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INFORMATION OBTAINED DURING VISITS TO FCs AND PDFs



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3. INFORMATION OBTAINED DURING VISITS TO FCs AND PDFs

3.1. INFORMATION OBTAINED DURING VISITS TO MOZDOK AND GROZNY FCS BY THE GROUR OF RUSSIAN HUMAN RIGHTS COMMISSIONER (FEBRUARY 24-26, 1995)

       On February 24-26, 1995, Russian Human Rights Commissioner Group (RHRCG) visited Mozdok and Grozny to review the situation at FC.
       Previously, in January and February, the Commissioner and/or his Group members (including representatives of Memorial) attempted to get to Mozdok FC thrice, but were ignored or hindered by the officials. For example, on January 17 and 18, representatives of the Procuracy (Russian Deputy Procurator General V.S.Uzbekov and Deputy Chief Military Procurator Lt-Gen Nosov) refused to meet the Commissioner in Mozdok; at the army headquarters he was directly threatened with physical repression; Russian interior troops Deputy Commander S.F.Kavun refused to discuss the topic, citing the necessity of exclusive permission from the Minister of the Interior.
       In the second half of February, Main Department for Execution of Punishment, Russian Ministry of the Interior, (GUIN) head Iu.I.Kalinin declared that the Ministry agreeds to provide S.A.Kovalev, as the Russian Human Rights Commissioner, the opportunity to visit FC at Mozdok and Grozny.
       The Group consisted of Russian Human Rights Commissioner S.A.Kovalev, Deputy Chairman of the Russian Presidential Human Rights Commission S.V.Sirotkin, member of the Commission N.G.Okhotin, Memorial representative A.Iu.Blinushov.
3.1.1. Visit to Mozdok FC

       RHRCG arrived in Mozdok on February 24. But, according to Russian Interior Ministry public relations group chief Col. Vorozhtsov, prison carriages used as Mozdok FC premises were sent for refuelling and water supply refill. (Judging by FC officials’ slips, later it became clear that the carriages had not been sent anywhere.) FC location was surrounded by OMON checkpoints.
       On February 25, the Group arrived at Lukovskaya station accompanied by GUIN deputy head V.I.Orlov (about 6 kilometers from Mozdok). Col. Vorozhtsov refused to grant accompanying journalists access to FC, referring to the top secret status of the site. However, a VoenTV (Military TV) correspondent went with the Group on the initiative of Mr. Vorozhtsov.
       Mozdok FC consisted of three prison cars (two for detainees, one for interrogation) and one HQ carriage. Carriages for the staff were located nearby. At the time of visit there were 14 detainees at the FC.
       As the Group managed to learn, Mozdok FC had changed its location at least twice. Initially (in January), FC carriages were parked in Mozdok station cargo area near coal warehouses also used as FC quarters. Then the carriages were moved towards Lukovskaya. FC administration based this by security concerns.
       RHRCG carried out primary review of the FC premises talking to the detainees briefly and distributing question lists; it was agreed that the group would also examine FC documents. But further actions were blocked by a group of people at FC carriages pretending to be cossak representatives. They were accompanied by a Soviet Russia Mozdok correspondent, but none of them was wearing cossak uniform. These people were carrying an insulting poster. The group had to join a discussion which lasted until its departure from Mozdok FC.
       The fact that there was no guard at the time of these people appearing at the «top secret site» suggests that this was organized by the MVD press-service.

