Memorial human rights center

4.2. Legal status of filtration camps

— FC are mainly used to check the participation of detainees in the fighting and not their identity or residence;

— As mentioned above, people with necessary documents confirming their identity and permanent residence are also being detained.

       Thus, filtration camps can be regarded as places of forcible restriction of Russian citizens’ freedom, whose existence is not provided by Russian legislation.

4.3. Grounds for detention and imprisonment at FC

       Before transportation to FC detainees were kept at concentration points without any official status or name, sometimes for up to several days. (See Sections 2 and 3.4.)
       It was found out that at least in one case, when detainees from Samashki were brought to the concentration point at Assinovskaya in April, they were partly released instead of being taken to FC. These people were not given certificates of detention. Thus, these detainees were not registered in the official detention statistics.
       On the basis of the obtained information it can be concluded that actual number of detained and imprisoned persons in the conflict zone is higher than the official figure.
       Before January 25, 1995, at some FC people were detained without any registration at all (see Sections 3.1 and 3.2).
       When, beginning from early February, detention cases started being documented, in most cases there were no considerable grounds for detention and imprisonment at FC.
       First, detention warrants usually were issued in violation of existing norm and regulations (see Appendix 7). Second, in most cases the warrants refer to the Presidential Decree «On Measures to Prevent Vagrancy and Begging», dated 2.11.93. Irrespective of the legitimacy of the Decree itself, most of the detainees who were brought to FC did have identity papers and some of them were even detained at home where they had permanent registration and did not fall under the Decree.
       Reference to the Decree served as a pseudo legal basis for extending the term of detention without presenting charges up to 10 days instead of 48 hours under the Constitution and 72 hours under the Criminal Procedure Code.
       In the course of examining Mozdok FC papers (see Section 3.1), it was found that in several cases charges had not been presented for more than a month, people remaining detained without any legal grounds. Even under the above mentioned Decree the term of detention can not exceed 10 days.
       Detainees in Chechen Republic are not given a chance to inform their relatives about their detention, though this is provided by Art.5 of the «Regulation on Short Time Detainment of Persons Suspected of Committing a Crime». As a result, detainees disappear for the whole term of detention.
       On the basis of all the information obtained, it can be concluded that the pattern of arbitrary and illegal detentions of Russian citizens and their illegal forcible imprisonment in FC was widely present in the conflict zone. All this was done in gross violation of Article 22 of the Russian Constitution and of the Russian procedural legislation.

4.4. Conditions in detention

       Conditions could vary in various periods of time and various FC but in general they should be characterized as heavy. This was especially true for the initial period of FC operation, being a direct consequence of the fact that logistic support issues were not taken into consideration while setting up FC.
       Nearly all of the detainees who were kept in Mozdok FC in January complained about scarce food, lack of water and terrible overpopulation. In February, things got better at Mozdok FC: there were no complaints as mentioned above. Easing out of this FC (transportation of detainees to Pyatigorsk), slowing down of inflow of detainees and Russian and world public attention to situation at FC, no doubt, contributed to certain improvement of conditions in detention.
       However, new inflow of a relatively large number of detainees, as was after the interior troops operation in Samashki, immediately caused anew cell overpopulation, lack of food and water. It should be noted that lack of water can not be explained by short supply but rather is a direct consequence of misteratment against the detainees.
       In February detainees in Grozny FC were kept in a cellar without heating and light (see Section 3.1). Absence of power and central heating in the ruined city should not be used to justify the decision on setting up a FC in Grozny. Later the building was provided with a generator that gave light to the rooms.
       Information obtained during visits to FC (see Section 3.1, 3.2) and reports of former detainees (see Section 2) prove that detainees at FC were denied essential professional medical care (people with serious injuries were often kept there). There is at least one proved case of a detainee’s death due to lack of professional medical care (Umar Bautdinovich Kasaev: born in 1931; died on January 10 in Pyatigorsk PDF cell — see Section 3.2)
       No documentary proof of beatings and torture were found during visits to Mozdok, Grozny and Stavropol FC.
       However, obvious signs of beatings and torture (including torture with electric current) born by former detainees were repeatedly noted by representatives of human rights organisations, members of Parliament, journalists. These reports also constitute the bulk of testimonies.
       Since the information in detainees’ reports concerning the timing of their detention at FC was fully proved in the course of visits to the corresponding FC, the reliability of such reports increases sharply. Besides, forensic records shortly after their documented release make the reports about torture practically indisputable.
       After public uproar in connection with the media reports about beatings and torture at FC, all the investigators and guards in Mozdok were replaced. From that time up to April, apparently, there was no systematic pattern of torture in Mozdok FC proper (though there were reports about ongoing sporadic beatings of detainees by the guards). However, when large group of detainees was brought there from Samashki in early April beatings during interrogations resumed.
       As mentioned above, before transportation to FC detainees were partly kept at field concentration camps. It were people who had been held there who reported about extremely abusive treatment of detainees.
       Most reports about torture mention that torture was used to force out confession of participation in the armed resistance against federal forces.
       In this sense, MVD officials actions as described in the detainees’ reports (see Section 2) definitely fall under the definition of torture in accordance with Article 1.1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Forms of Treatment or Punishment and are an outright violation of Article 21 of the Russian Constitution.

