This report describes the activities of the Special Representative for the period from February 17 to December 2000 in different stages of the planned measures and specific results in major areas of these activities.

The report has been drafted on the basis of the review of oral and written applications from residents of the Chechen Republic submitted to the Special Representative and staff members of his Office; correspondence with the federal authorities; results of visits to the temporary housing facilities; and personal interviews with involuntarily displaced persons, heads of administration at all levels, representatives of international inter-governmental and non-governmental human rights and humanitarian organizations.

The main objective of the first stage (March-May) was to create a mechanism for the protection of human and civil rights and freedoms on the territory of the Republic. The institution of the Special Representative of the President of the Russian Federation for Human and Civil Rights and Freedoms in the Chechen Republic was established by Decree No.363 of the President of the Russian Federation of 17 February 2000. The Office of the Special Representative in the Administration of the President of the Russian Federation was created within a very short time and the personnel for the Special Representative's office in Chechnya was enrolled. The reception of visitors in Moscow and Znamenskoye of the Nadteretchny district of the Chechen Republic has been organized.

Concurrently, effective interaction with ministries and agencies, international intergovernmental, and non-governmental, public and human rights organizations has been initiated on compliance with human and civil rights and freedoms. Efforts of the Office of the Special Representative made jointly with the Supreme Court of the Russian Federation, the Prosecutor-General's Office of Russia, the Ministry of the Interior of Russia and the Ministry of Defense of Russia have resulted in taking measures taken to initiate investigations and criminal court proceedings against all offenders responsible for crimes and human rights violations; to trace missing persons; to stop arrests and illegal detention (in particular, thanks to the measures taken the conditions of holding in custody in the Chernokozovo pre-trial detention center have considerably improved); to issue identity documents; to put an end to extortion’s and limitations to the freedom of movement for citizens at check-points; and to rehabilitate the effective judicial system and the Bar Association in the Chechen Republic.

At the second stage (July-August) the mission to establish, within a short period of time, an institution to uphold the human and civil rights and freedoms, as defined by the President of the Russian Federation, Vladimir Putin, has generally been accomplished. An operational mechanism for monitoring and protecting human and civil rights and freedoms in the Chechen Republic has been established, including the central Office in Moscow and its regional representation (office) in Znamenskoye, the Nadterechny District of the Chechen Republic manned by a staff of 25. Concurrently, 12 functional branches of the regional representation have been opened in different districts of Chechnya, staffed with a total of 23 volunteers working free of charge.

Thus, a mechanism enabling to collect and analyze information on human rights violations in Chechnya and later - through influence on the relevant ministries and agencies - to secure reinstatement of the violated human and civil rights and freedoms has been established.

At that stage the Special Representative and its personnel paid special attention to collecting information about people left unaccounted for during the anti-terrorist operation and to organizing their tracing. The Lawyers' Watch Project providing for bona fide legal aid to population has fully been implemented. The Bar Association of the Republic has been assisted in acquiring the equipment needed. The Special Representative's Office took an active part in the realization of acts of amnesty in relation to the citizens against whom criminal proceedings were instituted on the Chechen territory. The conditions of detention of citizens in temporary holding facilities at the provisional Departments of the Interior have been continuously monitored with the participation of experts from the Council of Europe.

At the third stage (September-November) the Special Representative and his staff have made efforts to protect rights, freedoms and interests of the inhabitants of the Chechen Republic within the judicial system in the places of their residence, promote rights of involuntary settlers and displaced persons living in temporary housing centers and in private homes owned by their friends or relatives, provide them with food, medicines and other essentials.

The established central Office in Moscow and the regional office in Znamenskoye of the Chechen Republic function in a stable manner and continuously enhance their structures with personnel and technical means. The staff of the Special Representative's Office includes 5 members within the Administration of the President of the Russian Federation and 43 in the Chechen Republic, including the office in Znamenskoye (20 staff members) and its 12 branches in Grozny, Urus-Martan, Gudermes, Argun, Shali, as well as in Shelkovskoy, Naursky, Groznensky and Atchkhoi-Martanovsky Districts, where 23 volunteers work free of charge. The personnel of the Office and its local branches basically consist of lawyers with a work experience gained in federal institutions. According to Russian and international observers the situation in the sphere of respect for and protection of human and civil rights and freedoms in Chechnya undoubtedly is steadily changing to the better and people display increase confidence with the Special Representative and his personnel.

It is worth noting that all staff members of the office of the Special Representative in the Chechen Republic are represented by local residents, mostly Chechens. This is goal-directed approach of the Special Representative since it is impossible to reestablish peaceful life in the Republic and rehabilitate the civil society institutions without extensive involvement of local population.

Since June 20 three experts from the Council of Europe work in the Special Representative's Office on a rotation basis: Eva Hubalkova*(*Âñå ôàìèëèè ïîäëåæàò ñâåðêå çàêàç÷èêîì (ïðèì. ïåðåâîä÷èêà).), Peter Iiskola and Edo Korlian. A new expert from the Council of Europe, Nikolov Plamen Vladimirov (Bulgaria), replaced Korlian, whose term expired on 27 November 2000. In accordance with its international obligations the Russian side has resolved all issues concerning the implementation of the agreement between the Russian Federation and the Council of Europe as to organizing the work of the CE experts within the Special Representative's Office in the Chechen Republic. The Russian side ensured adequate working conditions, accommodation, boarding and their physical safety. In Znamenskoye they are provided with the facilities for government and direct phone communication with Moscow, computers and copiers. They also have all necessary transportation means at their disposal.