* * *


       RHRCG visited FC again on February 26. Its members talked to the detainees, looked into FC documents, talked to FC authorities and collected question lists from 12 detainees (Ganukaev and Jamaldinov refused to answer). Upon request from the detainees, three of them met RHRCG members in the absence of FC authorities.
       All the detainees at FC (except Abu-Sunyan Salautdinovich Yamsuev) were detained between January 31 and February 24 at Assinovskaya, in Mozdok, at a checkpoint between Samashki and Sernovodsk, etc. (See Appendix 3)
       Yamsuev was detained in Grozny on January 9, brought to Mozdok FC, then, on January 16, to Pyatigorsk FC, then to Stavropol PDF. On February 9, he was taken back to Mozdok together with all other detainees. As far back as in 1994, a criminal case was opened against Yamsuev in connection with a road accident (he fled then), that is why he stayed so long in FC being actually arrested and not detained.
       All the 12 detainees who answered to the quiestion lists were detained without weapons. Grounds for detention: identity check — 7 people; not having identity papers — 1 person; suspicion of forged identity — 1 person; not having permanent registration — 1 person; being wanted — 1 person (Yamsuev); unmotivated — 1 person. 3 people complained about beatings at the moment of detainment; 2 people complained about brutal treatment and appaling conditions during transportation to FC; 2 people complained about illegal confiscation of money and valuables after detainment. Currently, there are no complaints about conditions at FC; one complaint about beatings (the guards beat at night when drunk) — a mask was found in the man’s cell, he claimed that it was dropped by one of the people who beat him. One detainee, who may have had a serious injury, declined confidential talk, apparently, under pressure from the authorities.
       After talks with the detainees and FC authorities it became clear that the former did not receive medical care and were refused walks.
       Group members have checked FC registration papers in search of people known to have been detained or kept at FC. All the names were found in the registration book. Furthermore, the timing coincided with RHRCG’s information obtained from the victims.

* * *


       Mozdok FC was set up in early January 1995; by February 26 a total of 343 people had been taken through the camp. Of them 215 were released to go to their residential address. 68 people were released for subsequent exchange for Russian POWs. 46 people were transported to Stavropol, Pyatigorsk and Moscow PDF; 38 of them were sent back to Mozdok FC on February 12-14.
       At the same time, according to information from Pyatigorsk PDF, 77 people were transported there from Mozdok FC. The obvious contradiction can be explained by mistakes in the registration book. For example, one of the 38 people who were brought back to Mozdok FC from Stavropol had been registered as released and not transported to Stavropol.
       According to examined documents, in the last week of January the average term of detention in FC was:

— for released to go to the residential address — 4-7 days;

— for released for the purpose of exchange — 10-14 days;

— for transported to other places of detention — 14-20 days;

— for those who were brought back to FC after PDF — 30-45 days.

* * *


       FC administration failed to provide any documents concerning legal status of the camp.
       RHRCG could not find any documents justifying detentions before January 24, 1995. The only documentary proof of people being brought to FC during that period is a thin exercise book containing a list of 204 people, checked before January 24. The entries are very brief and do not explain reasons, circumstances and exact place of detention as well as detainees’ residential address. In general, for the period ending January 24, one can’t speak even about imitated legitimacy of detention in FC.
       Since January 24, full names, detention and release (transportation to PDF) dates, dates and places of birth, place of detention, residential addresses, taken valuables and checkup results have been documented. In general, at the time of visit to FC the registration book provided necessary identification information.
       For the same period there are also detention protocols. But they are obviously written afterwards all alike referring to the Presidential Decree «On measures to prevent vagrancy and begging» dated 2.11.93. It is disregarded, however, that many detainees had identity papers with them.
       Medical examination of detainees brought to FC was not carried out untill end of January. However, no resulting papers were written at the time of the visit to FC either. Thus, initially there were no doctors, no medical workers, no papers; and in early February a medical worker appeared at FC, and made entries about the detainees’ health to the book, but still there are no health certificates for the arriving detainees.
       FC administration effective at the time of visit has been functioning since January 24-26. The guards were also replaced at that time. All this staff was sent to Mozdok from various parts of Russia. Before that, it had been members of Ryazan OMON (Interior Ministry special force) performing the functions of the administration and guard. It is important that this unit was reportedly transferred from the frontline in Grozny. This staff change in late January has brought considerable changes in treatment of detainees and documenting the process at Mozdok FC. Since that time there have been no reports of torture in Mozdok. Conditions of detentions have also improved slightly: in February there were no complaints about scarce food and water typical for those who were being detained in the FC in January.
       As we had expected, the Group failed to find any documentary confirmation of reports about beatings and torture at Mozdok FC, received from former detainees.
3.1.2. Visit to Grozny FC (25.2.95)

       Due to MVD officials position the visit was of a very general nature, since it had been obviously made difficult to get there to make shorter the time of the visit proper.


