Human Rights Center "Memorial"

The text of the given letter includes information, not only about the disappearance and murder of civilians, detained by federal troops and employees of the Ministry of Internal Affairs but also about the extremely tardy and ineffective investigations instigated by the agencies of the Procuracy to explore these incidents.

ПРАВОЗАЩИТНЫЙ ЦЕНТР "МЕМОРИАЛ"
HUMAN RIGHTS CENTER "MEMORIAL"
Россия, Москва, 103051, М. Каретный переулок 12
тел.: (095) 200-6506, факс: (095) 209-5779,
E-mail: memhrc@memo.ru
www.memo.ru

27^th October 2000
159/00

Dear Vladimir Avdashevich!

Information has been brought to 'Memorial's' attention regarding cases where citizens who had been held in Chechnya at block stations by members of the federal armed forces or employees of the RF Ministry for Internal Affairs have disappeared without trace. This occurred during 'cleansing operations' in inhabited localities and cities etc. Evidence of torture and violent death was discovered on some bodies of those who had previously been arrested. It has also been brought to our attention that that the reception department of the Presidential Representative's office at Znamenskoye has received a large number of such complaints.

We have outlined below some examples which represent but a small fraction of a large number of similar cases. All of these cases were brought to the attention of the Minister of Internal Affairs or the Procuracy either by relatives of the missing civilians or by those who had been beaten themselves or by the administration of the various localities where they had been living.

In some cases, we have made inquiries in various departments of the Procuracy and requested that a criminal investigation be instigated to ascertain the truth about the kidnappings and murders. So far we have not received a single response although the deadline prescribed by law for the consideration of such facts already passed some time ago.

We must bear in mind that this is concerns the fates of individual human beings who have disappeared without trace and the fates of their families.

We would like to request that you use all means within your authority to, at last, obtain a response to the following questions from the relevant departments of the Procuracy:

1. Have all the facts listed below been verified by the relevant departments of the Procuracy? What were the results of these investigations?
2. If the first verification has not been completed then what has caused such a serious violation of the deadlines for such verifications as according to Russian law?
3. Has a criminal case been instigated to investigate each of the following facts? If a criminal case has not been instigated in any one of the cases listed below why not?
4. If a criminal case has been instigated then, in accordance with which articles and who is responsible for the investigation?
5. Has any single one of these criminal cases been concluded?
6. Does anyone have overall responsibility for the given criminal cases?
7. Has it been established who (which subdivision, detachment etc.) arrested the individuals concerned in each case?
8. Have the members of the armed forces or of the police force who were involved in each case at least been questioned with regards to the arrest of the missing people (has it, in some cases, even been established which subdivision actually made the arrests?)

We feel that it is crucial that the different departments of the Procuracy provide us with rapid responses to these questions and that these should not be limited to a standard formal reply. The friends and relatives of the missing people have informed us that they are convinced that no-one is actually taking responsibility for these investigations, and furthermore that no-one is taking responsibility for the arrest of guilty parties. Information has been brought to 'Memorial's' attention that the criminal cases which have been instigated in similar circumstances have been closed within a few months "due to an inability to prove culpability." As a result, the federal government bodies who are responsible for defending law, order and human rights have, in the eyes of the Chechen population, been completely discredited.

1) On 5^th February 2000 during the process of "cleansing" in the Oktyabrskiy district of the city of Grozny, 3 citizens were arrested in their homes in Kirova Street by individuals in military uniforms, those citizens were: Magomed Shirvannevich Gabanchaev, born 1949, Zelimkhan Khamzatovich Dzhamaldaev, born 1971 (205 Kirova Street), Rustam Supyanovich Asayev, born 1975 (205a Kirova Street).

At the same time, on the street ajoining Kirova, 3^rd Zabolotniy Pereulok, Yakub Alamatovich Iznaurov, born 1966, was arrested. He was registered as a permanent resident of Kalmiyki, but when military activity began in Chechnya he travelled to Grozny to be with his elderly mother who refused to leave her home and her cow. The fact that Yakub Alamatovich Iznaurov was not a permanent resident of Chechnya was given as the reason for his arrest.

The relatives and neighbours of the detainees constitute a large number of witnesses to these events. They witnessed how the aforementioned had their hands bound behind their backs with wire and had hoods pulled over their faces, they were then pushed down onto their knees on the tram tracks. Everyone who carried out this "cleansing" was also recorded on video camera.

Those who carried the arrests said that they were employees of the St.Petersburg OMON (special branch of the police force). They behaved properly and told the relatives of the detainees not to worry. According to the detainees themselves, they were taken to a 'collection point' in the village of Staraya Sunzha or to the military base in Khankala. They were questioned there, and those who had not been involved in any illegal military groupings were released.

None the less, employees of the RF Ministry of Internal Affairs refused to give any information to the relatives of the detainees visiting Staraya Sunzha and completely refused to let them enter the territory of Khankala. Even now, we know nothing about the fate of those who were arrested on 5^th February 2000. The relatives of M S Gabanchaev, Z K Dzhamaldaev, R S Asayev and Y A Iznaurov appealed to various bodies of representative power including different departments of the Ministry for Internal Affairs and the Procuracy. However, they were only told one thing - "these people do not appear on the list of detainees being questioned".

On 5^th May 2000, 'Memorial' sent a letter (Ref: 94/00) to the Head RF Military Prosecutor, U G Demin with regards to the fate of Y A Iznaurov and requested that, on the basis of testimonials from witnesses, a criminal case be instigated to investigate his abduction.