The Special Representative, members of his staff and experts from the Council of Europe receive people in the premises specially assigned for this purpose in Moscow and Znamenskoye. More than 12,000 applicants have been received so far. The Special Representative, his staff members and the EC experts visit the temporary housing centers, meet and interview the settlers. The work with the population enables the Office to identify more easily the most important issues which should be tackled, streamline the activities of the structure and use effectively the potential of the institution of the Special Representative established by the President of the Russian Federation.

Filings and applications of citizens of the Chechen Republic, both oral and written, are a major source of information about violations of rights and freedoms. 12,167 citizens applied to the Office of the Special Representative in Moscow and the Office in the territory of the Chechen Republic over the reported period. 5,485 written applications have been accepted, including 2,097 applications with regard to allegedly illegal actions by the officials of different ministries and agencies; 853 with regard to lack of information about intercepted or arrested relatives; 677 with regard to non-payment of benefits and compensations; 357 with regard to illegal (from the applicants' point of view) confinement to, and detention in temporary holding facilities; 212 with regard to the violation of the right to freedom of movement and extortion at check-points; and 130 with regard to violations of labor law.

More than 50 per cent of all applications concern lack of information about intercepted or missing relatives, limitations to the freedom of movement, acts of violence, insults from the military and law-enforcement personnel, searches, assaults and battery and illegal detention. Unfortunately, that information is confirmed often by the statistics of registered offences on the territory of the Republic. Thus, 3,678 crimes of various types have been registered in the Chechen Republic over the reported period of 2000, including 361 premeditated murders, 65 aggravated assaults and 38 robberies. 569 personal thefts and 630 offences related to drug trafficking have been committed. 56 official crimes have been exposed and investigated. The criminal proceedings have been initiated in relation to 161 kidnappings, 33 attempts against local heads of administration and representatives of the federal authorities and 9 crimes committed by militia.

The majority of common crimes are investigated by the officers of the Ministry of the Interior of Russia.

The bodies of the Military Prosecutor’s Office are now investigating 740 crimes committed by the military, including 35 crimes committed by military personnel against local population, of which 12 cases are related to murder (Article 105 of the Penal Code of the Russian Federation); 1 - causing death due to negligence (Article 109 of the PC of the RF); 6 - theft related (Articles 158-162 of the PC of the RF); 2 - hooliganism (Article 213 of the PC of the RF); 2 - careless handling of weapon (Article 349 of the PC of the RF); 6 - violation of traffic safety rules when driving military or special vehicles (Article 350 of the PC of the RF); and 6 - loss of life as a result of bombings or shellings. Investigation of 8 criminal cases has been completed so far and forwarded to the Military Tribunal.

The officers of District and City Prosecutor’s Offices in the Chechen Republic investigate 946 criminal cases. These cases are related to: crimes against human life and health; crimes against freedom, honor and dignity of a person; crimes against public safety; illegal acquisitions, transfers, sales, possession, transportation and carrying of weapon, ammunition, explosives or explosive devices. The above-mentioned officers have completed the investigation of 714 criminal cases, of which 55 cases have been forwarded to the Court, including 9 cases of murder; 37 cases have been incorporated into other criminal cases; 176 cases have been forwarded to the relevant bodies for further investigation; 39 cases have been suspended due to tracing of offenders; 1 case has been suspended due to the illness of the offender and 311 cases have been suspended due to non-identification of offenders. 232 criminal cases are still under investigation, 185 of which are related to murder.

Many claims contained in the applications of citizens concern Offices of the Interior which, among other things, delay the process of issuing identity documents (the fact is that without such documents citizens cannot move freely, receive pensions, cash benefits and other assistance), whose police workers behave very rudely or extort money for passing through check-points. The Special Representative informed the Ministry of the Interior of Russia about all these facts. In this connection Vladimir Rushailo, Minister Interior of the Russian Federation, decided to inspect the work of the internal affairs personnel in the territory of Chechnya, to organize an in-depth study by police officers of customs, traditions and rites of the peoples living there. It was agreed to increase the staff of passport and visa services assigned to the Republic to speed up issuance of passports to the population. In doing so leadership of the Ministry of the Interior of Russia provided that staff of passport and visa services should arrive in the centers of temporary settlement of citizens with adequate technical equipment necessary for documenting, photographing and registration taking into account the place of stay and the place of residence. As a result of measures taken so far there were issued in the Chechen Republic about 70 thousand passports, 113,609 temporary identity cards. A total of 220,994 people were registered at the place of residence.

