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HR news |
FROM THE CONFLICT ZONE
Bulletin of HRC "Memorial"
February 2006
"Memorial" Warns about an Attempt at Fabrication of a Criminal Case against a Family Member of Applicants to European Court for Human Rights, Mekhti Mukhaev
In the end of January HRC "Memorial" reported illegal detainment and torture of Mekhti Mukhaev, a family member of applicant to European Court in Strasbourg, with the aim to fabricate a criminal case against him. Mekhti Mukhaev, born in 1958, comes from a high mountainous village of Zumsoj, Itum-Kalinsky district of Chechnya, is the father of five half orphaned children (Mukhaev's wife died in labor in 2000).
Mukhaev was abducted by armed men in masks at night of 29/30 December 2005 on the information received from a man named Isa Gamaev. Gamaev who had been detained earlier, during interrogation pointed at Mukhaev as a member of his armed group. On February 1 2006 Human Rights Center "Memorial" received an application from Isa Gamaev, where he states that he slandered Mukhaev under severe torture and in fact Mukhaev was not guilty. Nonetheless, on February 8 Mukhaev was accused of crimes stipulated by article 209 of the Criminal Code of the Russian Federation (Banditism), which entails punishment of 8-15 years in prison.
Below is the outline of events, related to the case of Mukhaev-Gamaev before and after "Memorial" lawyer entered the case.
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On December 31 2005, the day after Mukhaev's arbitrary detention, his relatives managed to find out through their private channels that the same night he was brought to Urus-Martan district court and appointed arrest for 15 days for "minor hooliganism".
For 11 days Mukhaev was cruelly beaten and tortured in Shatoy ROVD, he was shown photos of unknown people and demanded to identify them. Mukhaev was unable to identify anyone. On the 12th day he was transferred to ORB-2 (Operations Reconnaissance Bureau) in Grozny. There Mukhaev's situation became even worse. As a result of torture which he was subjected in one of the rooms of this institution, he remained unconscious for 24 hours. Mukhaev was threatened that he would "disappear", unless he delivers at least some kind of "confession":
From the application of Mukhaev to the Prosecution of the Chechen Republic and HRC "Memorial":
"After that they again took me away and again tortured and threatened and kept saying that I will disappear without trace. They said that the federals had arrived to get me and that they want to take me to Khankala1 that then I will definitely disappear. Then Russians entered the room and those who tortured me told them: "Hold on a little more" and then to me "You have to say at least something or they will take you and you will never return home, think of your old mother, she will die if you disappear, think of your children". I thought that, indeed, my mother would die if also I disappear, I thought may be it is better to go to prison and serve a sentence than to disappear, so I told them that once unidentified armed people broke into my house and threatening me with guns demanded food, they ate and left. When they asked who were they? I said that I did not know. On the photos I recognized those persons who were widely known by the people.
When Mukhaev regained consciousness a doctor received access to him, who rubbed in ointments on his wounds and bruises, in order to make them less visible. Nonetheless, when on January 20 2006 the lawyer invited to Mukhaev by HRC "Memorial", finally got access to his defendant, Mukhaev had obvious difficulty in moving around, he could not sit for longer period of time, had obvious difficulty in breathing, hearing and complained about edema of legs, strong headaches, pain in the area of kidneys and lungs, had a wound on his nose and bruises all around his body. Visually visible marks of beatings were registered in the medical documents of Mukhaev when he arrived to preliminary detainment facility SIZO-2.
On January 23 HRC "Memorial" disseminated a press-release on illegal detainment and torture of Mekhti Mukhaev. HRC "Memorial", Executive for Human Rights with the President of the Russian Federation V. Lukin, International Helsinki Federation and other organizations faxed their inquiries and letters of concern to the Prosecution of the Chechen Republic. "Novaya Gazeta" (N6 of 2006) published an article by Anna Politkovskaya on Mukhaev case.
On January 30 relatives of Isa Gamaev invited him a lawyer of their choice (previously the interests of Gamaev were defended by a lawyer "on duty", appointed by the investigation according to article 51 of the criminal procedural code of the Russian Federation).