The witness statements given by Y A Iznaurov's mother, Khapta Musaeva and his neighbour, Zargan Akhmedovna Sugaipova who lived at #15 3^rd Zaboloty Pereulok were enclosed with this letter.

On 16^th May 2000, the Military Prosecutor in investigation department of the Chief Military Prosecutor's Office, V V Yakovlev, informed 'Memorial' in writing that Memorial's appeal had been sent to the Military Prosecutor in the Northern Caucasus military okrug (SKVO), S N Fridinski for verification and examination.

Further, the deputy Military Prosecutor in the Northern Caucasus Military Region, I P Afanyasev also wrote to 'Memorial' on 13^th June 2000 informing us that our appeal had been sent to the Procuracy in the Republic of Chechnya, V P Kravchenko, to be verified and for a decision to be taken.

No further responses have been received to our appeal.¹

2) On 5^th February 2000, during the process of "cleansing" conducted by the Federal Troops in the village of Shami-Yurt, Ahmed Arbiyevich Dashayev, born 1977, his younger brother Alviy Arbiyevich Dashayev and Islam Arbiyevich Ibragimov were arrested. Their relatives were unable to acquire any information about their fate. However, on the 7^th March, the body of Ahmed Dasheyev was discovered at the bottom of the River Fortang in a village at the edge of a forest. Many bullet wounds were discovered in his body. To this day, the fates of Alviy Dashayeev and Islam Ibragimov are unknown.

The Dashayevs are permanent residents in the village of Shami-Yurt and I Ibragimov was temporarily living in the village as a refugee.

On 5^th February, according to the inhabitants of Shami-Yurt, dozens of villagers were arrested by soldiers. The reasons for these arrests were not explained. The relatives of the detainees were not told where their family members were being taken. At first, all the arrested villagers were gathered in one place and amongst them were Ahmed Arbiyevich Dashayev, Alviy Arbiyevich Dashayev and Islam Arbiyevich Ibragimov. However, after that, according to testimonies given by those who were later released, these three detainees were separated from the rest of the group and were taken away, to a bridge which crosses the village.

Some of the detainees were interrogated in isolation and some were released after some hours or days. Only the fates of the aforementioned three citizens remain unknown. On 7^th March, the body of Ahmed Dashayev was found. The fate and whereabouts of Alviy Arbiyevich Dashayev and Islam Arbiyevich Ibragimov are, to this day, not known.

The relatives of A A Dashayev and I A Ibragimov were told that their family members were not put in pretrial detention or in temporary detention cells. The Ministry for Internal Affairs, the Procuracy, the civic administration and military superintendent of the Achkoy-Martanoskiy district were all informed of A A Dashayev and A A Ibragimov's disappearance by their relatives. However, neither the Ministry for Internal Affairs nor the Procuracy of the Achkoy-Martanoskiy region were able to provide information with regards to the disappearance of the aforementioned.

On 16^th May 2000, 'Memorial' wrote to the RF Procuracy, V V Ustinov (ref.: 98/00) with the request that a criminal case be instigated to investigate the murder and abduction of inhabitants of the village of Shami-Yurt during the process of "cleansing" conducted by the federal troops. A copy of this letter was sent to the RF Special Presidential Representative for the protection of human rights and freedoms of the citizens of the Republic of Chechnya, V A Kalamanov.

The letter included copies of the following:

• reports from I Ibragimova and Z G Ibrtaimova's mother to the Procuracy of the Achkoy-Martanovskiy district.
• reports to the Procuracy of the Republic of Chechnya sent by various high-ranking officials from the Achkhoy-Martanskiy district.
• I A Ibragimov's certificates and references provided by villagers and by the village administration.
• reports from the Dashayev brother's mother, T S Dashayeva to the Procuracy in the Achkhoy-Martanskiy district.
• A A Dashayev's certificates and references from villagers and the village administration.

From then on, N I Shepel was acting up for V P Kravchenko as Procurator in the Republic of Chechnya but 'Memorial' has received no further response from any department of the Procuracy.²

3) Between January and March 2000, at the same federal military block station near the village of Duba-Yurt, approximately 19 citizens were arrested and then disappeared. As evidence of the arrest of these people, witnesses have provided reports.

The bodies of 3 of the detainees were discovered at a later date.

On 13^th January 2000, at the block station near the village of Duba-Yurt, 4 residents of the Shatoyskiy district were arrested:

1. Visit Vakhidovich Arsanskuyev, born 1964
2. Said-Magomed Said-Rakhmanovich Delmukhanov, born 1965.
3. Hussein Adamovich Didayev, born 1967
4. Vakha Aliyevich Titayev, born 1961

On the 13^th and 14^th of January, a 'corridor' was created by the federal military command to provide a departure route for law-abiding inhabitants from the Shatoyskiy district. On this day, the military personnel at the block station transported Arsanujayev, Del'mukhanov, Didayev and Titayev in two trucks (GAZ-66 and ZIL-130) to a mountain village where they had planned to leave the country with their families and their property. However, contrary to the promises made by the military personnel, the aforementioned citizens were arrested by soldiers at the block station near Dub-Yurt. For some time, their relatives were unable to obtain any information on the fates of their family members.

The wives of S-M S-P Del'mukhan, Taisa Del'mukhanova, of V V Arsanukayev, Kamyeta Musayeva, of Kh A Didayev, Zura Didayeva and of V A Titayev provided officials with reports about their search for their husbands. Reports were sent to the Presidential Representative in the Chechen Republic, the Procuracy, to the Military Commandant's Office, to the Security Service in the RF and so on.