One of the areas of activities of the Special Representative is facilitating improvement of the work of all the law-enforcement bodies aimed at strengthening law and order and implementing citizens rights to appeal against illegal actions of public officials. Of particular concern at this stage is the ever increasing number of complaints, applications of citizens concerning their missing relatives, acquaintances, neighbors, as well as written appeals of heads of local administration of towns, regions and villages of the Chechen Republic after the so-called cleanup operation - checks of passport regime observance in settlements. Analysis of the above-mentioned complaints shows that passport regime checks or cleanup operations usually consist in blocking a settlement with subsequent house-too-house searches including utility premises, adjacent lots of land with no authorization issued in an established manner. Such actions are conducted, as a rule, without witnesses, without drafting any documents and sometimes without participation of prosecutors and heads of local administrations. Those conducting passport regime observance checks are dressed in camouflage, often wear masks and behave aggressively towards local population. After such actions the Special Representative receives a great number of complaints about illegal detentions, thefts of personal property and disappearance of citizens. Thus, in the village of Alkhan-Urt of the Urus-Martan district 10 passport regime observance checks have been conducted since the beginning of the year. According to the head of administration during these operations over 100 villagers were unlawfully detained with no explanation of the reasons for the detention. All of them were released after direct interference of the Special Representative Office with the participation of the Council of Europe experts.

All the information about offences of military personnel and officers of the internal affairs bodies are submitted by the Special Representative to corresponding “power” ministries and Office of the Prosecutor-General of the Russian Federation for verification and taking appropriate actions.

A total of 34 criminal cases were instituted concerning disappearance of citizens after their detention by servicemen or police officers which the Special Representative brought to the attention of the Office of the Prosecutor-General of the Russian Federation. For example, criminal proceedings were initiated in connection with the following cases: the disappearance of K.K. Bashayev, K.U. Basnykayev, R.A.Kaykharov and 11 other persons at the block station near the village of Duba-Urt of the Shalynsky district; of M.A.Lianov, I.K.Dombayev, T.S.Tabzhanov in Grozny; the discovery near the village of Stary Atagi of the corpses of I.V.Kuntayev, A.S.Sadayev and A.A.Abdurazakov; the murder of S.-E.U.Ghireyev, A.U.Ghireyev, S.-K.U.Ghireyev, M.M.Sugaipov; the discovery in the burial place at the outskirts of the village of Stary Atagi of the corpse of Edilbek Jabrailovitch Isayev; the discovery near the village of Jalka of the Gudermes district of the corpses of M.Taimaskhanov, Vagapov and Usuyev, all of them residents of that village; the detention by unidentified persons and subsequent disappearance of former Chairman of the Parliament of the Chechen Republic of Ichkeria R.A.Alikhajiyev.

The list of 462 missing residents of Chechnya compiled by the personnel of the Special Representative on the basis of citizens applications was sent to the Ministry of the Interior of Russia. In this connection, 145 cases were instituted concerning the search for missing persons and 255 other cases are being processed. The whereabouts of 48 people from among those missing were established. Furthermore, it was ascertained that 26 persons from that list had been already convicted and are serving their terms in corrective labor institutions. The information about these persons was conveyed to their relatives.

In order to protect civil rights and freedoms and establish strict respect for fundamental human rights and the Russian legislation in general the Office of the Prosecutor-General of the Russian Federation took the decision that from now on all operations in settlements in the territory of the Republic conducted by servicemen and police officers will be carried out with the participation of the representatives of the Military Prosecutor’s Office. The Office of the Prosecutor-General of the Russian Federation and the Ministry of the Interior of Russia sent to Prosecutors’ Offices of the Chechen Republic and the Directorate of the Interior for the Chechen Republic of the Ministry of the Interior of Russia a joint directive “On improving the activities to investigate murders connected with disappearance of citizens, and search for missing persons”.

The Special Representative would like to better inform citizens, organizations, Russian and foreign correspondents who send their requests to him within the framework of campaigns by non-governmental human rights organizations, of the fact that he possesses lists of citizens detained and arrested in the territory of Chechnya with their personal data and accusations brought against them. These data are submitted to their relatives. The Special Representative and his personnel in Moscow and in the territory of the Chechen Republic receive applications by citizens, organizations and institutions with regard to violations of human and civil rights and freedoms in the Republic on the part of both unlawful armed formations and federal forces. Measures provided for by the law are taken on all reported facts with a view to achieving respect for (restoration of) the norms of international humanitarian law as well as rights and freedoms guaranteed to the citizens by the Constitution of the Russian Federation. In his reports, statements and interviews the Special Representative will continue to inform international public on the results of investigations of such violations conducted under the guidance of officials in the Chechen Republic.

According to the information supplied by the Migration Service, during the period of the counter-terrorist operation about 218 thousand people were registered as having abandoned the places of their permanent residence but continuing to stay in the territory of the Chechen Republic. A total 10,598 people live in five temporary housing centers (Znamenskoe, Sernovodsk, Assinovskaya), 157,848 people found accommodation in the private sector, 12,953 people stay with their relatives.

The Special Representative, staff of the Office and experts of the Council of Europe regularly visit the temporary housing centers for internally displaced persons in the territory of the Chechen Republic. During the meetings and interviews they examine living domestic and sanitary conditions of people, food supply, health care and bedding.

