In this brochure we have tried to
briefly outline Russia’s experience with “counterterrorism”.
It is clear today that terrorism is
a very real danger, one which must be combated both within Russia and beyond
her borders. There are times, though, when the cure is worse than the disease.
It is generally accepted that the
current trend towards the significant and often unjustified curtailment of
human rights under the pretext of fighting terrorism followed from the attacks
of September 11, 2001. However, Russia
proved to be ahead of her time in this process—“counterterrorist operations”
began here a full two years earlier. There are few who remember today that
Anti-terrorism Law was already needed in August 1999, shortly after Shamil
Basaev’s invasion of Dagestan (that is, still before the attacks on residential
properties in Russian cities). This allowed the government to use the armed
forces and restrict citizens’ rights without the approval of parliament, still
at that point an independent body.
Russia has now gone through eight
years of “counterterrorism”, including six on a global scale, and the time has
come to evaluate the results. They are far from comforting: terrorism has not
been vanquished. And indeed, a detailed examination of the techniques of
combating terrorism reminds us that “counterterrorism” was in fact used as a
pretext for significant restrictions and violations of human rights in many
countries long before September 11[1].
A set of hearings on January 29-30,
2007, was organized in Moscow
by the International Commission of Jurists to bring the results of Russian
“counterterrorism” to light[2]. At
these hearings victims both of terrorist attacks and “counterterrorist
operations”, witnesses and experts provided testimony, and a number of Russian
human rights organizations[3]
presented their own reports.
It appears the “Second Chechen War”
is already history, but “counterterrorist operations” continue throughout the Northern Caucasus. Nonetheless the armed resistance is
far from defeated—indeed, these very operations only give it new strength.
Likewise, we can hardly consider these operations “law-enforcing”, as Russian
“counterterrorism”—indiscriminate mass bombing and shelling, cruel mopping-up
operations, the robbery and disappearance of citizens, torture and the
fabrication of judicial proceedings—lies far beyond the bounds of law. It is a
different matter that in order to support such actions numerous laws and
sub-legislative measures[4] have
been adopted; now, eight years later, we live in a changed country.
Antiterrorist legislation, though in essence emergency legislation, proved an
extremely convenient means for everyday governing.
In this brochure we present two
small reports. One addresses the “counterterrorist operation” in the Northern Caucasus—the time has come to evaluate the
results and draw conclusions. The second gives an analysis of Russian
“antiterrorist” legislation.