The relatives of the missing citizens have received no response from any of these officials.

On 10^th May 2000, local residents unearthed the bodies of three men in a cemetery in the village of Tangy-Chu. On these bodies, there was evidence of torture (all three had had their ears and noses cut off and nooses remained around their necks.) The bodies were then re-buried at the cemetery.

Relatives of those who had disappeared on 13^th January, arrived in the village a few days later and they were able to identify personal items belonging to Visit Arsanukayev, Vakhe Titayev and Said-Magomyed Del'mukhanov.

So far, nothing is known about the fate of K Didayev who was arrested with the aforementioned deceased at the same block station near the village of Dub-Yurt.

On 18^th February 2000, at the same block station, 3 further individuals were arrested. The event was witnessed by a large number of people.

1. Khasi Hamidovich Bashayev, born 1962, resident in the village of Sharo-Arguna.
2. Hussain Usmanovich Basnukayev, born 1959, resident of the Petropalovskaya region but living as a refugee in the village of Aslanbek-Sheripova.
3. Ruslan Aliyevicha Kaikharov, aged 27-28 years.

They were travelling in 2 cars - a red Niva, registration number 9125 CI and a white VAZ-21099, registration number 934 MM in the 20^th district. They were transporting some women and children who had been wounded in a bomb attack on the village of Aslanbek-Sheripova. At the block station, the soldiers transferred the women and children into another car and they then arrested the male drivers. After this point, the fate of the men is not known.

In the Spring when the block station was dismantled in this area, close by, the relatives of Bashayev, Basnukayev and Kaikharov found the two cars which the men had been travelling in when they were arrested. The cars had been crushed by a tank and then buried. The military superintendent for the village of Chiri-Yurt was present at the excavation.

The relatives of the detainees and the missing citizens submitted a report regarding their search to the military commandant's office of the Shalinskiy district, to the Federal Security Service, the military Public Prosecutor's Office, the office of the Special Presidential Representative for the protection of the human rights of citizens of the Republic of Chechnya.

Relatives of the missing citizens have, as yet, received no information about the fates of their family members.

On 6^th March 2000 at the same block station between the villages of Chiri-Yurt and Duba-Yurt, 12 people were arrested:

• ten residents of the village of Ulus-Kert
  1. Akhdan Abuyazitovich Abubakarov, born 1964;
  2. Sultan Akhmadov, born 1968;
  3. Aslambek Ganiyevich Imakayev, born 1963;
  4. Baladi Khakimovich Imakayev, born 1959;
  5. Anzor Malikov;
  6. Zilauddi Malikov, born 1964;
  7. Saida Rasayev, born 1966;
  8. Isa Khadzhiyev, born 1968;
  9. Said-Magomyed Yasuyev, born 1961;
  10. Said-Salam Yasuyev, born 1967
• and also two forced migrants from the Pervomayskiy district who were forced to flee from military activity in the village of Ulus-Kert:
  • father and son A Astamirov and M Astamirov.

All of the afore-mentioned travelled on foot from Ulus-Kert to Chiri-Yurt and various women including their wives travelled with them. The soldiers released the women but they arrested the men in order to check their documents.

The fate of these men from that point onwards is unknown. The women from the group have appealed to the Commandant's Office, the administration of various villages and regions, to the Federal Security Service and to the special Presidential Representative for the protection of human rights in the Chechen Republic, all in vain.

Relatives of the missing citizens have, as yet received no information about the fates of their family members.

In at least two cases of arrest and abduction of citizens (on 18^th February and 6^th March), the same officer was in charge - the officer called himself "San Sanich".

On 22^nd May 2000, 'Memorial' wrote to the Procurator, V V Ustinov (ref.: 103/00). In this letter we requested that he inform us:

• Who was responsible for the verification of the reports sent by the relatives of the missing citizens.
• Had a criminal case been instigated to investigate the abduction
• If such a case had not been instigated then why not?
• Was anyone taking responsibility for these criminal cases?
• What was being done to find out the whereabouts of these people?

Apart from that, 'Memorial' has received no other response.³

4) The Human Rights Centre "Memorial" has at its disposal some video footage documenting how a Russian military officer gave the order to execute a wounded Chechen fighter who had been arrested. The officer's face is clearly recognisable and locating him should not present military personnel with any difficulty.

On 2^nd February 2000, Russian forces occupied the village of Alkhan-Kala. After the departure of the Chechen troops, a significant number of fighters were left in the village hospital.

On the same day, Russian military personnel loaded the injured fighters onto some buses and transported them from the hospital to a camp (known as a 'filtration point') in the village of Goryacheystochnenskaya.

'Memorial' also has a video cassette at its disposal, documenting the transfer of the wounded onto the buses. The footage also includes an incident during which an officer gives the order to fire on a mildly injured Chechen fighter, after which the officer's subordinate removed the body. Before this happened, this Chechen fighter gave his name as Khadjimurad Soslambekovich Yandiyev and after examining the video footage, his relatives were also able to identify him as being the same.

As a result, K S Yandiyev is not mentioned on any official lists of detainees. The searches conducted by his parents have been in vain. They appealed in particular to the different departments of the Procuracy and to the Special Presidential Representative for the protection of human rights and freedoms in the Republic of Chechnya.

Currently, K S Yandiyev's mother, F S Bazorkina is living in the Republic of Ingushetiya, in the town of Karabulak.