Special attention was drawn to the necessity of food supply for internally displaced persons who do not live in temporary housing centers but stay with their relatives or in the private sector because the lack of this service results in growing social tensions and flagrant violations of the rights of citizens. This question was considered at the meeting with the participation of Mikhail Kasianov, Chairman of the Government of the Russian Federation (September 2000), and at the meeting of the Federal Assembly State Duma Commission (November, 2000). Is was found necessary to proceed immediately to the distribution of foodstuffs to those living in the private sector and to the repair (replacement) of the tents of the temporary housing centers in the territory of Chechnya. All the tents in the temporary housing centers that had been worn out beyond repair were replaced, and bedding accessories (mattresses, blankets, pillows) were distributed before the arrival of cold weather. At the same time provision of food, clothing, medicines and sanitary items remains a major problem.

One of the most serious problems is the return of internally displaced persons to places of their permanent residence. The return of citizens is hampered by destruction of housing which was made unsuitable for living, lack of social infrastructure, financial resources for maintaining families, legislation for beginning compensatory payments for destroyed houses and lost property.

Polling of migrants in the temporary housing centers in the territory of Chechnya and Ingushetia showed that an overwhelming majority of citizens would like to return to places of their former residence, including Grozny. Those living in the private sector submit requests to install temporary mobile housing units in their yards so that they could restore their houses on their own. And this is, in our view, an important priority task at this stage.

Now, at the request of the Special Representative and with the support of the Head of Administration of the Chechen Republic A.-K. Kadyrov, the UNHCR is planning a pilot project to deliver 200 (out of 2000 requested by the Special Representative) light prefabricated houses for temporarily displaced persons. If this project proves to be fruitful and efficient the UNHCR in the near future will continue to acquire and supply such building structures to the Chechen Republic.

Restoration of the common law courts in the Chechen Republic is socially and politically important. Judicial authority is one of real guaranties of federalism in the Republic, a major prerequisite of a fast and efficient establishment of law and order in its territory, enabling the population of the Chechen Republic to return to a civilized manner of protecting their rights, provided for by the Constitution of the Russian Federation. Lack of judicial bodies and efficient legal protection is mentioned by up to 17 per cent of those applying to the Office of the Special Representative. This is the reason for delaying examination of criminal cases in courts and increasing the terms of custody of the accused.

In this context, the Special Representative conducted a series of meetings with V.Lebedev, the Chairman of the Supreme Court of the Russian Federation, A.Gusev, Head of the Judicial Department of the Supreme Court, A.-K.Kadyrov, Head of the Administration of the Chechen Republic, Y.Sergunin, Chief of the Judicial Department Office in the Chechen Republic.

At present, 30 retired judges agreed to end their retirement and go to the Chechen Republic. The Highest qualification board of judges of the Russian Federation endorsed 20 of them, and they will be able to take judicial office as early as December. The problems of accommodating the courts in Nadterechny, Naursky, Shelkovskoy and Gudermes districts of the Chechen Republic have been solved. The question of locating the Republic’s Supreme Court in Grozny in the same building it occupied earlier is under consideration.

Under the Federal Constitutional Law 1996 N1-FKZ on the Judicial System of the Russian Federation of 31 December the system of federal courts in the Chechen Republic will be represented by the Supreme Court of the Republic and 15 regional courts. The total number of the courts’ staff will exceed 200 persons, including 57 judges. In order to provide for the activities of the system of federal common law courts in the Chechen Republic the necessary financing has been allocated from the federal budget.

Unfortunately, it has not yet been possible to fully protect the rights and freedoms of the citizens living in the territory of the Chechen Republic, guaranteed by Article 46 of the Constitution of the Russian Federation. Criminal and civil cases are still being referred for consideration to courts in the neighboring constituent entities of the Russian Federation. However, as the counter-terrorist operation is nearing completion, the courts will be restored in other districts of the Republic as well.

At present in the territory of the Chechen Republic there are a pre-trial detention center of the Ministry of Justice of the RF in Chernokozovo, and temporary detention centers of 18 provisional departments of the Ministry of the Interior. In order to supervise the work of these centers, and make the conditions of custody of detained and arrested citizens compliant with the existing requirements, the Special Representative and his personnel, as well as experts of the Council of Europe visited the pre-trial detention centers and temporary detention centers. During this exercise a special attention was paid to the conditions of custody of suspects and accused, respect for their rights and freedoms, and provision of food. After inspection of the temporary detention center in the village of Chervlennaya, where the suspects were held in special rail cars instead of stationary conditions, its operation was suspended. The inspections also showed that the conditions of custody of the arrested in all pre-trial detention centers (except Chernokozovo) needed considerable improvement. The Ministry of Justice of Russia supported these findings and took measures to reconstruct and refurbish some of the pre-trial detention centers in the Northern Caucasus. The Special Representative thinks it necessary to continue, jointly with the Council of Europe’s experts, regular visits to the temporary detention centers in all 18 regional provisional departments of the Ministry of the Interior and pre-trial detention centers in the territory of Chechnya where inhabitants of the Republic are kept in custody.

