Complaint of Defense Lawyer of suspect Solsbek Gelogaev, August 2004 21
Adbuction and disappearance of Adam Bersanov December 2004 21
2. Methods used at the inquests and investigations of residents of the Republic of Ingushetia suspected of terrorism and of participation in illegal armed units 22
3. Ingushetia in 2005: Examples of detention operations on individuals suspected of terrorist activities and participation in illegal armed units; investigations of crimes allegedly committed by them 26
3.1. Illegal detention and death of Adam Gorchkhanov 27
3.2. Case of Adam Parchiev 28
3.3. Case of Magomed Khamkhoev 30
3.4. Case of Magomed Tsakhigov and Alikhan Ibragimov 35
3.5. Case of Bekkhan Gireev 39
3.6. Case of Khasan Egiev 40
3.7. Case of Gelani Kholukhoev 41
3.8. Five statements from those accused of participation in the events of the night of 21 — 22 July, 2004 42
3.9. Illegal detention and disappearance of the Kodzoev brothers 49
3.10. Illegal detention and "disappearance" of Magomed Merzhoev 50
4. Recommendations 51
List of Abbreviations 54
The first version of this report was published in July 2005.
The draft of this report was presented to the President of the Russian Federation 20 July, 2005, at meeting of the President with the President of the RF's Council on assistance for the development of institutes of civil society and human rights, among the materials of the Council.
In October 2005 small additions have been made to the report.
Abductions continued in the fall of 2005 in Ingushetia; relatives of the abductees turned to human rights center Memorial in Nazran. The majority of the abducted were subsequently “found” by lawyers within a few days in provisional detention facilities in North Osetia or Ingushetia, as a rule, having already managed to confess to committing terrorism-related crimes. One person died from his injuries received in detainment. Two abductees disappeared without a trace.
In 2005, judicial decisions on indictments in terrorist activities were made for several cases which Memorial had been tracking since 2004. Evidence of the guilt of the accused comprised, on the whole, their own confessions regarding their criminal acts, which were made during preliminary investigations. According to the testimony of lawyers and the statements of relatives, these people had been cruelly tortured. In addition, Memorial received six statements from the detention locations — from the accused themselves — wherein it was described in detail how the young people were subjected to torture and humiliation until they signed "voluntary confessions".
"Who will I become? How will I live in this country if you sentence me, without evidence of my guilt, to such a long prison term for crimes I did not commit?" asked 27-year-old Magomed Khamkhoev in his closing statement in court. Khamkhoev was sentenced to 10 years — in the opinion of his lawyer Umar Khayauri, chairman of the 21st Century board of lawyers in the Republic of Ingushetia, Khamkhoev was sentenced despite the complete absence of an evidentiary basis for his having committed the crime.
The evidence collected in this report compels us to demand an examination of the activities of law-enforcement agencies and the provisional detention facilities in Ingushetia and North Osetia. It is clear that a conveyer of violence has been installed in the North Caucasus which comprises law-enforcement agencies, the special forces, the inoperative office of the public prosecutor, the courts which are incapable of revealing falsification, and even some lawyers. Innocent people are inevitably lost to the machine while the real criminals go unpunished.
Memorial warns that the existing system is incapable of effectively fighting terrorism and will, on the contrary, beget the most horrendous forms of terror.
Memorial does not call into question the necessity of the fight against terror. However, this fight must be conducted in accordance with the legislation of the Russian Federation and the international obligations of the Russian Federation to observe human rights.