       At the time of the visit, Grozny FC was located in the administrative building of an auto transportation company in the north-eastern part of Grozny (close to the Khankala airport). Previously, one of the buildings near the diary plant had been used.
       Detainees are kept in the cellar separated by metal bars, without heat (like in the other parts of the city), or light. The detainees were kept in complete darkness. As we have learned, soon after the RHRCG visit a generator was installed in the building providing light for the whole of it. Upper floors were used for investigation and as barracks for the guards.
       Because of little time available the Group failed to examine FC papers. According to the authorities, Grozny FC was set up in the last week of January; nearly 200 people have gone through it. At the time of visit there were three detainees at the FC: two Russian soldiers charged with criminal offence against civilians (rape and murder) and one Russian man detained in Grozny with false identity of an MVD official. According to previous reports, there were 29 detainees at the FC on February 23 (reported by V.Vorozhtsov, also documented on video tape by MVD press-center). According to one of the guards who claimed anonymity, in the morning of February 25 a group of teenage detainees (about 30 people) was taken out of the FC in an Ural truck to unknown destination. In reply to the question about their whereabouts GUIN Deputy Head V.I.Orlov told that they must have been delivered to eight newly established Grozny district military administrations which were to deal with the primary checkup of persons detained in Grozny.

* * *


       There is no information confirming the rumours about other FC exept for the ones in Grozny, Mozdok and at Pyatigorsk and Stavropol PDF. In several isolated cases detainees were sent to Vladikavkas PDFs. Thus, it can be concluded that total amount of people who were taken to FC in the conflict zone was about several hundred as of late February; this figure does not contradict with official statistics. It should be taken into consideration, however, that some detainees could have been kept for up to several days in various Grozny military administrations or concentration centers before transportation to FC (for example, at the checkpoint between Samashki and Sernovodsk or near Assinovskaya).
3.2. INFORMATION RESULTING FROM THE VISITS TO PYATIGORSK AND MOZDOK FC BY RUSSIAN STATE DUMA MEMBERS V.V.BORSCHEV AND IU.A.RYBAKOV (3-5.3.95)

       Stavropol and Pyatigorsk FC were established by the order of Stavropol Regional Interior Ministry Command Chief, Militia Maj-Gen V.P.Medveditsky:

ON SETTING UP FILTRATION CAMPS


       In accordance with the request of the MVD Operational HQ in the Chechen Republic and for the purpose of identification and verification of the degree of participation of persons detained in the combat zone in committing crimes and their participation in fighting against the army and interior troops on the basis of the Russian MVD regulations 247 dated 12.12.94 order to:
       1. Set up temporarily filtration camps at SIZO 1 and SIZO 2 SIDISR UVD for the persons brought from Chechnya to be kept separately.
       2. Those responsible for implementing this order should be SIZO 1 chief Militia Col. I.P.Sobolev and SIZO 2 chief Militia Col. B.A.Petrov.
       Stavropol Regional Interior Ministry Command Chief
Militia Maj-Gen V.P.Medveditsky
       During the interviews with Pyatigorsk PDF chief Col. B.A.Petrov and PDF staff as well as in the course of document review it finally became clear that there had been three portions of detainees brought to this FC at Pyatigorsk PDF from Mozdok FC. 46 people were brought on January 6, 24 — on January 11, 7 — on January 16 (for list of detainees see Appendix 4).
       According to the primary medical examination book, medical worker Maksimenko, having examined the detainees brought on January 6, noted only that: Kasaev (see below) had his left leg broken; Abuev had a fragmentation wound in the back of his head. The detainees brought on January 11 were examined by medical worker Brazhnichenko who noted that five people had black-eyes and bruises on the shoulders and all had bruisers on the back from clubs. There was no chance of meeting Brazhnichenko since he had been transferred in February. Medical worker Antonov who examined the detainees brought on January 16 mentioned only that detainee Ismailov had a fragmentation wound in his right hip.
       Umar Bautdinovich Kasaev, born in 1931, brought to FC on January 6, died on January 10 at PDF. Prison hospital papers suggest heart attack as his cause of death. However, when on January 7 Kasaev was given medical treatment it was documented that he had numerous bruises on his chest, a bruise on the back of his head and that his left leg was broken.1 «According to Kasaev», these injuries were recorded as a result of a log having fallen over him on December 30, 1994. It should be noted that no bruises were mentioned in the primary medical examination record. Kasaev‘s death case was investigated by a senior investigator of the Pyatigorsk city Procuracy, V.P.Khlystun. Having been told by Kasaev‘s cellmates and PDF staff that there were no clashes in the cell and Kasaev was not beaten, V.P.Khlystun was quite satisfied, terminated the investigation and preferred not to open a criminal case.