4.5. Former FC detainees status. The right to compensation

       The conclusions made in Sections 3, 4, 5 put forward the problem of defining former FC detainees’ status.
       On January 24, 1995, Russian President B.Yeltsyn signed Decree N 63 «On Rehabilitation of the Rights of Russian Citizens — Former Soviet POWs and Civilians repatriated during the Great Patriotic War and During the Post-War Period». Article 1 of the Decree provides: «Measures of enforcement on the part of state bodies against Russian citizens who were on political grounds subjected to checkup in concentration, special and filtration camps and camps shall be held contradictory to the fundamental rights of person and citizen and shall be considered political repressions».
       This Decree can be only welcomed.
       It is clear that in strict legal sense the Decree can not be effective in the cases of former FC detainees in the Chechen conlict zone. However, authors of this report believe that the problem of restoring former FC detainees’ rights will inevitably and naturally emerge in the near future.
       Currently, violations on the part of officials can be sued in court in full conformity with Article 46 of the Russian Constitution. Former FC detainees in the conflict zone have the right to compensation, which can be legal ground for litigation, in accordance with the constitutional principle of direct interference and international treaties to which Russian Federation is a signatory: Article 9.5 of the International Convention on Civil and Political Rights, Article 14.1 of the Convention against Torture and the Decree of the Presidium of the USSR Supreme Soviet dated May 18, 1981.

4.6. Responsibility of officials. Procuracy bodies actions in the conflict zone

       Authors of this report believe that actions of the officials and FC staff as well as testimonies and other information should be thoroughly investigated not within the framework of the service investigation but by independent and competent investigators; if confirmed the corresponding persons must be held accountable and punished. Russian legislation does not provide for the responsibility for committing torture but the actions reported can fall under articles concerning responsibility for criminal offense against one’s person and property and abuse of office.
       For the whole period of FC existence Procuracy officials, whose duty it is to verify legal grounds for detention and treatment of detainees, have failed to take any decisive steps to terminate the pattern of illegal detentions, beatings and torture (see Sections 3.2 and 3.3).

4.7. International law and FC in the conflict zone

       Authors of this report believe that judging by the nature, scale and methods of warfare in the Chechen Republic the conflict should be regarded not as a police operation but rather as an internal armed conflict. Accordingly, all parties to the conflict must observe international humanitarian law, in particular Common Article III of the 1949 Geneva Conventions and Additional Protocol II dated June 8, 1977 dealing with «protection of victims in internal armed conflicts.
       Holding of detainees at FC was carried out with gross violations of Articles 4, 5, 6, 7 of the Protocol.
       Detention of citizens and holding them in illegal filtration camps without any legal status was carried out in gross violation of the International Convention on Civil and political rights, primarily of the Article 9 provisions concerning the individual’s right to freedom and personal immunity.
       Authors of this report are particularly concerned that there is quite reliable proof of widespread torture and cruel and degrading treatment of detainees transported and held at FC. This is an outright violation of Articles 7 and 10 of the ICCPR, and is forbidden by Article 4 even in case of emergency.
       Authors of this report understand torture and cruel and degrading treatment as under Articles 1.1 and 16.1 of the Convention against Torture to which Russia is a signatory.
       Federal authorities failed to take administrative and other necessary measures to prevent torture, as provided by Article 2 of the Convention, and thus actually are guilty of connivance.
       Russian obligation under the Convention requires that competent and independent investigation should be carried out and that the abusers should be held accountable.
       Authors of this report believe that the obtained information must be be thoroughly analysed in the Committee against toture and may trigger a confidential investigation, as provided by Article 20 of the Convention.
       The only possible honest position of Russian authorities could be to facilitate such an investigation.
       This alone can save Russia’s reputation as a party to the Convention and as a state which has repeatedly declared its commitment to the human rights cause.

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