On February 1 Gamaev and Mukhaev were again transferred from SIZO of Grozny to ORB-2, of which their advocates were not notified. In ORB-2 Mukhaev was first subjected to medical examination and then kicked and beaten with fists and a chair. He was demanded not to change the evidence provided earlier. Gamaev was not beaten, but "with good intentions" recommended not to complicate his situation and not to deny the evidence provided earlier.
On February 2 the whereabouts of Mukhaev were established by his advocate. Representatives of "Amnesty International" (London), International Helsinki Federation (Vienna), HRC "Memorial" called ORB-2 and expressed their concern with the possible mistreatment of Mukhaev, which had already happened to him previously. In the evening Mukhaev and Gamaev were returned back to SIZO. The doctors of SIZO documented a "haematoma in the area of left scapula, 6 sm. long" and "complaints on heartache" which appeared on Mukhaev's body after his trip to ORB-2.
The same day HRC "Memorial" received a statement from Isa Gamaev, where he states that he was subjected to torture in Nalchik and on the premises of the Russian military base in Khankala. As a result of this torture Gamev slandered himself and Mukhaev. Similar statements Gamaev sent to the prosecution of the Chechen Republic, to Executive for Human Rights with the President of the Russian Federation Lukin and member of expert council for human rights with the President of the Russian Federation Svetlana Gannushkina.
From the statement by Isa Gamaev:
On December 10 2005 I was detained at the exit from the hotel, located on the territory of new bus station in the town of Nalchik (Kabardino-Balkariya- Memorial). I was detained by a militiaman, who worked in the station, located also on the territory of the above mentioned bus station, where I was brought for verification of identity and of the purpose of my visit. I know this militiaman in person because during each visit to Nalchik he carried out the above mentioned procedures. This time he brought me to his working place, where he kept me until the other militiamen came, who took me to the 3d department (this I understood from their conversations by radio transmitters).
Upon arrival I was immediately asked about the facts and crimes committed by a military formation "Djamaat", demanded to confess my participation in it. When I started to deny the crimes which they incriminated me, they beat me up with a rubber baton, fists and kicked me on the head and other parts of the body. In the evening, having told me that I was released, they took me outside the building escorted by three security servicemen. Having walked 10 meters we approached a car (foreign car). At this point one of them suddenly hit me in the stomach. In the moment when I crouched in pain two other men twisted my arms, put hand cuffs on, put a sport hat on my face and put me in a car in a chair next to the driver. From the 3d department I was brought to some kind of cellar, on the way there they kept threatening me with death for participation in "Dzamaat". There was no light in the cellar, there I spent 2 days. All this time I was subjected to torture and degrading treatment, namely they bound with tape my eyes and mouth (in the area of mouth they made a hole, connected electric wires to all parts of the body (legs, hands, head), hit me with rubber baton, kicked me. They poured water on me to bring me back to consciousness; after that torture continued. I could not observe the change of day and night, torture would stop only for several hours (3-4 hours). On the second day of torture I named those persons, whose participation in Dzamaat was widely known, i.e. the names of Doka Oumarov, Tarkhan, Azimov Anzor, "Elkin", "Kazakh", Oumar ("Lion") were associated with 'Dzamaat' by all our villagers and residents of neighboring settlements.
However, I have never seen anyone of them. The first time I saw them was on the photos, presented to me by security servicemen in Nalchik. When I was asked to identify Tarkhan, I pointed at someone at a picture, after that I got a strong blow in the head, because I pointed at the wrong person.
After three days in Nalchik I was transferred in the boot of a car to Khankala, where I was placed into a concrete cellar. There I remained in the same condition, with my eyes and mouth bound with tape. My hands in the handcuffs were tied to concrete tube. During the first day they gave me water and food once, and also one cigarette and half a glass of vodka. After that having told me that they already know everything I told in Nalchik, they demanded additional facts and details of committed crimes.
