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"Voluntary Surrender" of Magomed Khambiev

10.03.2004

Magomed Khambiev, a well-known field commander from Aslan Maskhadov's inner circle and Minister of Defense of the Chechen Republic of Ichkeria, voluntarily put down his weapons and surrendered. On March 8, 2004 in the village of Tsentora, M. Khambiev was presented in this light by Ramzan Kadyrov, the “head of security” for Akhmad Kadyrov.

A few political commentators hurried to call his speech pre-election PR, like the destruction days earlier of Ruslan Gelaev. However, in reality, this event is significantly more complicated. The speech was not only about the alternative methods but also about new distribution of roles in conflicts with separatists. This issue can be interpreted differently. Either a new legal regime was introduced in Chechnya, and it separated from the Russian Federation, but then where is the “restoration of constitutional order?” Or, did the authorized regime alter the entire Russian territory, and what actually occurred was an overthrow?

For the people unfamiliar with the situation, Magomed Khambiev's surrender to federal Chechen officials came as a complete shock. In contrast to the “radical” enemies of yesterday, who were created through unions due to the war, Khambiev was with Maskhadov from the very beginning, during the previous war, and during the times between wars. Khambiev did not walk away from Maskhadov during the last years, like different earlier well-known field commanders like Ruslan Gelaev did. As a matter of fact, throughout the duration of the last military campaign Magomed Khambiev was the separatist's Minister of Defense. Therefore, his voluntary surrender was perceived as absolutely inconceivable.

However, under close examination, there is nothing strange about this. In this situation created around Khambiev, his family, and tens of hundreds of close and distant relatives, Khambiev had no other escape. Human Rights Center “Memorial” has its own version of the events surrounding Khambiev.

According to Ramzan Kadyrov and publications in the newspaper “Kommersant,” at first nine of Khambiev's militants were arrested in a few villages in the Nozhai-Urtovskii region “without a single shot.” They were given a choice: jail or “surrender with confession.” They chose the latter (also, according to the information of the regional operative staff, 21 people from Khambiev's detachment put their weapons down.) Later, in the village of Benoa Khambiev's home was blocked off, but Magomed was lucky enough to run away. Only his relatives and men who had been living in the home were held. Soon all but two were released, and Ramzan Kadyrov said to those released, “Persuade Khambiev to surrender or bring him to us, and we will let the rest go.” As a result, March 8, 2004, Khambiev was either captured, persuaded by his relatives, or he voluntarily surrendered. Ramzan Kadyrov gave a somewhat different account of the events to the newspaper “Russkii Kur'er.” “We surrounded his home in Benoa and for three days negotiated.” A reporter asked, “So, you gave him an offer he couldn't refuse?” Kadyrov answered, “Yes, he had no other way out.” On the first day of the “siege” 16 people surrendered, on the second day three people, and on the third day, Magomed Khambiev himself.

As we can see from the evidence, even the events from one of these sources don't exactly coincide.

Information received from different sources paints a picture which differs from Ramzan Kadyrov's presentation of the situation. A correspondent of ”Kavkazskii Uzel” Syltan Abubakarov noted from a reference of one of M. Khambiev's relatives that “on March 1, 2004 massive special operations were conducted in Groznyi, Benoa, and in Nozhai-Urta,” during which militants of a governmental faction captured 20 of M. Khambiev's relatives. Then, through his relatives an ultimatum was set forth: If Magomed Khambiev does not surrender, then all of these [all the captured relatives] will be shot to death. After some time “M. Khambiev was captured in the home of one of his relatives…”

Below we present the information which was collected by the Human Rights Center “Memorial” from various sources such as residents of the Nozhai-Urtovskii region and Khambiev's relatives.

At the end of February in Gudermes there was a “parade,” a general parade of those who are under Akhmad Kadyrov's power such as security services and the department of the police for special operations (OMOH) as well as those not under his control such as special “East” battalion under the command of Sulim Yamadaev, those in the Chechen battalion for special operations of the Main Distributive Administration (ÃÐÓ), and the general staff of the Minister of Defense of the Russian Federation Said-Magomed Kakiev. Having arrived to the parade, Kadyrov and mufti Samaei announced to those who had gathered that they declare a Jihad against the Chechen opposition and that this Jihad is justified (in contrast with others, including the Jihad Kadyrov declared in the first war).

