Russian authorities have concealed and obstructed the prosecution of Russian forces for violations of human rights and international humanitarian law in the Chechnya conflict. The failure to hold violators accountable can be expected to encourage Russian federal forces to continue to perpetrate abuses. Announced investigations into three well-known massacres believed to be committed by federal forces in the first six months of the war--at Alkhan-Yurt, Staropromyslovski, and Aldi--have been incomplete, haphazard, or suspended altogether. To our knowledge, no investigations have been launched concerning the widespread allegations of torture and ill-treatment of persons in custody. A few cases of torture in which the victim was later judicially executed are under investigation. Of the many evident cases of disproportionate use of force by Russian forces, only six incidents are currently under investigation. Military claims of jurisdiction over many of the most serious of the reported crimes have posed seemingly insurmountable obstacles to justice, and good faith investigations have been largely absent.

This memorandum is based on Human Rights Watch's active correspondence with the Russian military and civilian procuracies, and on a November 2000 field mission to Ingushetia, during which researchers gathered information from victims, witnesses, and law enforcement agencies concerning progress on investigations.

Introduction

Russian officials have shown a lack of commitment to a meaningful accountability process by their public statements, by the low number and evidently poor quality of investigations, and by the failure of law enforcement and other government agencies to build an atmosphere of trust among victims and witnesses. Government officials continue to downplay serious abuses committed in Chechnya as "incidental" and "exceptional." As far as Human Rights Watch is aware, none of the commanding officers who presided over massacres were suspended pending the outcome of investigations. Instead of taking this kind of confidence-building measure, for example, Gen. Vladimir Shamanov, who had direct oversight over troops that committed the massacre in Alkhan-Yurt, was awarded a "Hero of Russia" medal for his service in Chechnya mere weeks after the massacre took place. Russian legislation undermines the accountability process by creating wholesale exemptions from prosecution for serious violations committed by Russian forces in the course of anti-terrorist operations. The Law on Suppression of Terrorism contains no provisions regarding the responsibility of anti-terrorist units for possible abuses of power. In fact, the law explicitly exempts servicemen, experts and other persons from liability.

Human Rights Watch is aware of only one case--the March 2000 rape and murder of Kheda Kungaeva--that top officials publicly acknowledged and promised to investigate swiftly. At around 1:00 a.m. on March 27, 2000, Russian soldiers, under the command of Colonel Yuri Budanov, took eighteen-year-old Kheda Kungaeva away from her parental home. The next evening, soldiers returned her dead body. The criminal investigation was completed in January 2001 and forwarded to a military court. Colonel Budanov was charged with premeditated murder, kidnapping and abuse of office. Three of his subordinates were charged with desecrating a corpse and covering up a serious crime but the investigation against them was dropped before trial. Prosecutors did not charge Budanov or his subordinates with sexual assault, even though forensic examiners had determined that the girl was anally raped with a hard object and that her hymen was ripped in three places approximately one hour before her death.

Human Rights Watch
February 13, 2001
http://www.hrw.org/backgrounder/eca/chechmemo-0213.htm