On 12^th September 2000, Memorial sent a letter (ref.: 150/00) to the RF Procurator, V V Ustinov, with the request that a criminal case be instigated to investigate the given facts. A copy of the video footage which 'Memorial' has at its disposal was also sent with the letter.

On 28^th September 2000 the deputy head of the investigation department of the Main branch of the Procuracy in the Northern Caucasus, M M Umariyev, informed 'Memorial' in writing that our appeal with regards to the death of K S Yandiyeva had been forwarded to the RF Procurator in the Northern Caucasus for the factual content to be verified and for a decision to be taken.

'Memorial' received no further response.⁴

5) On 24^th march 2000, 'Memorial' wrote to the RF Head Military Prosecutor (Ref.: 41/00). A copy of an issue of the journal 'Itogi' (No 10 of 7^th March 2000) in which an article by A Riklin "Kuznitsa Krovnikov" appears, was enclosed with the letter.

Photographs illustrating the text of the aforementioned article constituted irrefutable evidence of the inhumane treatment of those who had been arrested and detained under suspicion of participating in illegal military groupings. The facts documented in these photographs, in our opinion, demand a serious investigation and the ultimate punishment of guilty parties.

In particular, on page 24 of the journal, there is a photograph of soldiers dressed in military uniform guarding a pit or trench in which three people were being held. There have been various reports that the federal armed forces have held detainees in pits dug in the ground which brings us to the conclusion that it is this type of construction which was portrayed in the photograph in the Itogi article.

On 25^th March 2000, the Military Prosecutor of the second department of the Head Military Procuracy, V A Prudyakov informed us in writing that a verification had been organised at 'Memorial's' request and that the responsibility for this had been delegated to the Military Prosecutor in the Northern Caucasus okrug. On 5^th May 2000, the Military Prosecutor informed 'Memorial' in writing that the period of time required for the verification had been extended until 4^th June 2000.

Memorial has not, thus far, received any further information on this subject from any departments of the Procuracy.

Since then, the people in the trench portrayed in the photograph have been identified as Akhmed Zidiyevich Susayev, born 1954, Suleman Vakhayevich Surguyev, born 1982 and Mirza Elmurzayev, born 1958. They were arrested on 2^nd February 2000 in Grozny in a cellar in school # 250 on Fasadnoy Street in the Zavodskiy district of the city. Since the day of their arrest, the fate of these individuals remains a mystery to their relatives.

According to their relatives, the aforementioned were members of military groups and they were taking shelter from bombings in the aforementioned cellar. The relatives of the aforementioned have appealed to various officials on many occasions including different branches of the Procuracy and the Ministry of Internal Affairs. No-one was able to give them any information about the whereabouts of the detainees. In July, a relative of A Z Susayev, Saikhat Avkhadovna Susayeva (resident at 25 Fasadniy Street, Grozny) identified all three photographs published in Itogi. She reported this to the Procuracy. Nonetheless, so far none of the relatives of the detainees have received any information about the fates of their family members.⁵

6) At 6 am on 3^rd July 2000, near numbers 5 and 7 Mozdoksky Street in the city of Grozny, 3 women were abducted by masked men in camouflage. Those three women are Nuru Luluyeva, born 1960 and her relatives Raisa and Markha Gakayeva. Whilst they were being detained, the women called for help. On hearing the cries, Zavala Tazurkayev ran from a snack bar on the same street and was also arrested by the same men in camouflage. A relative of Tazurkayev who works in the snack bar, ran for help to the nearest regional police station. However, the police who were on duty and also other individuals who, on hearing the cries, ran to help, were shot at with machine guns by members of the group which had captured the women. Witnesses reported that the four detainees were blindfolded and had hoods placed over their heads before they were thrown into an armoured personnel carrier without number plates which immediately sped away. The relatives of these women know nothing about their fates.

Witnesses have confirmed that on this day in the Grozny area, some kind of special operation was conducted because the masked men, travelling in armoured troop carriers also carried out other arrests.

Nura Luluyeva's husband, Said-Alvi Luluyev, has appealed to 'Memorial' for help. Mr Luluyev lives at #41 Oktyabrskaya Street in the town of Gudermes in the Republic of Chechnya. On 4^th June 2000, he was unable to explain who had abducted his wife, where they had taken her and where they were now detaining her and her relatives. S-A Luluyev appealed to the Head Military Commandant in the Republic of Chechnya, I I Babichev, to the Head of the Northern-Caucasus Administrative Okrug in the Republic of Chechnya, A K Kadirov and to the Head of the RF Federal Security Service for the Republic of Chechnya, V I Kadyaev.

The Head of the Department for Criminal Investigations, P A Khishnyak, forwarded Mr Luluyev's reports regarding the arrest of these women to the Procuracy in Grozny, M G Blyumsky for them to be verified and a decision be taken.

On 28^th July 2000, the Human Rights Centre "Memorial" wrote to the RF Procurator, V V Ustinov (ref.: 133/00) with the request that a criminal case be instigated to investigate the abduction of four people and if such a case had already been instigated, then 'Memorial' receive information with regards to the progress of this case.

We have received no response.⁶

Since this time, S-A Luluyev has informed us that criminal proceedings have been instigated based on his report but only 21 days after he submitted the report. The results will be sent to the Procuracy in Grozny. However, the investigator did not carry out a proper investigation as no witnesses were questioned. On 23^rd August 2000, due to the inability to prove culpability, the criminal proceedings were discontinued.