These declarations reached the mountainous Nozhai-Urtovskii region. A procession of vehicles numbered more than one hundred cars, such as '99 “Khyguli,” UAZ-469, UAZ-452 motorcycles; for their help the federal authorities had given them an armored car and helicopter. On February 29, 2004, mass arrests, or rather seizures, began in the village of Mesketa, Benoa, and Turty-Khutor. The main target was relatives of Umar and Magomed Khambiev, who both occupied high positions in Aslan Maskhadov's government. In the village Turty-Khutor about half the residents were captured in much the same way with no regard to sex or age.

The detainment of Khambiev's relatives was not limited to the Nozhai-Urtovskii region. In Groznyi on March 1, 2004, 19-year old freshman medical student Aslambek Khambiev was abducted directly after class. They also arrested Shyta Khambiev, a sixth-year student. A mass protest began; students gathered in front of government buildings and demanded the liberation of their classmates. At first the authorities tried to threaten the students but then entered negotiations, promising to find and liberate the hostages. As a result, Aslambek Khambiev was released. On March 4, 2004, he was thrown out of a car in the village of Benoa and found in a semiconscious, beaten condition. On March 9th, 2004 he was located in a regional hospital in critical condition. The fate of Shyta Khambiev is still unknown.

Finally, an earlier unprecedented practice occurred. Around different populated points in Chechnya, supporters of Kadyrov arrested and abducted Khambiev's female relatives who had already married and left their native villages. During the detainment of Aslambek Khambiev's sister, who was living with her husband and children in Gudermes, her juvenile son was critically injured. They took her together with her husband, who was subsequently set free. She alone was kept at Ramzan Kadyrov's base.

According to the information from workers in the Ministry of Internal Affairs of Chechnya, sixteen people, including five women, were arrested and delivered to official holding places. Of those captured, apparently there were from 40 (low estimation given by relatives) to 200 (according to residents). People were held in various places such as in the Isolation for Temporary Confinement (IVS) of the Nozhai-Urtovskii Regional Department of Internal Affairs, in buried cisterns used for gas on the outskirts of Benoa, and in Gudermes at Ramzan Kadyrov's base for “security services” and in Sulim Yamadaev's special battalion, the latter two being illegal places of confinement.

Soon thereafter began the “special operation” against Magomed Khambiev. Through intermediaries the demands were delivered to Magomed Khambiev: give yourself up, or the fate of your relatives, including elders and women, will be grave. It was clear that these were not empty threats.

After this ultimatum, Magomed Khambiev “voluntarily” surrendered. What's more, the residents of Chechnya did not understand nor did they accept his choice. To pay for his own freedom with the freedom and lives of his relatives would mean a violation of understood, unofficial, cultural laws and traditions. In this way this “operation” was not limited to one siege on one house during the course of three days. For a week and a half not only in the Nozhai-Urtovskii region, but also throughout all of Chechnya, including Gudermes and Groznyi people not even involved with Magomed Khambiev or guilty of being his relatives were arrested. They basically forced him to surrender. They accomplished their goal. It is true that their means of attaining this goal, the holding of hostages, threats, and blackmail are troubling. It seems that by using these methods, they are branding themselves as terrorists.

Shamil Basaev in Budennovske, Salman Raduev and Turpal Atgireev in Kizlyara and in Pervomaiskii, Movsar captured hostages in Moscow at the Dubrovka Theater and then presented his demands to the government. These people are justly called terrorists. The same or almost the same means were used against these very separatists. Of course it is possible to say that they themselves are former separatists, Kadyrov and Yamadaev. Incidentally, during there own time they also did not object to abducting people.

But this would be an obvious simplification. In the first Chechen war, hostages and “human shields” were widely used by the authorities. Additionally, between the years 1994 through 1996 these people implemented a hostage paradigm in Chechnya which showed an enormous wave of abductions in 1997. Near the end of this war in August 1996 “exploits of Shamil Basaev” occurred again in Groznyi when he captured nine city hospitals.