To date the judicial bodies, in close cooperation with the Prosecutor General’s Office of the Russian Federation, the Ministry of the Interior and Federal Security Service of Russia, have completed the release of all eligible persons under the adopted normative acts, and the return of those released to peaceful life. Altogether under the amnesty 300 persons were released. Out of them 250 citizens were notified of the amnesty in the presence and with direct participation of the Special Representative and his personnel. A Special Representative’s bus was provided to ensure orderly and safe return of those released under the amnesty. All those pardoned received ID cards containing information about their amnesty.

Work with the population shows that provision in the Chechen Republic territory of efficient legal assistance, including assistance to the suspects and accused is one of the acute and most important problems.

The Bar has been reestablished in the Republic (the city of Gudermes) consisting of over 50 members. Matters related to the return of lawyers, their accommodation, housing and personal security are being dealt with. In this context, the Special Representative together with the Prosecutor General’s Office of the RF, the Ministry of Justice, the Ministry of the Interior and the Federal Security Service of Russia have elaborated an initiative put forward by the Public Center “Anti-Proizvol” (against arbitrariness) which provides for sending to the Chechen Republic of lawyers from various constituent entities of the Russian Federation to offer free legal assistance to local inhabitants accused of committing offences. Directors of territorial bodies of the Prosecutor General’s Office of the Russian Federation, the Ministry of the Interior, the Federal Security Service and the Ministry of Justice of Russia rendered the required help to lawyers. The lawyers are located at the Special Representative’s bureau in the village of Znamenskoye of the Chechen Republic’s Nadterechnyi district.

At present the project is fully implemented. The seventh lawyers’ “watch” - each numbering two persons - from Moscow city and oblast Bar, as well as from the Bar “Moscow Legal Center” is operational in Chechnya. As a result of the project 14 lawyers participated in the defense of accused citizens under 86 criminal cases, they took part in 227 investigative actions and filed 42 applications, of which 42 were granted, and achieved the release of 15 persons.

The lawyers intend to continue their work until the Chechen Republic’s Bar is fully operative.

The Special Representative has requested for examination and consecutive review information on the observance of rules of international humanitarian law by the military command bodies and military officials of the United Army Group in the North Caucasus.

According to the report of the Chief Military Prosecutor of the Prosecutor General’s Office of the Russian Federation the rules of law of military conflicts enshrined in the basic international instruments to which the Russian Federation is a Party are embodied in the Constitution of Russia, a number of federal laws, as well as in General Regulations and other normative acts that govern the activities of the Armed Forces and other military formations of the Russian Federation.

Legal education to ensure the knowledge of the rules of international humanitarian law is a part of military training, one of the most important means to strengthen law and order in the troops and other military formations. The issues of international humanitarian law are included in the curricula and programs of military training schools. Representatives of the International Committee of the Red Cross are planned to get involved and are actually involved in the training of personnel.

Prosecutor’s supervision over the observance of the rules of international humanitarian law in the Armed Forces and other military formations of the Russian Federation, including during the counter-terrorist operation in the North Caucasus, falls within the purview of the Military Prosecutor’s Office.

The problem of crimes committed by servicemen is the most acute and painful issue for the public, including international public opinion. While noting the existence of such facts (since the beginning of the counter-terrorist operation in the Chechen Republic the Military Prosecutor’s Office has investigated and is investigating now a total of 35 criminal cases involving offences committed by servicemen against local population), the Special Representative underscores their ad hoc and exclusive character. In close cooperation with the Prosecutor General’s Office of the Russian Federation, the Ministry of the Interior, the Ministry of Defense of Russia and other ministries and agencies we get answers to direct questions. Thus, criminal actions were instituted in connection with the murder of local inhabitants in the villages of Aldy, Alkhan, Mekenskaya of Naursky district and Chervlennaya of Shelkovskoy district. In response to Special Representative’s requests it was conveyed that in order to solve the cases at hand operational investigative groups were established. They consist of representatives of the Prosecutor General’s Office of the Russian Federation, the Ministry of the Interior and the Federal Security Service of Russia. Investigations under these criminal cases continue.

We think that a relatively small number of testimonies provided by the citizens of the Republic on such cases is due to, among other things, the fear of violence. As the state power and democratic institutions strengthen, the number of reports related to felonies, including those committed by members of illegal armed formations, will increase.

A most important area of work of the Special Representative during the past year was interaction with international governmental and non-governmental organizations in order to develop an agreed approach to reestablishment of democratic institutions, settlement of human right problems, improving monitoring of human rights in Chechnya, and integration of international norms and standards to promote such rights.

A distinctive place in activities of the Special Representative is accorded to the task of integrating the requirements and norms of basic treaties of the Council of Europe pertaining to the protection of human rights (the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1987), etc.) into the law-enforcement practice.

This task is fully consonant with the Agreement between the Russian Federation and the Council of Europe of April 4, 2000 (extended for further six months on October 6, 2000) that provided for the monitoring, jointly with the CE experts, of human rights and humanitarian situation in the Chechen Republic and for the preparation of proposals on these matters in order to ensure strict observance of basic human rights of the civilian population of Chechnya.

