Recent press releases from Memorial (Russia)

- Trial of the Case of the Attack at Nal’chik in 2005: Memorial’s lawyer demands to stop criminal persecution of Kazbek Budtuyev

On April 19, 2010 Constitutional court of Russia declined the application regarding the unconstitutionality of the law which says that the accused of terrorism, organization of mass disorders etc., do not have right to the jury trial.

Among those who submitted the application was the trial lawyer of the accused of the attack at governmental bodies of Nalchik (Kabardino-Balkaria) on October 13, 2005.

Initially the case had to be considered by the jury. But in January 2009 the law annulling the jury trial for those accused of terrorism came into effect, and in March 2009 three-judge panel started considering the case.

Now the process continues.

Two of 58 accused - Kazbek Budtuyev and Rasul Kudayev - are defended by the lawyer of HRC Memorial. HRC Memorial believes that these two people are not guilty. Rasul Kudayev was gravely ill after returning home to Nal’chik from Guantanamo prison, he could not move around without help so even if he had wanted he would not be able to participate in the attack. About Kazbek Budtuyev see below.

Memorial’s lawyers have also submitted applications to the European Court of human rights regarding the tortures to which some accused had been subjected. Now the interrogation of witnesses and injured is under way relating to the episode of the attack at the department of internal affairs of Nal’chik. Kazbek Budtuyev is the only accused regarding the episode.

Memorial believes that case-based reasoning of the prosecution is unfounded, materials of the case - falsified. The lawyer demands to stop criminal prosecution of Kazbek Budtuyev and release him from prison.

In the reference (in Russian - http://www2.memo.ru/d/1640.html) the arguments of the prosecution and the defence of Budtuyev and the mechanism of the falsification are expounded.

Memorial about the attack at Nal’chik in 2005: http://www.memo.ru/eng/news/2010/04/22/2204101.htm.

- Khatuyeva against Russia. ECHR Rules the Case

Today, on April 22, 2010, European Court of Human Rights (ECHR) ruled the case "Khatuyeva v. Russia" (№ 12463/05). The Court stated that the Russian authorities are responsible for violating articles 2 (right to life), 3 (prohibition of inhuman or degrading treatment), 5 (right to effective investigation) and 13 (right to effective remedy before a national authority) of the European Convention on Human Rights and Fundamental Freedoms.

The applicant was represented by the lawyers of HRC Memorial and European Human Rights Advocacy Center (London).

On August 2, 2004 in the village of internally displaced persons in Ingushetia Russian militants carried out a special operation to find people taking part in illegal armed bands. Luiza Khatuyeva’s husband Sultan and seven other fellow villagers were detained and taken to the Sunzhenskoe district police department. Some of the detained were released later.

The next day Khatuev’s relatives got information that Sultan had been taken by FSB members and there was no information about his location. Since that time nothing is known about Sultan Khatuyev. Immediatelly after the detention of Sultan Luiza applied to the public prosecutor’s office of Sunzhensky district, FSB department of Ingushetia. The criminal case regarding the disappearance of Sultan Khatuyev was opened on August 20, 2004. Later the investigation was suspended and resumed several times. Those guilty were not ascertained. Luiza did not have access to the materials of the criminal case. On March 25, 2005 Khatuyeva applied to the European Court.

Luiza Khatuyeva also reports that she suffered pressure by the authorities relating to the application to the European Court. In October 2009, Khatuyeva received the letter in which an anonym threatened her and her family with physical reprisal in case if she did not recall the application from the Court.

On April 22, 2010, five years after the application was submitted, Court ruled the case.

ECHR decided that the Russian authorities violated Sultan Khatuyev’s right to life. Moreover, the Court held that the investigation of the criminal case about the disappearance of Khatuyev had not been investigated effectively. So Articles 2 and 13 of the convention were violated.

The Court decided that officers of law enforcement authorities were responsible for the disappearance of Sultan Khatuyev and that the investigation of the case had not been effective so Article 3 was violated relating to Luiza Khatuyeva.

The Court also decided that Article 34 had not been violated connected with the inhibition of exercising Luiza’s right to apply to the ECHR. ECHR held that the Russian authorities should pay Euro 10,000 in respect of pecuniary damage and Euro 60,000 in respect of non-pecuniary damage to the applicant. Euro 2165 should be payed to the representatives of the applicant as compensation for legal costs and expenses.