Usually the use of hostages is carefully kept quiet, but in the case of Khambiev, the situation was almost advertised except during the last days when they tried clumsily to cover it up.

If now they are destroying “opponents” of the federal government by using Chechen fighters and groups then why wasn't this same method used five years ago? Then through Turpal Atgireev a consultation with Moscow was conducted to help liquidate the offensive leaders of the extremists and of the abductors by the officials of Ichkeria. That this was possible in the first place is indicative of the events during the 1999 in the village of Bamut, where under the leadership of the head of the administration came forward against the well-known “Vakhabist” and Ruslan Khaikhoroev's abductors. However, Atgireev was arrested in Moscow, and negotiations were spoiled. Then, five years later, all of Chechnya was destroyed, tens of thousands of people were killed or died, hundreds of thousands became refugees, and the Federal Center, as a matter of fact, “blessed” Chechen groups' use of harsher methods. These groups acknowledge that these past five years have been lost in vain and has uselessly crippled people's fate.

Just as the use of hostages in conflicts with partisan and rebel movements are not new to the Russian Federation, nor were they new to the Soviet Union.

In 1921 rebel and partisan forces acted precisely in this manner during the suppression of Antonov's uprising around Tambov. They captured and shot many residents of the village, declared them hostages, and shot someone to demonstrate that they were serious. After this episode the remaining people in the village began collaborating with the USSSR to catch the “criminals.” Others started acting against the rebels with no less powerful means as chemical weapons.

At the end of the 1940's a hostage situation was used in the Baltic regions and in West Ukraine. In these places entire families of partisans called “lesnye braty” and supporters of Bander were arrested and sent to Siberia, and by the power of security sector of the government national partisan movements were suppressed.


However, much has drastically changed. An international legislation has developed. Now the use of hostages by the government, by force, or those acting in this nature, will be, from the point of view of international rights, war criminals and even more terrible than terrorists. The country has changed; a somewhat democratic Russian Federation has turned its back from its totalitarian past. Russia joined a pact on human rights, under which the use of hostage situations should have been terminated. Finally, the wars in Chechnya began precisely under the slogans like “Restoration of Constitutional Order,” “Struggles with Terrorism,” and one of the main focuses was the capture of hostages.

Will it be specified within the bounds of which authorized regime do these aggressive “Kadyrov” groups act? The seizure of hostages is absolutely prohibited not only in a peaceful life, but even in regimes in a state of emergency or those acting during the course of armed conflict of standard international human rights is the seizure of hostages not permissmisible.

Then of what kind of “restoration of constitutional order” could the speech be about? More likely, it is a return to separatism (in the sphere of rights it is a return, and in other spheres will soon be), so to say, to a new dialectal turn.

It is horrible when criminals and terrorists take hostages; however, it is even worse when this is done in the name of the government because the distinctions between power and criminals and between legal and illegal is obliterated. The open use of hostages in the Chechen Republic could mean a return to the past for all of Russia. The return, on one hand, can be seen in Chechnya five years ago at the end of the 1990's, and on the other hand this practice can be seen a half century ago in Stalinist Russia, a practice that was looked fondly upon.

The majority of people who were arrested by “Kadyrovs” during the “special operations” for the capture of Magomed Khambiev were freed. The situation probably would have been worse if Khambiev's entire family had not been deported (as well as all the people they were connected with). It would have been worse if “federal authorities” had driven away those arrested, and then had their remains been found. It should not be said that this outcome is better because there is no better choice in conflicts between these horrible and monstrous people.

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Svetlana Gannushkina

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May 2007 Fabrication of “Islamic extremism” criminal cases in Russia: campaign continues