Three CE experts have worked together with the Bureau’s personnel since 20 June 2000 enjoying full freedom of movement and access to information and population while observing limitations related only to security and precautionary measures. Together with the Bureau’s personnel the CE experts meet with citizens, examine their reports and complaints concerning all matters related to alleged violations of human rights and freedoms, regularly visit temporary and pre-trial detention centers, interview the detainees and their relatives, and regularly carry out joint inspections of temporary custody centers. On the basis of their findings the CE experts draft interim reports and send them to Mr. W.Schwimmer, the Secretary General of the Council of Europe (for the past period four such reports have been sent). These reports reflect the full range of their activities within the Bureau of the Special Representative of the President of the Russian Federation with an emphasis on search for missing persons, problems of people detained during the counter-terrorist operation in the North Caucasus, including the conditions of their custody in temporary detention centers of the provisional divisions of the Ministry of the Interior in the territory of the Chechen Republic and pre-trial detention centers of the Ministry of Justice of Russia in the region, establishment of judicial system, issuance of passports to the whole population of Chechnya, especially to those citizens who were forced from their homes, situation in Grozny (life support to population, increase in the number of missing persons), various cases of abuse and violations of citizens’ rights at check points, situation in refugee camps both in Chechnya and neighboring constituent entities of the Russian Federation, etc.

Specific results of the activities of the Special Representative’s Bureau on these matters can be found in respective sections of the present report.

A constructive approach of the Council of Europe Secretariat which renders real support to the activities of the Office of the Special Representative should also be mentioned. The Council of Europe comprehends well the objective set by the Special Representative, which is to establish in the Office and its branches a Corps of experts in the field of human rights protection who would be familiar with law, including Strasbourg law, and adequately use international norms of human rights. Thus, on invitation of the Council of Europe Secretariat three groups of officials working with the Special Representative of the President of the Russian Federation were trained in Strasbourg during the past period. 26 officials from the Office, its branches and Moscow staff attended training seminars held by the Council of Europe Secretariat.

The senior officials of the Council of Europe positively appraise the activities of the institution of the Special Representative. Such an appraisal was expressed several times by the Secretary-General of the Council of Europe, Mr. Shuimmer, who visited on the 23 July 2000 the Office of the Special Representative in Chechnya and noted major progress in implementing Recommendation 1444 (2000) of the Parliament Assembly of the Council of Europe concerning the presence of CE experts in the region as well as efforts made to restore the rule of law and to comply with democratic principles in the Republic in conformity with recognized international rules and standards. The same appraisal was expressed by the Chairman of the Committee of Ministers of the Council of Europe, Minister of Foreign Affairs of Italy, Mr. L.Dini, the Secretary-General of the PACE, Mr. B.Haller, the Rapporteur of the PACE Political Committee on Chechnya, Lord Judd, the CE Commissioner for Human Rights, Mr. A.Gil-Robles, the Deputy Chairman of PACE Committee on migration, refugees and demography, Mr. T.Ivinsky* (* Âñå ôàìèëèè ïîäëåæàò ñâåðêå çàêàç÷èêîì (ïðèì. ïåðåâîä÷èêà).), and many others.

Twice, on 20-23 March, 2000, and on 5 -8 December, 2000, on invitation of the Council of Europe Secretary-General, the Special Representative met with the senior officials of the CE and PACE in Strasbourg as well as addressed meetings 703 and 733 of the CMCE presenting a report on the human rights activities in Chechnya and answered multiple questions of those who attended the meetings. There were also contacts with the European Committee on Prevention of Tortures.

It is important to note that the Council of Europe is the sole international intergovernmental organization which was represented by its experts in Chechnya in 2000 on a permanent basis.

In the period under review the human rights issues, which are a constituent part of the OSCE human dimension, were discussed during the meetings and contacts of the Special Representative with the OSCE CIO, Mrs. B.Ferrero-Waldner, personal representative of the OSCE CiO, Ambassador H.Taliavini, Director of the OSCE Office on the Democratic Institutions and Human Rights, Ambassador G.Stoudmann, Head of the OSCE Assistance Group in Chechnya, Ambassador A.Missong, and other representatives of the OSCE.

On invitation of the OSCE CiO, Mrs.B.Ferrero-Waldner, the Special Representative visited on 19-20 July 2000 the headquarters of the Organization in Vienna where he spoke at the meeting of the Permanent Council of the OSCE and discussed, in the course of the personal meeting with Mrs. B.Ferrero-Waldner, the human rights situation in Chechnya and cooperation with the OSCE ODIHR and OSCE AG in Chechnya.

The highest level of cooperation has been achieved with the OSCE ODIHR. In order to establish a mechanism for registering and control of reception and consideration of applications (interviews) from citizens on eventual violations of human rights in Chechnya a computer program for the relational database in this field has been prepared together with the ODIHR. A pilot project on monitoring human and civil rights and freedoms in the Chechen Republic on the basis of the distributed information computer-aided data collection and processing system (RIVS) has been developed with the OSCE experience obtained in Kosovo and Russian programmers involved. The pilot project presented in the OSCE ODIHR in November 2000 was tested and implemented with the use of the Special Representative’s hardware means available during the reception of citizens of Chechnya in the reception office of the Administration of the President of the Russian Federation (Moscow, Novaya Ploshchad, 4, entrance 11) and the Special Representative’s Office (village of Znamenskoye, Nadterechnyi district of the Chechen Republic) and its 12 branches in the areas of the Chechen Republic.

