the South of Russia, especially in national republics is needed to be reorganized”, because “the clan’s interests in the Russia’s subjects of Federation, where the overwhelming majority of population are relatives, impede to obtain the justice and as a result the evident criminals and terrorists are being released». (Sergey Kissin. The jury trial has to do with the blood feud. // The newspaper «Kommersant», 21.03. 2006).

http://www.kommersant.ru/region/rostov/page.htm?year=2006&issue=48&id=153948§ion=5347



48In the resolution acknowledging Ramzan Amriyev as a wictim of the 13.11.2007, ruled by the senior Investigator of the military Investigation’s Department of the military unit № 68799, major I. V. Tupov it is indicated: «On November, 2007 at about 6 o’clock 55 minutes on the basis of the battle order № 5/5630С of the 9.11.2007by officers of USFSB on the republic of Ingushetia. <…> the special measures to detain Mr. Makhauri R. R., accused by the Investigation agencies of RI in commission of a number o the grave crimes”.

49 R. Makhauri was detained on November, 16, 2007 on the territory of the Chechen Republic in the stanitsa Assinovskya.

50The statement of Ramzan Ababukarovich Amriyev (father of the murdered Rakhim Amriyev) in the HRC «Memorial» of December 18, 2007.

51 gazeta.RU,  13.11.2007

52 ibid.

53Interfax agency., 13.11.2007.

54 Ingushetiya.Ru, 14.11.2007.

55Ingushetiya.ru , 22.11.2007.

56Mohammed Gazdiyev – a disabled person, he is lacking for both arms. His son, Ibrahim Mohammedovich Gazdiyev, born in 1978., was abducted by the armed people on August 8, 2007 in Karabulak. According to the information of Maksharip Aushev, he was detained in the illegal prison in the village of Goyty in (see the section 4.5 of this report).

57It meant the murder of Apti Dalakov on September 2, 2007. (see the section 4.6.1 of this report).

58Agency of the national news, 24.11.2007.

59It is interesting that all the official sources reported only about seven detainees. Indeed, many detained participants of the rally were released soon after their detention. Thus, for example, was released even one of the organizers of the rally M. Gazdiyev. It could be supposed, that here the main role is plaid the evident desire of the Republic’s officials to underestimate the scale of what is happened. At that, it is not to exclude the sympathy of some law enforcers to the participants of the rally.

60Agency ITAR-TASS, 24.11.2007.

61 http://www.ingushetiya.ru/news/10154.html

62Igor Burundukov. An act of terrorism before elections. // Newspaper «Vzglyad», 28.09.2007

63 IA Kavkaz-uzel, 2.10.2007.


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