* * *


       There are also prison hospital records of the same PDF concerning complaints of Ruslan Abdurahmanovich Hajiev (see testimonies of Paragulgov, Hamidov and Ugurchiev) about his sight problems and headache.
       On January 19 out of 77 detainees at Pyatigorsk PDF-2 FC, 67 people were transported to Stavropol PDF-1 FC (see Appendix 5), 6 people were released (see Appendix 4) following a letter from Federal Executive Bodies in Chechen Republic Office chief I.Agarkov (see Appendix 6), 1 person died and 3 detainees, according to Pyatigorsk PDF chief, were transported to Moscow PDFs because of the criminal cases opened against them.
       During visit to Stavropol PDF (SIZO-1) it became clear that the detainees transported there from Pyatigorsk were taken back to Mozdok FC in the first half of February. Several detainees, including I.M.Ugurchiev and R.A.Hajiev (due to poor health), were released and some were transported to Moscow PDFs because of the criminal cases opened against them.

* * *


       While trying to clarify the legal status of detainees in Pyatigorsk and Stavropol FC it became clear that partly they had been detained on the basis of the Decree on prevention vagrancy and begging (see Appendix 7) but some detainees had been brought without any formal records. Some of the detainment warrants lacked dates of issue or detention, signature of the detainee certifying that he had been acquainted with the warrant. Moreover, the Presidential Decree’s title was wrongly quoted in these hand-written warrants.
       PDF chiefs explained accepting non-documented detainees by referring to the orders of their superiors, namely Maj-Gen V.P.Medveditsky.
       Pyatigorsk city Procurator in meeting with State Duma members claimed that there were no violations in Pyatigorsk PDF against detainees from the conflict zone. He was referring to the Russian President Decree 2166 dated December 9, 1994, «On Measures on Prevention Illegal Armed Formations Activities in Chechen Republic and in the Zone of the Ingush-Ossetian Conflict», Government decisions, Russian Interior Ministry regulation on establishing FC in the conflict zone, and the corresponding order of the Stavropol Regional Interior Ministry Command Chief.
       Meanwhile, according to journalist L.Leontieva (Moscow News, N 11, 12-19.2.95), Stavropol Deputy Procurator P.Grigoriev told in an interview on January 27 that the «PDF chief had no right to accept people brought to him without any procedural papers, first of all an imprisonment warrant, which, according to the Russian Criminal Procedure Code, can be issued only by a procurator. However, Sobolev conceded that there were no such documents and that he had only an order from his superior General Medveditsky».
3.3. Information obtained during the visit to Mozdok of Human Rights Ngo Observer Mission members A.Blinushov and State Duma Member Iu.Rybakov on 19.4.95

       On April 19, A.Blinushov (Memorial) and State Duma member Iu.Rybakov visited Mozdok FC. The visit was triggered by reports about a large number of detainees being brought from Samashki, who were beaten and mistreated.
       FC official papers consist of two registration books, cell files, and rudimentary investigatory files. Entries in the books and files are made by hand, and there are no pre-typed forms.
       It was revealed that 535 people had been checked at the FC; 89 of them were exchanged for Russian POWs.
       As on April 19, there were only 14 detainees in the carriages, including 4 from Samashki. Like other detainees, villagers from Samashki were detained under the Presidential Decree «On Measures to Prevent Vagrancy and Begging».
       According to the resigstration book, 88 of those detained in Samashki on April 7-8 were taken to this FC. Only 4 of them were still at the FC at the time of visit; 4 people were taken, according to the papers, for exchange for Russian POWs; 4 detainees were transferred to the military administration. The rest were released two days before the visit due to absense of incriminating circumstances. Later, speaking about the prospects of the last 4 detainees from Samashki, Caucuses Regional Procurator Iuri Japov clarified that they would also be released for lack of incriminating evidence.
       FC chief Maj. A.P.Petrov reported that before the operation in Samashki he had received an order from Federal Forces in Chechnya Commander Gen. Kulikov to free up FC carriages for the expected inflow of new detainees.
       We learned that male detainees from Samashki were transported to Mozdok by GUIN special forces. According to detainees released from Mozdok FC, the guard demonstrated brutality. (See testimonies of L.Bunkhoev, B.Arsaev, A.Shamsaev) GUIN special forces currently guard the FC.
       Mozdok FC current staff has been operating since March 29 and consists of people from various places.
       A number of documents, in particular detention reports, prove that the operation in Samashki on April 7-8 was carried out with the participation of Moscow OMON and Orenburg Regional Interior Ministry command special task force.
       Mr.Blinushov and Mr.Rybakov were unable to finish their inspection: all major documents were unexpectedly removed from the FC and individual interviews with detainees were terminated. Blinushov and Rybakov were brought to the Russian Army Group in Chechnya new Commander Gen. Egorov. The latter told them that he considered the inspection at Mozdok FC finished. In case of objections we were free to turn to Semenov in Grozny. All the questions were cut short by Mr.Egorov stating that he had no time to talk to the representatives of State Duma and human rights organisations.