Moreover, active interaction has also taken place in other fields. Thus, on the invitation of the OSCE ODIHR seminars were held in September and November 2000 in Warsaw to study international standards in the field of human rights protection. 21 officials of the Office in Znamenskoye, its branches and Moscow office staff of the Special Representative attended the seminars. The seminars in Warsaw organized by the Polish Helsinki Human Rights Foundation were conducted at a high professional level. In the course of training the groups got acquainted with international normative documents concerning the protection of human rights (the UN and Council Europe Conventions) and with their practical application by international and national human rights organizations. Workshops were conducted with the use of methods practiced in business games on organizing interviews of citizens complaining about possible violations of their rights. Due to the acquired know-how the officials of the Office of the Special Representative of the President of the Russian Federation have developed their vocational competence in the field of human rights, which will be applied in practice.

In connection with the coming resumption of activities of the OSCE Assistance Group in Chechnya, taking into account a broader mandate of the Assistance Group and in order to avoid the duplication of the human rights activities, multiple meetings and consultations were held with the Head of the OSCE Assistance Group in Chechnya Ambassador A. Missong, to elaborate a common approach to possible interaction in the monitoring of human rights in Chechnya.

A high level of cooperation was established during the past period between the institution of the Special Representative and UNHCR. The Special Representative met with the UN High Commissioner for Refugees, Mrs. S.Ogata, Director of the UNHCR European Regional Office, Mr. A.-B.Beileveld, Director of the International Protection Department of the UNHCR, Mrs. E.Feller, Regional Representative of the UNHCR to the Russian Federation, Mr. G.MacCallin and other senior officials of the UNHCR.

The Office of the Special Representative to Chechnya was able to start its full activities owing to a great extent to the logistic support (office equipment, transport, furniture, outfit) given by the Regional Representation of the UNHCR to the Russian Federation. On his part, the Special Representative tackled the issues concerning the assistance to the UNHCR in prompt delivery of humanitarian cargoes for those who have been forced to leave their permanent residencies in the Chechen Republic while ensuring their physical safety. Within the interaction with the UNCHR Regional Representation emphasis was made on satisfying the needs of the most vulnerable groups of population suffered (such as women-led families, elderly people and children), returning involuntary migrants to their homes under conditions of security and with dignity.

Since it is very important to restore completely the judicial system in Chechnya as a stabilizing factor in the region, the UNHCR held, with the assistance and participation of the Special Representative’s staff, a training seminar in December 2000 in the city of Kislovodsk, Stavropol Kray, for 16 judges, 8 lawyers and 2 prosecutors of Chechnya titled “International and national obligations in the field of human rights concerning the protection and return of internally displaced persons - the role of courts”. The Special Representative reached also an agreement to the effect that the UNHCR would provide logistic support to equip four district courts of the Chechen Republic.

On 22 and 23 March 2000 the Special Representative met in Brussels with a member of the Commission of European Communities, Mr. K.Patten, Deputy Chairman of the Committee for International Affairs of the European Parliament, baroness Nicolson, and Rapporteur of the Committee for Russia, Mr. A.Oostlaander, and on 26 June 2000 he met in Moscow with the members of the Russia-EU Parliamentary Cooperation Committee. During those meetings the representatives of the European Union were given explanations about the human rights situation in the Chechen Republic and eventual areas and modalities of cooperation were discussed, in particular, those concerning technical assistance to the Special Representative’s Office under the TACIS Program.

In pursuance of the accords reached, a major step forward was made towards cooperation with the Representation of the Commission of the European Communities to the Russian Federation. In November - December 2000 the Institute for International Assistance and Solidarity, Brussels, organized five training seminars in the city of Zheleznovodsk, Stavropol Kray, and one seminar in Moscow within the Bistro Project on rendering assistance to the Special Representative’s Office in enhancing the monitoring of human rights in Chechnya, sponsored by the European Union within the TACIS Program. During the seminars actually all officials of the Office in Znamenskoye, its branches, and the Moscow Central Office of the Special Representative took short- time courses in the following disciplines: international law and international practice in the field of human rights, psychological and social aspects and methods of conducting interviews with applicants on eventual facts of human rights violations, organization and functioning of computer databases. At the same time, work stations of the officials of the Special Representative’s branches in the Chechen Republic were equipped with hardware.

During the past period the Special Representative, taking into account the mandate of the UNHCHR, fully informed the United Nations High Commissioner for Human Rights, Mrs. M.Robinson, by transmitting three reports on the work done to ensure human rights and freedoms in the Chechen Republic.

Moreover, during the joint visit (April 1-3, 2000) to the Republic of Ingushetia, the Chechen Republic and the Republic of Dagestan a number of negotiations were held between the Special Representative and the United Nations High Commissioner for Human Rights. The High Commissioner was given clarifications to her questions about the human rights situation in Chechnya, visited a number of establishments in Grozny, including the Temporary Department of the Interior of the Staropromyslovsky district.