- Human Rights Defenders of North Caucasus Won "For Courage" Prize in Indonesia

On April 14, 2010 "For Courage" international prize presentation ceremony happened in Jakarta (Indonesia). This year the laureates come from four NGO’s from different countries, among them – human rights defenders from North Caucasus.

The prize "For Courage" is awarded every two years by the Secretariat of the World Movement for Democracy which brings together more than several thousands democracy activists, practitioners, scholars, journalists, politicians and public figures from all global regions, promoting human rights and democracy strategies.

The presentation of the prize took place within the World Movement’s Sixth Assembly "Solidarity across Cultures: Working Together for Democracy". More than 500 democracy activists from 100 countries participated in the Assembly, including the members of Russian NGO’s.

At the solemn ceremony which was opened by the Chairperson of the Secretariat of the World Movement for Democracy Kim Campbell, former Canadian Prime-Minister, Dokka Itslaev, the lawyer of Human Rights Center Memorial in Chechnya, got the prize in the name of all human rights defenders in North Caucasus.

The laureates were introduced to the public by the member of the Secretariat of the World Movement for Democracy, the President of the Center for human rights and democracy development Yuriy Dgibladze. His speech was accompanied with photos and videos of Natalia Estemirova’s speeches, abducted and killed on July 15, 2009.

In his speech Dgibladze mentioned the heavy condition of human rights in North Caucasus, great courage of human rights defenders, their selfless labour, authorities’ unprecedented pressure on them, killings of human rights activists which stay uninvestigated.

Dokka Itslaev expressed his gratitude to the international society for support and acknowledgement. He said that without solidarity and help from Russian human rights activists to the North Caucasus NGO’s members it would be impossible to work in the region, the situation in the region could change only if all across Russia the situation with human rights improved.

Large hall applaused standing to the words of Caucasian human rights defenders.

Along with North Caucasian human rights defenders the prize "For Courage" was awarded to the Human Rights Organization of Syria, Women Movement of Iran and Students’ Movement of Venezuela.

The source: www.hro.org

Photos of the ceremony: http://www2.memo.ru/d/1638.html

- Argentina’s Record Is Important for Us

International society Memorial press-statement

On April 21, 2010 in Argentina justice was exercised relating to those who directed and carried out the policy of state terror in the years of military dictatorship.

Military junta ruled Argentina from 1976 to 1983. For this period only according to official data 13 thousand people were killed or were missing. According to NGO’s data the number of killed and missing – not less than 30 thousand people. Ideologists and leaders of state terror justified their criminal actions by the need of struggle with terrorism, chaos and extremist groups in the country.

In 1982-1983 the military junta was headed by Reynaldo Bignone who had commanded Campo Mayo military base – a place where abducted people were brought, detained, tortured and than disappeared. And now Reynaldo Bignone is sentenced to 25 years of imprisonment. Five former highly ranked officers are also sentenced from 17 to 25 years of imprisonment. The court found them guilty of abductions, illegal imprisonments, tortures and extrajudicial executions.

International society Memorial considers this trial to be of supremely important precedent. Crimes against humanity don’t have time limits. Those guilty must be punished beyond the positions held or hold, above political circumstances that prevent exercising justice.

Argentinean dictatorship fell 27 years ago. During this time those who demanded exercising justice faced permanent counteraction. They were supposed to forget about state terror for the sake of "national unity". Those guilty were helped to relieve responsibility of the crimes as they say they had "carried out the orders". But Argentinean society remembered the victims and understood: the state couldn’t move forward when crimes were not recognized as crimes and criminals were not called to the account.

Court decision in Argentina makes us look at the situation in our country.

The leaders and organizers of state terror in Russia were never punished. Still there isn’t any clear legal estimate of criminals’ actions guilty in the death of millions of people in Russia.

Maybe because of this crimes committed in post soviet time stay unpunished? First of all we mean the crimes that are being committed under the slogan "struggle with terrorism" in North Caucasus - abductions, tortures, disappearances and extrajudicial executions. Since 1999 only in Chechnya there are three thousand victims of forces disappearances, arrested or abducted by state authorities. The "disappearances" were on a mass scale in 2000-2005 but today they still continue.

We believe that those guilty of these crimes against humanity will undergo trial soon or later. Their actions as well as Argentinean dictator’s actions cannot be forgotten and stay unpunished.

That’s why the sentence awarded in Argentina is so important for us.

For further information: Memorial