| Å |
PRESS RELEASES
FIDH
27-28/11/2000
FIDH OPEN LETTER TO
THE OSCE MINISTERIAL COUNCIL 27/28 NOVEMBER, 2000
|
Å |
|
27-28/11/2000
FIDH OPEN LETTER TO THE OSCE MINISTERIAL COUNCIL
27/28 NOVEMBER, 2000
|
|
The International Federation of Human Rights (FIDH), very concerned by
the situation of fundamental freedoms in Chechnya, the Federal
Republic
of Yugoslavia and Kyrgyzstan, would like to draw the attention of the
OSCE Ministerial Council on these issues :
Chechnya :
The FIDH would like to express its concerns about the continuation of
the war in Chechnya where the civil population is still the victim of
the most awful crimes, such as arbitrary execution, forced
disappearance, torture, bad treatment, rape, persecution for
political,
racial or religious reasons, arbitrary arrest and detention, theft and
extortion.
According to the FIDH report published in October 2000, the war in
Chechnya continues to claim thousands of victims during military
actions
(bombings and shootings), « cleaning » operations and in the
filtration
system.
Although the Russian army pretends to be in control of the Chechnyan
territory, and keeps on saying that the « anti-terrorist operation »
is
about to end, or that the military actions « ended on April 15th »,
the
situation on the field seems to be very different from what officials
say. This conflict is becoming a partisan war.
The landmines on the Chechnyan territory claims many victims. NGO
doctors who work in the Chechnyan medical centres are very worried
about
the rising number of people injured by mine explosions.
The detention of the filtration system did not stop, neither did the
torture and bad treatment. At this stage, filtration system is
generalised, arbitrary arrest and detention, torture and disappearance
have multiplied in the second phase of the war. If the international
community's attention had once been concentrated for a moment on the
camp of Tchernokozovo, today we can talk about a multiplication of
detention centres that have the same characteristics as the one in
Ourous-Martan.
The growing number of « enforced disappearances » is one of the most
stunning characteristics of these last eight months. On September 21,
2000, D. Rogozine, Parliament Member and President of the Russian
Delegation of the European Council Parliament told, during a public
audition : « 18.000 disappeared, it's not much, it's even a low
number
compared to the refugees all over Russia, in addition to the ones who
left before the first war. »
The perpetration of crimes has been recognised by the Russian
authorities themselves. Vladimir Poutine even declared on April 13,
2000
that « all the violations that took place during the anti-terrorist
operation have been subject to an inquiry, to find the perpetrator. ».
These statements are not at all true in reality. The system which is
supposed to deal with this problem is actually useless. The lack of
initiative from Kalamanov's office, the Duma and State's Commissions
and
the National Public Commission have attested to the fact that these
organs just lie in order to satisfy an international community who
does
not care. Above all, the functioning of the judicial device in
Chechnya
is all but equal : when we look at how they deal with the complaints
submitted to the executive power, it reveals that there are no serious
investigations and in addition, civil courts do not work. Today, the
executive power (procurature) has treated only 16 cases related to
crimes committed by the military against civilians, in which four have
been to court and four have been amnestied. Impunity is an absolute
rule
regarding the crimes committed in Chechnya.
It seems obvious that Russia did not fill up any of the international
community requests since the beginning of this conflict one year ago.
The FIDH demands that the OSCE member States condemns Russia for its
acts and use all existing mechanisms so that Russia respect its
commitments adopted within the UN, the Council of Europe and the
OSCE.
The FIDH asks in particular the member States to initiate the
procedure
pursuant to the « Moscow mechanism on Human dimension » which allows
the
creation of an OSCE mission of Rapporteurs.
Federal Republic of Yugoslavia :
The FIDH wishes to call to the attention of the OSCE the issue of the
Albanian Prisoners in Kosovo, captured by Serbian forces in spring
1999
during NATO bombings, and brought to Serbia in June, after the
signature
of Kumanovo's agreement, in violation of the laws of war.
The FIDH, of course, welcomes the release of Flora Brovina, poet,
paediatrician, eminent human rights defender and an emblematic figure
of
the Albanian resistance, but today, 850 Albanian prisoners still
remain
in prison where their security is now being endangered.
Some of the prisoners already condemned by the Serbian courts after
unfair trials (empty files, denial of the rights of the accused), are
serving long-term prison sentences while others are still in
preventive
detention after more than one year following their arrests. They are
also subjected to torture and bad treatments.
As long as the prisoners' issue will not be resolved, the
reconciliation
between Serbs and Albanians will not be possible, neither any new
negotiation.
The future of these prisoners, who are real hostages, cannot be
negotiated.
At a time when the Federal Republic of Yugoslavia has won recognition
again from the international community, the FIDH calls on the States
to
put pressure on the authorities of FRY, so that these prisoners be
released. The new government's will to establish a real democratic
Republic will be evaluated on this question, as well as its intention
to
conform with the obligation to respect the Rule of democracy and human
rights, which it accepted, in particular by joining the OSCE recently.
The FIDH finally appeals to the authorities of FRY to fully co-operate
with the International Criminal Tribunal for the Former Yugoslavia,
notably by surrendering the persons already convicted to the Hague,
among which Slobodan Milosevic must be counted as the first. The
individuals who perpetrated crimes during the wars in Bosnia, Croatia
and Kosovo must be identified and duly punished.
Kyrgyzstan :
The information received by the FIDH testify of numerous human rights
violations occured during the last presidential elections on October
29,
2000 : electoral forgery, arrests of several members of opposition
political parties, strong obstacles put to the work of independent
observers. In the wake of the elections, many people who demonstrated
against the election results were arrested. Several journalists who
denounced the violations which occured during the electoral process
were
also arrested. Some of them were even beaten by members of security
forces or subjected to judicial proceedings. The way this electoral
process was conducted is the logical continuation of the attempts made
by the authorities during the pre-electoral period to control the
presidential elections, so that the outgoing President would be
reelected. In this regard, it cannot in any way be considered that the
Kyrgyz authorities fulfilled their commitments as to the respect of
democratic principles and the Rule of law.
Moreover, the situation of independent human rights defenders, who
have
been for a long time the target of governmental repression through
arbitrary judicial proceedings, arbitrary detention, harassment and
restrictions to the freedom of association, is still subject of
concern.
The case of Mr. Ramazan Dyryldaev, President of the Kyrgyz Committee
for
Human Rights, is in this regard most worrying. Ramazan Dyryldaev, who
had to seek refuge in Vienna at the end of July 2000, when a
warrant
was issued for his arrest in reprisal for his human rights activities,
is still subjected to judicial proceedings. In spite of the fact that
an
FIDH mission was assured by members of the presidential
administration,
at the beginning of September, that he could return from exile in
complete security, recently, the lawyer of Mr. Dyryldaev certified
that
there were no legal guarantees undertaken for the closure of the case
against him.
In this context, the FIDH would like to ask the OSCE Ministerial
Council
to request to the Kyrgyz authorities that they ensure that judicial
proceedings against political opponents, journalists and human rights
defenders be dropped, in particular that a judicial decision be taken
as
soon as possible, in order to definitively close the case against
Ramazan Dyryldaev, so that he be able to come back in his country and
freely pursue his human rights activities ; more generally, that they
conform, in all circumstances, with the provisions of the Universal
Declaration of Human Rights, as well as the international instruments
for the protection of human rights ratified by the Kyrgyz Republic, in
particular the International Covenant on Civil and Political Rights,
the
Paris Charter and the OSCE documents adopted in the « Human Dimension
».
|
|