7) On 28^th June, in Grozny, 3 young men, living on Sadovaya Street, were arrested by soldiers. They were: Murad Azitovich Lyanov, born 1983, Islam Kizirovich Dombayev, born 1984 and Timor Sergeyevich Tabzhanov, born 1982. All three of these young men had just left Timor Tabzhanov's house (53 Sadovaya Street), one of the group was carrying a guitar. At that moment, a group of soliders who were travelling in a military personnel carrier (log # T-110) arrested the young men and took them in the vehicle to a nearby military unit. To this day, their whereabouts is unknown.

The young men's parents have appealed to the Temporary Regional Department for Internal Affairs. The investigator from this department quickly established that the detainees were transported from the military unit to the military base in Khankala. However, at the base, the relatives of the young men were unable to obtain any information about their family members.

On 18^th August, the mothers of the three young men who had disappeared received an official response from the Procuracy in the city of Grozny ('Memorial' has kept a copy of this response). The letter included the following information:

"During the investigation, it was established that the given civilians were arrested during an "ambush" on Sadovaya Street in Grozny, conducted by employees of the Pskov OMON (riot police) and from the 8^th BrON (federal sub-division) of the RF federal forces. During the night, they were taken to the 8^th BrON military camp.

Due to refusal to appear for investigative steps, federal soldiers from the 8^th regiment have still not been questioned. For this reason, the fate of the young men after this point is unknown."

On 12^th September 2000, 'Memorial' wrote to the RF Procurator, V V Ustinov (ref.: 153/00) with the request that a criminal case be instigated to investigate the abduction of these young men.

No response has been received to that appeal from any branch of the Procuracy.⁷

8) On 6^th December 1999, at Pervomayskiy Station, Saipuddi Saipulayevich Saifulayev, born 1955, was arrested in his home at 13 Pervomayskiy Pereulok.

For some time, S S Saifulyaev was the Head of the Village Administration.

On the day of his arrest, Saifulyaev was at a reception at the Pervomayski Commandant's Office, Colonel Zhdanov. 10 minutes after he had left the Commandant's Office, he was arrested. Those who arrested him were masked men who told him that they were from the Moscow OMON.

Colonel Zhdanov invited Saifulayev's wife to his office six days after her husband's arrest and informed her "I have questioned your husband, he is innocent. Now he is in Mozdok. Wait, and in two days I will go to Mozdok and bring him home." However, two days later, Zhdanov told the detainee's wife that "he has been sent to Chernokozova. You should go there." At the detention cells in Chernokozova, Saifulayev's wife was told that her husband was not there. After this, Colonel Zhdanov informed Saifulayev's relatives that "he has disappeared, we don't even know where he is. We are searching for him ourselves, and we cannot find him."

Saifulayev is not on any list of detainees.

On 8^th March 2000, 'Memorial' wrote to the Special Presidential Representative for the protection of human rights and freedoms of the citizens of the Republic of Chechnya (ref.: 55/00) with the request that the fate of this individual be established. The letter was redirected to the Procuracy. However, 'Memorial' has, so far, received no response.⁸

9) On 20^th December 1999, at the block station in the village of Stariye Atagi, soldiers arrested three residents: Imran Vakhayevich Kuntayev, Adam Sultanovich and Adnan Aliyevich Abdurzakov. Some months after the event, the relatives of the detainees still knew nothing about their fate. They had appealed to various officials on numerous occasions.

On 13^th September 2000, on the outskirts of the village of Stariye Atagi, 3 graves were discovered and escavated. During the excavation, the head of the administration of the Village of Stariye Atagi and also a representative of the Procuracy were present. In one of the graves, the bodies of the three aforementioned missing men were discovered. It was clear that they had already been shot dead in December.⁹

10) On 15^th June 2000, some kilometres from the village of Stariye Atagi behind a chicken factory next to the road leading to the village of Goita, the bodies of Arbi Uvaisovich Giriyev, born 1968, Said-Emina Uvaisovich Giriyev, born 1963, Said-Hussain Uvaisovich Giriyev, born 1963 and Musa Musayevich Sugaipov. These four residents of the village of Stariye Atai were arrested by federal troops in the village on 27^th January 2000.

In the second half of January 2000, Stariye Atagi was controlled by federal troops. In the area surrounding the village, some federal troop sub-divisions were based. No fighters were located either in the village itself, or in the surrounding area.

On 27^th January a large group of soldiers arrived at the village in various motor vehicles escorted by army personnel carriers. On the outskirts of the village, they arrested the three Giriyev brothers and their neighbour Sugayipov and transported them in an unknown direction. Before this, the soldiers also removed a Volvo vehicle belonging to the Giriyevs. The soldiers, as is often the case in such circumstances, did not give their names and did not inform the detainees which department or which troop they were from.

Four and half months later, the relatives of the Giriyev brothers and of their neighbour M Suganipov were unable to find any trace of their family members. The Commandant's Office based in the surrounding area of the village of Stariye Atagi only informed them that it was not his employees who had carried out this operation and that they had left in the direction of Gointa. Neither the Ministry for Internal Affairs nor the Federal Security Service, nor the Special Presidential Representative for the protection of human rights and freedoms in the Republic of Chechnya were able to give any information with regards to the whereabouts of the detainees. The search for them has been officially announced.

In March, the car belonging to the Giriyev brothers which was removed by the federal troops on 27^th January was discovered in the Republic of Ingushetiya. The new owners in Ingushetiya reported that they had acquired the car from unknown federal soldiers.