When I said that I do not know anything else, I was subjected to torture: in the area of kidneys they pierced a medical needle and connected it to electric wires, they put electric wires into my mouth, hit with wooden baton on the heels, on the head and all parts of the body. Because I told them that my first acquaintance with the members of "Dzamaat" took place in a cave, located close to Zumsoj, they took me by helicopter to show the place which I described. However, certainly, as was easy to predict, there was no cave near the place which I pointed at and in the proximity of that place, and it could not possibly be there, since I told them about the cave only because I had nothing to say and I could not bear the torture anymore.
In Khankala I remained for 10 days and then I was transferred to Khasav'yut (Dagestan- Memorial), to the 6th department2, where I was kept for two days. Here I was also tortured and subjected to degrading treatment: they hit me with a rubber baton targeting at one and the same right side of my head, hit me with fists, kicked all around the body. I was subjected to such treatment because I was not adding anything to the evidence which I provided in Nalchik and in Khankala. On the third day I was brought to ORB-2 in the city of Grozny. Such were the means and the methods which they used for extorting this evidence from me... Also under torture I was forced to slander Mukhaev Mekti, resident of the village Zumsoi...
On the basis of the facts outlined above I ask you to take measures on the facts described in this application and defend my rights, guaranteed by Constitution of the Russian Federation, stipulated by articled 2,18,21.
02.02.2006
On February 5 the 1st federal TV channel ORT showed a reportage, where was shown Isa Gamaev, his case was commented or by the head of the Regional Operations Headquarters Arkady Edelev (below we quote a transcript, posted at the website of the 1st channel)
In Dagestan was captured Isa Gamaev, a fighter with a video archive of a band:
Host:
In Dagestan as a result of a special operation carried out by MVD was captured a fighter, on whose account there are several terrorist acts against the military and civilian persons. His actions he recorded on a tape. The investigators have already started examining these records.
A reportage by Alexey Sonin:
Yet another propaganda video record was expropriated from the fighters. In the center is Doku Umarov, one of the chieftains of the bandit underground, an ideologue of vakhabism in the North Caucasus. But this time there is no talk of the ideas of Islam, the speech is targeting youth and resembles a incitement to brother killing war. The record was expropriated from the fighters: "You kill, do not make a distinction between relatives, we will acquit you, you will not be punished."
On top of it bandits promised money for each successful sally. Isa Gamaev was seduced by dollars. His first bloody salary he received for subjecting to fire a convoy of federal forces.
Isa Gmaev, the detained (operational record by MVD of the Russian Federation): "Kazakh, Gaziev, Tarkhan shot from the grenade launcher. And I had a machine gun 7, 62 and two sets of bullets. I have spent both sets, I do not know if I hit the target or not."
A video record extorted from the fighters: the bandits subject to fire a lorry truck.
This sally the fighters recorded as a report to their foreign sponors. Here you can see well how they attack a lorry, loaded with planks. This lorry brought to Itum-Kale construction materials for repairing school and a kindergarten. During the attack one military servicemen was killed and 5 others injured. Money received for this diversion Isa spent for parting with his friends.
Isa Gamaev- the detained (operational record of MVD of the RF)
- When I had money I went to Nalchik
- What did you do in Nalchik?
- I relaxed in the hotel
However, the investigation does not exclude the possibility that the detained went to Nalchik not only for rest. The MVD servicemen found in the city a big arms cache. From the cache 7 Makarov pistols, charges for grenade launchers, hand grenades and about a thousand bullets have been withdrawn. The expertise showed that the pistols were stolen from the station of State Drugs Control in December 2004. The investigation is checking all versions, in the meantime Isa Gamaev is already charged with several heavy articles.
Arkady Edelev, the deputy director of the minister of internal affairs of the Russian Federation, the head of ROSH3 for carrying out the Counter Terrorist Operation in the North Caucasus:
"Participation in the murder of the local militiamen of Itum-Kalinsky ROVD, the attack on the auto column in the highway Shatoy-Itum-Kale, which delivered construction materials for restoring houses not only of the people in Itum-Kale, but also for social construction sites, school and kindergarten."