* * *


       On the same day of April 19, Blinushov and Rybakov met Caucuses Regional Procuracy Procurator Iuri Japov, who is exercising supervision over Mozdok FC. In response to the question about his official attitude to the situation at the FC Mr.Japov explained that in fact the situation was beyond the «legal sphere»: there was neither emergency, nor martial law in spite of the war that had been raging in Chechnya for more than four months. Accordingly, FC legal status is still far from defined, and logistic support is practically non-existent. Detainees are provided with dry bread only, the rest has to be taken periodically from the guards’ ration and food parcels from the detainees’ relatives. Mr.Japov pointed out that military command was reluctant to cooperate with the Procuracy, often refusing to provide necessary information. Besides, as Mr.Japov clarified, MVD special units destroy their records before leaving Chechnya. They often operate in masks and do not wear insignia, all officers use pseudonyms. The procurator doesn’t know today how to hold them accountable. According to Mr.Japov, the Procuracy has nothing to do with exchange of detainees for Russian POWs. Neither does the procurator have any information about the detainees who are taken from FC by Federal Security Service (FSS) and military administration. It should be noted that the detainees were transferred only on receipts issued by the above mentioned body’s staff. According to the Procurator, Mozdok FC is to be shortly transferred towards Kyzlyar, to Naurskaya or Chervlenaya villages.
3.4. Attempted visits to concentration center at Assinovskaya

       According to several reports, detainees were sometimes kept for up to several days at concentration centers before being transported to FC; such places appear to have neither official status nor name at all. For example, detainees were held in prison cars at the checkpoint between Sernovodsk and Assinovskaya, in one of the buildings of N2 diary farm near Assinovskaya, in prison cars near the HQ tent at Assinovskaya.
   Apparently, on the eve of the operation in Samashki these centers were brought to one located at Army Southern Group in Chechnya field command point near Assinovskaya. Male detainees from Samashki were partly taken there. According to the detainees, torture and cruel treatment were quite common there. People were kept either in prison cars or in earth holes. Characteristically, detainees from Assinovskaya were mostly released instead of being transported to FC. On April 19, State Duma member V.Borschev and Memorial members V.Losinski and A.Gurianov tried to get to the concentration center at Assinovskaya, but in vain. They met with Southern Group HQ Operational Division Chief Col. Lebedev. According to the latter, some detainees had been kept at a nearby farm indeed, but then they were transferred to the HQ where they were kept in prison cars. He denied keeping detainees in earth holes. According to him, they interrogate the detainees to get information concerning the dislocation of Dudaev forces, weapons stocks, etc. Col. Lebedev turned down the request to meet the detainees, alleging that they they were taken to an exchange point and exchange negotiations were to be finished by that very night. Besides, according to Col. Lebedev, of late there were no Chechens among the detainees, only 2 Russians and one Ukranian who confessed to having killed at least 20 Russian soldiers. Col. Lebedev‘s version was rather contradictory. On April 20, a similar attempt was undertaken by Russian Human Rights Commissioner S.A.Kovalev and Memorial member Ya.Z.Rachinsky. The were not allowed to enter the command point; during a conversation at the checkpoint Col. Kharchenko claimed that there had never been any concentration center in the vicinity. During a brief examination of the second farm no trace of detainees or their stay there was found. On May 26, A.P.Lavut and B.I.Smushkevich, representatives of the Human Rights NGOs Observer Mission, were detained while trying to verify new reports about detainees being brought to the concentration point at Assinovskaya. On the order of a General who refused to identify himself, they were taken to Grozny and then to Mozdok.


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