04.05.07 Imminent provocation? Human rights activist from Ingushetia might become victim of security officials

02.05.07 The Situation in the North Caucasus: November 2006 - May 2007: Apotheosis of the "Chechenisation"

05.04.07 Open Letter by Russian Human Rights Organizations to the President of the United States

29.03.2007 Abduction Failed: Fifteen North Ossetia Law Enforcers Detained in Ingushetia

02.03.2007 International Memorial Nominated for the Nobel Prize

28.02.07 Svetlana Gannushkina is a Winner of the Czech Award "Homo Homini"

28.02.07 "The Caucasian Knot" - Winner of Gerd Bucerius Prize

01.02.07 “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

30.01.07 Public Hearings on Terrorism, Counter Terrorism and Human Rights in Russia (Moscow)

15.01.07 "Memorial" newly Registered in Arkhangelsk

for 2006 DISAPPEARANCES AND KILLINGS IN 2006 IN CHECHEN REPUBLIC

for 2005 DISAPPEARANCES AND KILLINGS IN 2005 IN CHECHEN REPUBLIC

for 2004 DISAPPEARANCES AND KILLINGS IN 2004 IN CHECHEN REPUBLIC

08.12.2006 In Chechnya a Resident of Stanitsa Assinovskaya was Abducted and Tortured

05.12.2006 Visit of the delegation of the PACE in Chechnya

13.10.2006 IN MEMORY OF ANNA POLITKOVSKAYA

18.08.2006 Chechnya: Under Public Pressure Investigator of Urus-Martan ROVD Officially Apologized For Attacking Defense Lawyer

18.08.2006 Chechnya: the Head of Investigating Department of Urus-Martan ROVD Attacks a Defense Lawyer

18.07.2006 Hunger strike of Ingush Forced Migrants from North Ossetia Has Continued for 14 days

05.07.2006 Address of the Conference “Human Rights in Russia in the Year of Her G8 Presidency and Council of Europe Chairmanship” to the Leaders of the G8 Nations

19.06.2006 Illegal Jail in Oktyabrsky District of Grozny was Functioning until May 2006

09.06.2006 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial»
1. Should There Be No IDPs in Chechnya? Residents of Temporary Residence Centers Are Ready To Move But Only To Permanent Housing 6/06/06
2. A Man “Disappeared” on the territory of Government Administration in Grozny 8/06/06

01.06.2006 Special Operation in Stanitsa Nesterovskaya of Ingushetia: Security Servicemen Publicly Commit a Summary Execution

17.05.2006 There Should Be no Forced Migrants in Chechnya?

04.05.2006 Seven Days without Light. "Majskij" Camp for Ingush Forced Migrants from North Osetia Is Cut off Electricity

21.04.2006 In Ingushetia the Jury Acquits Magomed Aspiev, Accused of Armed Activity Against the Russian Federation

18.04.2006 On 9 April 2006, near the village of Sernovodsk, servicemen of unidentifie law enforcement agencies kidnapped Bulat Chilaev (born 1979)

13.04.2006 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial». Exacerbation of Tensions in the Area of Ingush-Ossetian Conflict
Ethnic Ingush "disappear" in Prigorodny District of North Ossetia. Crimes remain uninvestigated

21.03.2006 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial». March 2006. Discrimination

03.03.2006 Russian NGOs presented their reports in Vienna on the eve of the third round of EU-Russia consultations on human rights

02.03.2006 The Chechen Republic: Consequences of “Chechenization” of the conflict

02.03.2006 Vitaliy Ponomarev, Elena Riabinina. Concocting criminal proceedings for “Islamic extremism”

02.03.2006 Svetlana Gannushkina. On the situation of Chechens outside Chechnya July 2005 – February 2006

02.03.2006 Northern Caucasus. Conflict Spill-Over Outside the Chechen Republic in 2004-2005 (Ingushetia and Kabardino - Balkariya)

27.02.2006 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial». February 2006

27.02.2006 Ingushetia at the End of 2005: Explosions, Abductions, "Special Operations"

27.02.2006 Mulsim Gutseriev has been acquitted, the Jury Corrected 'Mistakes' of Investigators

05.02.2006 Representatives of Security Agencies Tried to Kidnap a Man From the Court Room After the Jury Passed an Acquittal

31.01.2006 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial». January 2006

23.01.2006 A Family Member of Applicant to European Court for Human Rights, Mekhti Mukhaev, Has been Illegally Detained and Subjected to Severe Torture

11.01.2006 The Borisovs: innocent people face 20 years in jail on trumped-up charges

09.11.2005 Starye Ataghi settlement was shelled

28.09.2005 A Conveyer of Violence. Human rights violations during anti-terrorist operations in the Republic of Ingushetia. September 2005

26.09.2005 An Open Letter to the Russian Public and the International Community

20.09.2005 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial». September 2005. “Ryazan trainings” continue in Nazran?

