“Counterterrorism Operation” by the Russian Federation in the Northern Caucasus throughout 1999-2006

Brief overview by the Human Rights Center "Memorial” and Center "Demos": Submitted to the Eminent Jurists Panel in January 2007 in connection with high level public hearings on terrorism, counterterrorism and human rights in Russia

Introduction.

Terrorism has become a grave threat in modern Russia. To protect the rights and freedoms of its citizens the state has not only the right but also an obligation to put up an effective fight against terrorism. However, the actions undertaken by Russia’s authorities in the Chechen Republic and Northern Caucasus since autumn 1999 under the banner of struggle against terrorism cannot be defined as a counterterrorism operation (CTO). The ways the top management and military agencies of the country use force have transformed the CTO into criminal acts resulting in mass victims and outrageous violations of human rights.

It should be noted, though, that throughout the period of 1996-99, the heads of the Chechen Republic of Ichkeria (ChRI) proved to be unable to ensure safety and civil rights on the territory under their administration. They failed to stop brigandage, robbery and hostage taking on the adjacent territories by the gangs based in the Chechnya. Incursion by the armed formations into Dagestan from the territory of Chechnya in August and September 1999 could not but make the leadership of the Russian Federation take measures aimed to ensure citizens' safety and protection of the constitutional order. Such was the situation that made the use of the armed force lawful; however, force should be used within the limits of the law, selectively and proportionate to the threat.

During all the seven years of confrontation, both parties badly violated human rights and norms of humanitarian law. However, the number of casualties among civilians resulting from the actions by the federal center is considerably higher, while the policy pursued by the federal authorities in the Northern Caucasus erodes Russia’s democratic institutes as a whole.

In this report, we are not going to touch upon the line of action of the armed formations fighting the federal party or describe numerous acts of terrorism committed by the adversaries of the Russian Federation in the ChR territory and other regions of Russia. These actions cannot be justified and deserve to be censured.

The report briefly describes the line of actions by Russia’s security agencies in the Northern Caucasus with respect to their observance of human rights and norms of humanitarian law. To emphasize, the internationally recognized authority of the Russian Federation, i.e. the state that has signed numerous international legal documents and assumed respective obligations, controls these security agencies which are responsible for gross and massive violations of human rights..