Over the past period numerous meetings, consultations and talks were held with senior officials and heads of diplomatic missions as well as with ombudsmen from leading Western countries (the USA, France, Sweden, Canada, Italy, Portugal, Ireland, Belgium, Austria, Finland, Hungary, Poland, etc.) to formulate a concerted approach to the promotion of human and civil rights and freedoms in the Chechen Republic.

While collecting and analyzing information to identify facts and to evaluate the scope of human rights violations, the Special Representative of the President of the Russian Federation and his Office staff draw upon the material of and interact with international and Russian human rights and humanitarian NGOs. International organizations, such as The Human Rights Watch and Amnesty International, the International Committee of the Red Cross (Geneva, Switzerland), maintain contacts with and forward their surveys and inquiries to the Special Representative’s Office. Efficient contacts have been maintained with the Memorial human rights organization (O.Orlov), Independent Public Commission for Investigation of Violations of Human Rights in the North Caucasus (P.Krasheninnikov), All-Russian public and political Movement for Civic Dignity (E.Pamfilova), public charitable organization Civil Assistance (S.Gannushkina), Anti-Proizvol public center (S.Zamoshkin), Russian Red Cross Society (B.Ionov), Presidium of the Bar Association of the Chechen Republic (Y.Abdulkadyrov), Commissioner for Human Rights in the Russian Federation (O.Mironov), Russian Community of the Chechen Republic, Public Committee of Mothers (The Hope of Heart) of the Chechen Republic, etc.

The Special Representative rendered organizational assistance to the CARE - Germany humanitarian organization in delivery, in October 2000, of humanitarian aid (food, medicine and diesel-generators) for the Nadterechny district of the Chechen Republic.

Due to scanty resources and the need to coordinate activities related to the promotion of human rights and to undertaking joint efforts to protect them, collaboration has been established and developed with the Plenipotentiary of the Russian Federation to the European Court for Human Rights, Commission for Human Rights to the President of the Russian Federation, Commission of the State Duma of the Federal Assembly of the Russian Federation for the Normalization of Public and Political as well as Social and Economic Situation and Respect for Human Rights in the Chechen Republic.

In order to ensure exchange of views, discuss the most urgent problems of the human rights situation in the North Caucasus and to seek ways to improve it, the Special Representative of the President of the Russian Federation and his Office staff took part in a number of international conferences held, in particular, in Strasbourg (March 2000), in Piatigorsk (April 2000) as well as in the OSCE international seminar on the human dimension entitled Children and Armed conflicts (Warsaw, May 2000), a regional seminar Democracy, Rule of Law, Human Rights organized under the aegis of the Council of Europe (Vladikavkaz, June 2000), a consultative meeting of the UNHCR with non-governmental organizations (Geneva, October 2000), the European Ministerial Conference on Human Rights (Rome, November 2000), etc.

In order to monitor human and civil rights and freedoms on the territory of the Chechen Republic, the Special Representative’s Office undertook a pilot project on a computerized data collection and processing system.

The Personnel of the Special Representative’s Office enter in registration cards all data prescribed by the international working standards for documents on electronic and paper carriers. In particular, they have used the experience gained by the OSCE Office for Democratic Institutions and Human Rights in the military conflict areas. At present, a distributed computerized information system covering population reception centers both in Chechnya and Moscow is being established. At least 7 permanent and 2 mobile centers of this type are expected to be set up in Chechnya. An information collection and processing center will function in the Special Representative’s Office in Moscow. The main source of information on violations of rights and freedoms is a concrete applicant, i.e. a citizen. Moreover, these data will be supplemented by information from other sources, such as the Prosecutor General’s Office of the Russian Federation, the Russian Ministry of the Interior, Ministry of Emergencies, Ministry of Defense, Ministry of Justice, etc.

We believe that the information collected and processed while monitoring human and civil rights and freedoms in the Chechen Republic by use of the computerized system will promote the efficient activities of the Special Representative and will be of great interest for many other agencies and organizations.

While taking stock of what was done in 2000, we can say that the establishment of the institution of the Special Representative of the President of the Russian Federation, creation of his Office and its local branches on the territory of the Republic resulted in better transparency and in stepping up efforts to prevent violations of human and civil rights and freedoms in the Chechen Republic. However this is just a starting point on a long way hard to cover.

The main efforts to be undertaken by the Special Representative and his Office staff during the first quarter in 2001 will be aimed to:

- improve of the humanitarian situation of involuntary settlers and displaced persons on the territory of the Republic, keeping in mind as a principal task assisting and providing them with temporary shelter (prefabricated small houses) so that they could return to the places of their residence;

- establish and develop a judicial system in the Chechen Republic and encourage the Office staff to render practical legal assistance to the population in cooperation with the courts;

- facilitate the initiation of criminal cases and the institutions of search for people left unaccounted for, thus stabilizing the situation in the Republic;

- enhance interaction with the Prosecutor General’s Office of the Russian Federation, the Russian Ministry of the Interior, the Federal Security Service and the Supreme Court of the Russian Federation to complete investigations and to hold open trials against persons who committed grave crimes against the civil population.