05.09.2005 The open letter to the Governments of the EU Member States and the Russian Federation, the Federal Assembly of Russia, the European Parliament, the European Commission, and the EU Council Secretary General

19.07.2005 The open letter to the Governments of the EU Members and the Russian Federation, the Federal Assembly of Russia, the European Parliament, the European Commission, and the EU Council Secretary General

05.07.2005 The Ivanovo “akromists” arrested for encroachment on the President and constitutional system of Uzbekistan

29.06.2005 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial» June 2005

01.06.2005 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial» April 2005

19.05.2005 Ingush-Osetian conflict of 1992: Roots and Evolvement (may 2005)

14.04.2005 Views of Russian NGOs - Human Rights Center "Memorial" and Center "Demos" Regarding the PACE Roundtable on Chechnya

06.04.2005 Mopping up operation in the village of Katayma in the city of Grozny

17.03.2005 Chechnya 2004: “New” Methods of Anti-Terror. Hostage taking and repressive actions against relatives of alleged combatants and terrorists

14.02.2005 Abducted Rights defender is free again

14.02.2005 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial»January 2005

09.02.2005 Cease-Fire in Chechnya and Talks with Maskhadov are Necessary. An Open Appeal to the President of the Russian Federation from Leading Russian Human Rights Activists

08.02.2005 Andreas Gross has directed the answer to the open letter Russian and International NGOs

08.02.2005 The Whereabouts of 7 Relatives of Maskhadov Remain Unknown

02.02.2005 [PACE] Declaration on the recent human rights violations in the Chechen Republic

01.02.2005 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial» December 2004

01.2005 From Chechenization to Palestinization - The Human Rights Situation in Chechnya and North Caucasus in 2004

24.01.2005 Open Letter from seven Russian and international human rights NGOs concerning the creation of a Round Table in the framework of the PACE Political Affairs Committee regarding human rights, democracy and the rule of law in the Chechen Republic

18.01.2005 We ask you to pay attention to the case of Zara Murtuzaliyeva - Monstrous fabrication of terrorism charge

14.01.2005 Chechnya: Who Is Behind Human Abductions?

12.01.2005 In December 2004 A. Maskhadov's eight relatives have been abducted in the Chechen Republic

10.12.2004 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial» November 2004

10.11.2004 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial» October 2004

04.11.2004 Power Agencies Assault the Mosque in Sleptsovsk

10.10.2004 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial» September 2004

10.09.2004 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial» August 2004

05.09.2004 Beslan: the Hostage-taking at the School

28.08.2004 Illegal Detainments and Summary Executions in Ingushetia (August-July)

24.08.2004 Armed Raid on Grozny, August 21, 2004

20.08.2004 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial»
Chechen IDPs Forced Back to Chechnya: “Uchkhoz” in Yandare after June 21

10.08.2004 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial»
July 2004

10.07.2004 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial»
June 2004

10.06.2004 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial»
May 2004

10.05.2004 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial»
April 2004

07.05.2004 Refugees in Ingushetia. Reinstatement to the List. Only through Court?

15.04.2004 Detainment and Murders of 8 Shalinskii Region Residents of the Village of Duba-Urt

14.04.2004 Mother and Five Small Children Dead After Aerial Attack on Civilian House in Chechnya

10.04.2004 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial»
March 2004

08.04.2004 Joint Statement by Amnesty International, Human Rights Watch, the Medical Foundation for the Care of Victims of Torture, and Memorial "The Situation in Chechnya and Ingushetia Deteriorates. New Evidence of Enforced Disappearances, Rape, Torture, and Extrajudicial Executions"

10.03.2004 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial»
February 2004

10.03.2004 "Voluntary Surrender" of Magomed Khambiev

10.02.2004 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial»
January 2004

10.01.2004 FROM THE CONFLICT ZONE Bulletin of Human Rights Center «Memorial»
December 2003

Archive 1999-2003 ]