Organization: Human Rights Watch - Moscow Office
Subject: Letter to Maskhadov
April 2, 2001
President Aslan Maskhadov
Delivered through the courtesy of Ilyas Akhmedov
Dear President Maskhadov,
I am writing to you to express our deep concern over serious human
rights violations against civilians in Chechnya that have apparently
been carried out by armed forces under your command. These violations
have included direct attacks on individual civilians, and the
circulation of so-called "death lists" containing names of other
civilians who are to be executed. We urge you to take appropriate
measures to ensure an immediate end to these violations.
Human Rights Watch is an independent nongovernmental organization that
monitors compliance with international human rights and humanitarian law
in more than seventy countries around the world. We have documented
violations of international humanitarian law perpetrated by both sides
to the current conflict in Chechnya, but overwhelmingly by Russian
federal forces. This work has culminated in eight reports, which we have
used to urge the international community to hold Russia to its
commitments under international law to respect the principle of civilian
immunity in the armed conflict in Chechnya, to cease abuses, and to hold
their authors accountable.
Human Rights Watch is deeply troubled by a pattern of attacks and
threats-apparently by Chechen forces-on people working for the civilian
administration that was established by the Russian government in 2000.
Throughout the past ten months, more than a dozen such individuals or
their family members have died as a result of these attacks; many more
were wounded.
As you may be aware, international humanitarian law and, in particular,
the 1949 Geneva Conventions, establishes a set of rules for the conduct
of both international and internal conflicts. In the context of the
armed conflict in Chechnya, its provisions apply equally to Russian
government troops and Chechen forces. One of the most fundamental tenets
of the rules of armed conflict is the categorical prohibition of any
direct attack on civilians. Common Article 3 of the 1949 Geneva
Conventions, which deals with internal armed conflicts, states that:
Persons taking no active part in the hostilities, including members of
armed forces who have laid down their arms and those placed hors de
combat by sickness, wounds, detention, or any other cause, shall in all
circumstances be treated humanely, without any adverse distinction
founded on race, color, religion or faith, sex, birth or wealth, or any
other similar criteria.
Common Article 3 continues, "violence to life and person, in particular
murder of all kind. . . are and shall remain prohibited at any time and
in any place whatsoever with respect to the above-mentioned persons."
Cooperation by civilian administrators with the Russian government and
its forces can in no way be construed as taking an "active part in the
hostilities." There can be no doubt that these administrators must
therefore be considered non-combatants, direct attacks against whom are
strictly prohibited by international humanitarian law.
Human Rights Watch is furthermore concerned that the lives of other
Chechens branded as "collaborators" may be in danger. Human Rights Watch
and other human rights organizations have received copies of lists
naming Chechens cooperating with the federal government who have been
sentenced to death by a Shariat court solely for this cooperation.
We urgently call on you to order your forces and take all other measures
to cease the targeting of civilian administrators in Chechnya.
Yours sincerely,
Holly Cartner
Executive Director
Europe and Central Asia division
Human Rights Watch
--
Diederik Lohman,
Director, Moscow Office
Human Rights Watch
Russian Federation, Moscow 125267, A/Ya 2
Tel: 7 095 250 6852
Fax: 7 095 250 6853
dlohman@hrw.ru
Website
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