On 15^th June, a shepherd accidentally discovered a grave, which was unearthed by his dog. It was discovered not far from the former location of a displacement of federal troops. The relatives of the deceased, who were present on that day informed representatives of 'Memorial' (Oleg Orlov and Eliza Musayeva) in the village of Stariye Atagi that there was evidence of torture and violent death. The hands of all the victims had been removed, their knee caps had been smashed and their ribs had been broken. The arms of all the deceased had been bound with wire behind their backs. All three had been shot in the head. It was clear that Said-Hussain Giriyev had also been strangled with a scarf.

It must be borne in mind that, in their plea to the government bodies in the Republic of Chechnya regarding the search for the missing people, the head of the administration and the chairman of the village council reported that Arbi Giriyev had actively resisted the Wahabbi (term used in Russian for Islamic fundamentalists) movement.¹⁰

11) On 8^th August 2000, during the period of "cleansing" of the village of Gekha, inhabitants of this village, the brothers Ali Almatovich Musayev, born 1972 and Umar Almatovich Musayev, born 1977 were arrested by federal troops. Both were living at 125 Gagarin Street. The soldiers discovered a Chechen fighter in their home, who had been wounded by federal troops.

Members of the Musayev family explained that that person who had killed the fighter had run from their home immediately before the troops arrived.

Within the group of soldiers who "cleansed" the Musayev house and then removed the landlord from the house, was a Major in the Federal Armed Forces, A Selant'yeva who was recognised by the family as a former acquaintance. This Major informed Ali, Umar and Aminat Musayev's mother that their sons had only been arrested to clarify a few questions and they would be returned to their home. The dead fighter's corpse and one of the brothers were transported in a vehicle with the number plate VAZ 21065, state # A 943 SS, belonging to Ali Musayev.

From that point on, the friends and relatives of Umar Musayev were unable to acquire information about their fate. They appealed to the administration of the Urus-Martin region. From there, copies of their reports were passed on to the Commendant's Office and to the Procuracy in that region and to the Special Presidential Representative for the protection of human rights and freedoms of citizens of the Republic of Chechnya. However, the relatives of the missing people were unable to find information about the fates of the Musayev brothers anywhere.

In a letter written to the RF Minister for Internal Affairs, the Musayev brother's mother reports that there were witnesses who can confirm that, on the road from the village of Gekha to Urus-Martin one of the Musayev brothers, Ali, was taken from his car by General Labunyets and beaten (a copy of this letter has been kept). The Commendant of the Urus-Martin region, Gadzhiyev, was also present.

These and other facts included in the letter written by the missing brother's mother require detailed verification.

In any case, it is clear that those who were detained during the process of "cleansing" conducted by the federal troops, are now missing.¹¹

12) On 7^th September 2000, during the process of "cleansing" of the village of Stariye Atagi, soldiers abducted Edelbek Isayev, a young man from the village who had been wounded in March of this year during the bombardment of the village in the Khalkela Shatoyskiy region. His father and brother had been killed in this bombardment, and with the help of the same federal troops, he was evacuated to the Staroataginskiy hospital where he then remained to recuperate. His sister, Maritanna Isayeva was constantly at his side.

Up until the beginning of military activity in the Republic of Chechnya, E Isayev was a permanent resident of the Grozny region (15 Molochniy Covkhoz).

There are witnesses who will confirm that E Isayev was beaten by federal troops. According to these witnesses the federal troops surrounded the Ataginskiy hospital and then began to walk around the wards. In one ward they found Edel'bek Isayev who could only walk with the help of crutches, because of his injuries. The federal troops snatched away his crutches and said "you won't be needing these anymore." In spite of resistance from those present, the soldiers threw him into an military personnel carrier # R107 and took him away.

On 13^th September 2000, on the outskirts of the village of Stariye Atagi, some graves were excavated which were discovered by a farmer on his tractor on 11^th September. During the excavation, the head of the village administration in Stariye Atagi and a representative of the Procuracy were present. In one of the graves, the body of Edel'bek Isayev was discovered with evidence of bullet wounds, torture and beatings. Maritanna Isayeva identified the body as that of her brother.¹²

13) On 16^th September 2000, in the vicinity of the Russian military base in Khankal, the partly cremated corpses of the inhabitants of a village in the Dzhalk Gudermesskiy region, Kal'bek Pashaev and Vakhi Kamilov, were discovered in shallow graves. The aforementioned inhabitants were arrested on 8^th September by employees of the Oktyabrskii police department in the city of Grozny. On the bodies, there was evidence of torture and bullet wounds. Pashaev had been shot in the back of the head and he had had his ears cut off, his teeth smashed, his nose removed and his eyes had been poked out.

The Procurator of the Republic of Chechnya and the administration of the Head of the Republic of Chechnya and also the Plenipotentiary of the RF President in the southern federal okrug were informed of this event.¹³

14) On 20^th September 2000, in a forest close to the village of Dzhalk, the severely decomposed corpses of two injured detainees, who had been arrested by the federal troops were discovered. These were the corpses of the villagers - Mahmad Taimaskhanov and Khalimov and of a refugee from Grozny who had been living in Dzhalk. On all of the bodies there was evidence of torture and beatings. Taimaskhanov's eyes had been poked out and the skin on his head had been cut. They had all been shot.

The Procurator of the Republic of Chechnya, the administration of the head of the Republic of Chechnya and the Plenipotentiary of the RF President in the southern federal okrug have all been informed of this incident.¹⁴

15) On 17^th May 2000 in the town of Shali, Ruslan Shamilyevich Alikhadzhiyev, the Chairman of the Chechen Parliament, Ichkeriya was arrested.