Now the bandit is repenting. He gives detailed account of the activity of the multinational group, which he belonged to. According to him, there were Chechens, Kazakhs, Arabs in this group. It seems there was no ideology here either. According to Isa Gamaev, they turned into bandits, for whom burglary and murder became a daily craft.
On February 7 a second confrontation between Gamaev and Mukhaev was to take place, of which the advocate of Gamaev was not notified. Moreover, in the morning of February 7 the lawyer of Mukhaev received a phone call from the investigator M. Petukhov and announced her demur4. The same morning the lawyer of Gamaev received a call from an investigator on duty who called himself Ibraghim and announced that Gamaev rejected her services. "Memorial" quickly invited another qualified lawyer for Mukhaev. The advocate of Gamaev managed to insist on a meeting with his defendant before the confrontation. Gamaev asked her to stay. In the presence of two lawyers a confrontation took place. The investigator Petukhov took a written undertaking from the two lawyers not to divulge the information about the course of preliminary investigations.
As "Memorial" subsequently learnt from the lawyer of Gamaev, his defendant complained that before the confrontation he was taken to ORB-2 and "threatened disgracefully" (i.e. with sexual rape - "Memorial") in case he denies the evidence which he had previously provided; and during the confrontation a representative of ORB was present in the capacity of Gamev's escort, which was certainly a threatening factor for Gamaev.
On February 8 Mukhaev was charged with article 209 (banditism).
HRC "Memorial" argues that after Gamaev has made a statement that he slandered Mukhaev under torture and evidence provided against him does not correspond to reality, the criminal prosecution of the family member of the applicant to Strasbourg Court Mekhti Mukhaev is nothing but a direct attempt at fabricating a criminal case against Mukhaev, possibly with the aim to exert pressure on his family. We appeal to Russian and international organizations to closely follow this case and send their inquiries to the Prosecution of the Chechen Republic and the Russian Federation, Human Rights Officials of the Russian Federation.
Vladimir Pavlovich Kravchenko, Prosecutor of the Republic of Chechnya, RF
Via facsimile + 7 (8712) 22 31 44 , + 7 (095) 777 92 26
Head of the North Caucasus Department of the Prosecutor General's Office, Yessentuki
Via facsimile + 7(8793) 460 700
Vladimir Ustinov, Prosecutor General of the RF
Via facsimile +7(095) 921-41-86
Vladimir Lukin, Ombudsman of the RF
Via facsimile +7(095) 207-76-30
Ella Pamfilova, Chair of the Human Rights Council under the President of the RF
Via facsimile +7 (095) 206-48-55
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On January 14 and 16 the village of Zumsoi and its surroundings were subjected to rocket bombing, then the military paratroopers landed from helicopters, looted the houses and detained 4 local residents: Nasipov Shirvani (born in 1956), Ibishev Magomed-Emin (born in 1965), Mukhaev Vakha (born in 1955) and his 16 year old son Atabi Mukhaev. The detained were put on helicopters and taken away in an unknown direction; in the evening the military servicemen promised to bring them back. As of February 14 2006 the whereabouts of the kidnapped remain unknown. In August 2005 the relatives with legal assistance from "Memorial" filed an application to European court for Human Rights in Strasbourg. The application has been registered and the case will be processed with priority according to article 41.
14.02.2006
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1 Main military base of federal forces in Chechnya
2 ORB - Operations Reconnaissance Bureau
3 Regional Operations Headquarters
4 The demur was carried out on the basis of article 72 paragraph 3 p. 1. which says that a lawyer cannot participate in a criminal case if he provides or had earlier provided legal services to a person, whose interests contradict the interests of his defendant, charged or accused of crimes or a victim of crime. Time before the detainment of Mukhaev the lawyer of "Memorial" participated in one of the interrogations of Gamaev, as a lawyer 'on duty' (invited according to article 51 of the Criminal Procedural Code). The investigator found the interests of Gamaev and Mukhaev contradicting each other and on the basis of the lawyer's participation in one interrogation decided to protect the interests of Mukhaev and demur his lawyer on the day of his confrontation with Gamaev.
