Russian Federation: Abduction and subsequent release of Mr. Zurab Tsetchoev

Acciones - Actions , Russia
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RUS 008 / 0708 / OBS 126
Search / Abduction / Release /
Ill-treatments / Harassment
Russian Federation
July 28, 2008

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and of the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in the Russian Federation.

Description of the situation:

The Observatory has been informed by the human rights centre Memorial about the abduction of Mr. Zurab Tsetchoev, a member of the “Mashr” human rights group, which supports relatives of persons who have been subjected to enforced disappearance as well as victims of torture, allegedly by members of unidentified (reportedly federal) security servicemen, in Ingushetia. Mr. Tsetchoev is also an applicant to the European Court for Human Rights where he complained about the ineffective investigation of the abduction of his brother, Mr. Tamerlan Tsetchoev, in March 2004.

According to the information received, on July 25, 2008, at 6 am, three armed troops carriers, three minibuses “Gazelle” and several other vehicles arrived to Mr. Zurab Tsetchoev’s house, in the village of Troitskaya, Sunzhensky district of Ingushetia. At least 50 security servicemen got out and knocked on the gates of the house. Mr. Tsetchoev opened the gates. Security servicemen then forced him on the ground face down and pointed guns at him. Some of the servicemen entered the house. They did not present themselves and did not show any identification documents, but spoke unaccented Russian. They behaved rudely. A search was carried out in the house without witnesses or warrant. The security servicemen took Mr. Tsetchoev’s computer and two mobile phones. Mr. Tsetchoev was then put into the Gazelle mini-bus and driven away.

Until 12 am, the relatives could not establish Mr. Zurab Tsetchoev’s whereabouts. Both the Ministry of Internal Affairs and the Prosecutor’s Office claimed they did not know who was responsible for Mr. Tsetchoev’s detention and on which grounds he was detained.

At about 12.10 am, Mr. Tsetchoev was dropped by security servicemen on a road between the Ingush towns of Magas and Nazran. He was picked up by his colleagues and delivered first to the office of Memorial and then to the Republican Clinical Hospital. Mr. Tsetchoev was very badly beaten, virtually unable to move on his own. In the hospital, he was diagnosed with a broken leg, contusion of both kidneys and contusions on both arms.

According to Mr. Tsetchoev, he would have been interrogated by men accusing him of having sent lists containing the personal addresses of law enforcers to the website Ingushetiya.Ru. As he denied having sent theses lists, Mr. Tsetchoev was severely beaten and asked to denounce the persons who had done it. The interrogation lasted five to six hours.

The Observatory reiterates its deepest concern about the ongoing harassment of human rights defenders in the Russian Federation, and recalls that according to Article 12.2 of the United Nations Declaration on Human Rights Defenders, “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”.

The Observatory further recalls that the Russian Federation was elected to the Human Rights Council in June 2006 for three years and is committed, in this regard, to “uphold the highest standards in the promotion and protection of human rights”. In addition, as a participating State of the Organisation for Security and Cooperation in Europe (OSCE), the Russian Federation acknowledges that “the [1998] UN Declaration on Human Rights Defenders [... places] a responsibility [...] on states to adopt and implement adequate legislation and administrative procedures that would provide for a conducive environment for human rights defenders to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, and recognises “the need for particular attention, support and protection for human rights defenders by the OSCE, its Institutions and field operations, as well as by participating States”[1].

The Observatory also points out that under the terms of the Declaration of the Committee of Ministers of the Council of Europe for enhanced protection of human rights defenders, adopted on February 6, 2008, member-States are required to “create an environment conductive to human rights defenders, to take effective measures to protect, promote, and respect them, to ensure their access to effective remedies, to take action to prevent attacks and harassment against them, and to ensure their effective access to the European Court of Human Rights”.

Actions requested:

The Observatory urges the authorities of the Russian Federation to:

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Zurab Tsetchoev, and more generally of all human rights defenders in the Russian Federation;

ii. Order a thorough and impartial investigation into the above-mentioned events in order to identify all those responsible, bring them before a civil competent and impartial tribunal and apply to them the penal sanctions provided by the law;

iii. Put an end to all acts of harassment against all human rights defenders in the Russian Federation, and ensure in all circumstances that they be able to carry out their work without unjustified hindrances;

iv. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, in particular with Article 1, which provides that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, as well as with the above-mentioned Article 12.2;

v. Comply with the provisions of the Document of the Copenhagen Meeting of the 2nd Conference on the Human Dimension of the Cooperation and Security Conference in Europe (CSCE) (1990), and uphold in all circumstances the principles and provisions enshrined in the international and regional human rights instruments ratified by the Russian Federation and which, in particular, guarantee freedoms of association, demonstration, expression and opinion, in particular the European Convention on Human Rights and the International Covenant on Civil and Political Rights;

v. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by the Russian Federation.

Addresses:

· Dmitri Medvedev, President of the Russian Federation, Kremlin, Moscow, Russia, Faxes:+ 7 095 206 5173 / 230 2408, Email: president@gov.ru;

· Vladimir Poutine, Prime Minister of the Russian Federation, 103274 Krasnopresneuskaya Nab., D.2, STR.2, Moscow, Russia;

· Prosecutor General of the Russian Federation, Vladimir Ustinov, 103793 g. Moskva K-31, Ul. B. Dimitrovka, d 15a, Russian Federation, Fax: + 7 095 292 88 48;

· Chairwoman of the Presidential Human Rights Commission of the Russian Federation, Ella Pamfilova, 103132 g. Moskva, Staraya ploshchad, d 8/5,pod 3, Russian Federation, Fax:+70952064855;

· Vladimir Lukin, Russian Federal Ombudsman for Human Rights, Fax: +7 495 207-53-37;

· Minister of Internal Affairs, Rashid Nurgaliev, ul. Zhitnaya, 16, 117049 Moscow, Russian Federation, Telegram: Rossiia, 117049, Moskva, Fax: + 7 095 237 49 25;

· Minister of Foreign Affairs, Sergey Lavrov, Smolenskaya-Sennaya pl, 32/34, 121200 Moscow, Russian Federation, Telegram: Fax:+ 7 095 244 2203;

· Permanent Mission of the Russian Federation to the United Nations in Geneva Av. de la Paix 15, CH-1211, Geneva 20, Switzerland, e-mail : mission.russian@ties.itu.int, fax: +4122 734 40 44;

· Embassy of the Russian Federation in Brussels, 31-33 boulevard du Régent, 1000 Brussels, Belgium, Fax: + 32 2 513 76 49.

Please also write to the diplomatic mission or embassy of the Russian Federation in your respective country.

***

Geneva-Paris, July 28, 2008

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:

E-mail: Appeals@fidh-omct.org

Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] See OP 6 & OP 8 of the Resolution on Strengthening OSCE Engagement with Human Rights Defenders and National Human Rights Institutions, adopted by the OSCE Parliamentary Assembly on July 10, 2007.

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