According to many witness statements, during the capture of R Alikhadzhiyev, a variety of weapons were used along with different vehicles and a helicopter was also seen in front of the building all of which blockaded the neighbouring buildings. Along with Alikhadzhiyev, some of his relatives and neighbours were also arrested, but they were released on the following day. They have stated that they were arrested by federal troops.

The first deputy head of the General Headquarters of the Russian Federal Armed Forces, Corporal General, V Manilov, stated at his press conference on 25^th May that in May, a number of field commandants and military leaders had been arrested, including Ruslan Alikhadzhiyev.

At the same time, the RF Procuracy, denies that Alikhadzhiyev was arrested. On 21^st September in the State Duma, the RF Deputy Procurator announced that, according to his information, R Alikhadzhiyev was killed by Chechen fighters who had kidnapped him.

Various questions arise with regards to this case:

• Were the relatives and neighbours of Alikhadzhiyev questioned?
• Has it been established which sub-division blockaded Alikhadzhiyev's house on the day of his kidnap?
• On the basis of what information was General Manilov able to announce the arrest of R Alikhadzhiyev? Has he been questioned?¹⁵

Vladimir Avdashevich, we request that you appeal to the Procuracy in order that the relatives of the missing or murdered citizens, the Human Rights Centre, 'Memorial' and society in general may at last receive information about the events which have been outlined in this letter.

The Chairman of the Council of the Human Rights Centre 'Memorial'

O P Orlov

Enclosed:

Copy of the report written by A D Musayeva and send to the RF Minister of Internal Affairs (2 pages)

1 After this letter was sent, on 31^st October 2000, 'Memorial' received a letter from the Procuracy in the Republic of Chechnya signed by the Deputy Procurator of the Republic, U J Abazov, in which he stated the following:
"...materials on the given facts have been sent to the Procuracy in the city of Grozny. You will be informed of the results. At the same time I would like to inform you that your materials were sent to is from the Military Procuracy of the Northern Caucasus military okrug only on 19^th October 2000."
8.12.2000, the Procuracy of the Republic of Chechnya responds in writing to the RF Special Presidential Representative, V A Kalamanov. The letter states that, the given case is being "verified in accordance with Article 109 of the Code of Criminal Procedure". The ineffectiveness and tardiness of the work carried out by the Procuracy in this case is simply astounding. Over 9 months have passed since the relatives of those who had disappeared appealed to the agencies of the Ministry of Internal Affairs and the Procuracy and over 7 months have passed since the HRC 'Memorial' appealed to the Head Military Procuracy and yet a decision as to whether or not a criminal case will be instigated has, to this day, not been made. This also constitutes the most apparent violation of Russian law, according to which (see Article 109 of the Code of Criminal Procedure) a clearly defined period of time is set for the completion of the initial verification and for a decision to be taken on the statement on a crime: 36 hours from the time of the statement, and in exceptional circumstances – within a period of time no longer than 10 days.

2 8.12.2000, the Procuracy of the Republic of Chechnya responds in writing to the RF Special Presidential Representative, V A Kalamanov. The letter states that, the given case is being, "verified in accordance with Article 109 of the Code of Criminal Procedure ". The ineffectiveness and tardiness of the work carried out by the Procuracy in this case is simply astounding. Over 9 months have passed since the relatives of those who had disappeared appealed to the agencies of the Ministry of Internal Affairs and the Procuracy and over 7 months have passed since the HRC 'Memorial' appealed to the Head Military Procuracy and yet a decision as to whether or not a criminal case will be instigated has, to this day, not been made. This also constitutes the most apparent violation of Russian law, according to which (see Article 109 of the Code of Criminal Procedure) a clearly defined period of time is set for the completion of the initial verification and for a decision to be taken on the statement on a crime: 36 hours from the time of the statement, and in exceptional circumstances – within a period of time no longer than 10 days.

3 8.12.2000, the Procuracy of the Republic of Chechnya responds in writing to the RF Special Presidential Representative, V A Kalamanov. The letter states that "Criminal Case No 22008 in accordance with Article 105, Part 2 Point "a" of the RF Criminal Code (murder), has been instigated to investigate the disappearance without trace of Bashayev Kh Kh, Basanuskayev Kh U and Kaikharov R A at the block-station outside the village of Duba-Yurt in the Shalinsky region of the Chechen Republic."
This same letter also stated that "the Procuracy of the Shalinsky region of the Chechen Republic has instigated criminal case No 22018 in accordance with Article 105, Part 2 of the RF Criminal Code, to investigate the detention of 11 people at the block-station in the village of Duba-Yurt and their consequential disappearance."
It has been revealed that these cases have still not been examined by the Military Procuracy which is the only agency which in accordance with Russian law may investigate crimes which have been committed by federal troops.
Nothing at all was mentioned with regards to the disappearance without trace of V V Arsanukayev, S-M S-P Del'mukhanov, Kh A Didayev and V A Titayev in the response from the Procuracy of the Chechen Republic

4 After this letter was sent, on 31^st October 2000, 'Memorial' received a letter from the Procuracy of the Republic of Chechnya signed by the Head of the Criminal Investigation Department, I D Golubev, which stated that the appeal and the video footage had been sent to the Military Prosecutor in the Northern Caucasus military okrug, O V Ustinov for the given facts to be verified and for a decision to be taken with regards to the instigation of criminal proceedings.
8.12.2000, the Procuracy of the Republic of Chechnya responds in writing to the RF Special Presidential Representative, V A Kalamanov. The letter simply states again that the video footage has been passed to the Military Procuracy for verifcation and for a decision to be taken.

5 8.12.2000, the Procuracy of the Republic of Chechnya responds in writing to the RF Special Presidential Representative, V A Kalamanov. The letter states that, the given case is being, "verified in accordance with Article 109 of the Code of Criminal Procedure ". This also constitutes the most apparent violation of Russian law, according to which (see Article 109 of the Code of Criminal Procedure) a clearly defined period of time is set for the completion of the initial verification and for a decision to be taken on the statement on a crime: 36 hours from the time of the statement, and in exceptional circumstances – within a period of time no longer than 10 days.

6 After this letter was sent, on 31^st October 2000, 'Memorial' received a letter from the Procuracy of the Republic of Chechnya signed by the Head of the Criminal Investigation Department, I D Golubev, which stated that the Procuracy in Grozny had instigated a criminal case (No 12073) in accordance with article 126, part 2 (abduction) to investigate the kidnapping of the aforementioned citizens.
8.12.2000, the Procuracy of the Republic of Chechnya responds in writing to the RF Special Presidential Representative, V A Kalamanov. The letter states that the investigation of the given case is in these special circumstances now been delegated to the Procuracy of the Chechen Republic.
It comes to light that these cases have still not been examined by the Military Procuracy which is the only agency which in accordance with Russian law may investigate crimes which have been committed by federal troops.

7 8.12.2000, the Procuracy of the Republic of Chechnya responds in writing to the RF Special Presidential Representative, V A Kalamanov. The letter states that, "the Procuracy of the city of Grozny has instigated Criminal Case No 12113 in accordance with Article 126 of the RF Criminal Code ("abduction") to investigate the disappearance without trace of M A Lyanov, I K Dombayev and T S Tabzhanov. Currently, this case is in the hands of the Military Procuracy.
Nevertheless, a month after this date, on 9th January 2001, in his response to the Human Rights Centre 'Memorial', the Head Military procurator wrote that "to the present day, the involvement of employees of the armed forces in the given events has not been established". Further, he confirmed that the case is currently in the hands of the Procuracy in the Chechen Republic.

8 8.12.2000, the Procuracy of the Republic of Chechnya responds in writing to the RF Special Presidential Representative, V A Kalamanov. The letter states that, the given case is being, " verified in accordance with Article 109 of the Code of Criminal Procedure ".

9 8.12.2000, the Procuracy of the Republic of Chechnya responds in writing to the RF Special Presidential Representative, V A Kalamanov. The letter states that the Procuracy in the city of Grozny has instigated criminal case No 18033 to investigate the discovery of the corpses of I V Kuntayev, A S Sadayev and A A Abdurzakov in the village of Stariye Atagi. This case is currently in the hands of the Procuracy of the Chechen Republic.
It comes to light that this case has still not been examined by the Military Procuracy which is the only agency which in accordance with Russian law may investigate crimes which have been committed by federal troops.

10 On 8th December 2000, the Procuracy of the Chechen Republic responded in writing to the Special RF Presidential Representative for the Protection of the Human Rights and Freedoms of Citizens of Chechnya, V A Kalamanov. The letter states that "on 19th June 2000 the Grozny regional Procuracy in the Republic of Chechnya instigated criminal case No 18016 in accordance with Article 105 Part 2 of the RF Criminal Code to investigate the murders of S E-U Giriyev, S Kh-U Giriyev and M M Sugaipov.
It has come to light that this case has so far not been accepted for consideration by the Military Procurator who, according to Russian law, is the only official with the authority to investigate crimes committed by employees of the armed forces.

11 8.12.2000, the Procuracy of the Republic of Chechnya responds in writing to the RF Special Presidential Representative, V A Kalamanov. The letter states that, the given case is being, "verified in accordance with Article 109 of the Code of Criminal Procedure ". Approximately 4 months have passed since the relatives of those who had disappeared appealed to the agencies of the Procuracy, yet a decision as to whether or not a criminal case will be instigated has, to this day, not been made. This also constitutes the most apparent violation of Russian law, according to which (see Article 109 of the Code of Criminal Procedure) a clearly defined period of time is set for the completion of the initial verification and for a decision to be taken on the statement on a crime: 36 hours from the time of the statement, and in exceptional circumstances – within a period of time no longer than 10 days.

12 8.12.2000, the Procuracy of the Republic of Chechnya responds in writing to the RF Special Presidential Representative, V A Kalamanov. The letter states that the Procuracy in the Grozensky region has instigated criminal case No 18034 (Article 105, Part 1 of the RF Criminal Code - murder) to investigate the discovery of the corpse of E D Isayev in the village of Stariye Atagi. The investigation is being conducted.
It has been revealed that this case has still not been examined by the Military Procuracy which is the only agency which in accordance with Russian law may investigate crimes which have been committed by federal troops.

13 8.12.2000, the Procuracy of the Republic of Chechnya responds in writing to the RF Special Presidential Representative, V A Kalamanov. The letter states that, the given case is being "verified in accordance with Article 109 of the Code of Criminal Procedure ".

14 8.12.2000, the Procuracy of the Republic of Chechnya responds in writing to the RF Special Presidential Representative, V A Kalamanov. The letter states that the Procuracy of the Gudermesky region has instigated criminal case No 52409 (Article 105, Part 2 of the RF Criminal Code – murder) to investigate the discovery of the corpses of residents of the village of Dzhalk, Taimaskhanov M, Vaganov and Usuyev in their village. The investigation is in progress.