Human Rights Violations in Chechnya

Once again thank you to Mary Elizabeth Grant for keeping us up to date on Human Rights situations around the world.

Author: Mary Elizabeth Grant

Editor: Jessie Zaylía

On Behalf of USD School of Law’s International Human Rights Law Society

For the last nine years, Amnesty International, Human Rights Watch, Doctors without Borders, and many other human rights organizations have reported wide spread human rights violations in Chechnya. Russian and Chechen security forces, along with Chechen rebel forces are accused of widespread torture, rape, executions, kidnapping, and forced “disappearances” in Chechnya.

The source of conflict derives from Chechens who want Chechnya to be an independent country while Russia attempts to maintain its control over the territory. The Russians conquered the Chechen territory located in the Caucasus mountain range in 1859. Though Chechens achieved brief independence in the 1920, Russia quickly regained control in 1922. When the Nazis marched into the Chechen region during World War II, the Chechens again attempted to establish independence from Russia. However, when the war ended, Stalin deported Chechens to Siberia for allegedly collaborating with the Nazis. Tens of thousands of Chechens are estimated to have died as a result of deportations.

When the Soviet Union dissolved in 1991, Chechnya once again declared its independence. Responding swiftly and expecting a quick victory, Russia sent troops to Chechnya to force the territory to join the Russian Federation in 1994. While a signed peace agreement between Russia and Chechnya (two years later) gave Chechnya autonomy, it did not grant Chechnya independence. Since then, Russia has attempted to quash rebels by conducting a reign of terror over civilians.

The Chechen government was weak and unable to control the rebel warlords that took over the region. The rebels kidnapped civilians and held them for ransom and also frequently beheaded their captives. Further, the rebels conducted terrorist attacks in other territories; they are accused of exploding two civilian airlines and of bombing a Moscow train.

In an attempt to gain control and to prevent the rebellion from spreading to other territories, the Russian government sponsored a new constitution that provided Chechnya with even greater autonomy. Elections in 2005, suspected of being rigged, resulted in a primarily pro-Moscow parliament. In April, 2007, Vladimir Putin’s protégé, Ramzan Kadyrov, was elected president of Chechnya. Now, Kadyrov’s security forces, in conjunction with Russian armed forces, are accused of widespread human rights violations.

Currently, Kadyrov’s security forces abduct people from their homes without providing any explanations to family members or information regarding where the abductees are being taken. The few who have been released from the security forces’ control report torture and recall deplorable conditions of secret detention centers. Those who have been released or escaped claim they were tortured in order to elicit confessions of providing food and shelter to rebels when they were innocent of those charges.

Overall, an estimated 3,000 to 5,000 people have “disappeared” from Chechnya since 1999. Because many people don’t report the disappearance of relatives for fear of reprisals, arriving at solid figures is difficult because Chechens fear that other family members will be taken. Indeed, many who have sought justice frequently experienced retaliation and, in some cases, have been murdered. The Russian government has been uncooperative in providing resources to help families find the missing.

The Commissioner of Human Rights visited Chechnya in March of 2007. He publicly stated, “The disappearance of a human being is a tragedy, a gross violation of his/her rights. It is also a crime against humanity. This problem must be addressed by the authorities, in order to find the truth, punish the guilty, and preserve the health of society.” [Council of Europe, Initial Conclusions of the visit to the Chechen Republic, March 6, 2007.]

In the last twelve months, the European Court of Human Rights has issued eight rulings in which they found Russia to be responsible for executions, torture, disappearances, and failure to investigate reported crimes in Chechnya. The Court ruled that Russia has violated several articles of the European Convention on Human Rights, specifically Article 2 (right to life), Article 3, (prohibition of torture), Article 5 (right to liberty and security), Article 8 (right to respect for private and family life), Article 13 (right to an effective remedy), and Article 38 (furnish necessary facilities for the examination of the case). The Court has awarded plaintiffs with pecuniary and non pecuniary damages, as well as reimbursement of costs and expenses.

European Committee for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment (CPT) issued its third statement on March 13, 2007, calling on Russia to take action to stop the human rights violations in Chechnya. As the CPT works confidentially with governments of countries to stop violations, the three public statements regarding one country are unprecedented and representative of Russia’s lack of compliance.

The European Court of Human Rights has no authority to force Russia to comply with its rulings. Rather, Russia has sole discretion to follow through with awarding damages to the victims, investigating crimes, and informing families as to the fate of “disappeared” persons. Despite the positive move of the European Court to attempt to provide the victims of crimes in Chechnya with justice, the perpetrators are held unaccountable to date. Such impunity provides a forum for the abuses to continue, which ultimately undermines the social and political fabric of Chechnya and will continue to do so unless the international community applies significant pressure on Russia to take action and end the crimes against humanity.

For cases on this topic, please see: Chitayev and Chiteyev v. Russia. App. No. 59334/00; Baysayeva v. Russia. App. No. 74237/01; Musayev and others v. Russia. App. No. 57941/00, 58699/00, 60403/00; Magomadov and Magomadov v. Russia. App. No. 68004/01; Bitiyeva and X v. Russia. App. No. 57953/00 and 37392/03; Estamirov and Others v. Russia. App. No 60272/00; Imakayeva v. Russia. App. No. 7615/01; Luluyev and Others v. Russia. App. No 69480/01; Khashiyev and Akayeva v. Russia. Nos. 57942/00 and 57945/00; Isayeva v. Russia. App. No. 57950/00; Isayeva, Yusupova, and Bazayeva v. Russia. App. No. 57947/00, 57948/00, 57949/00; Bazorkina v. Russia. App. No 69481/01

Where is the Justice in the D.R. of Congo?

Mary Elizabeth Grant submitted the following article on the situation in the Democratic Republic of Congo. We thank her for her diligent work.

The Democratic Republic of Congo (DRC) has been the theatre for Africa’s world war and is the continent’s most underreported and arguably worst humanitarian crisis. Unlike Darfur, the international spotlight on Congo has been dim, presumably because there are very few Western interests in Congo, despite the fact that the country is rich in mineral resources such as diamonds, gold, copper, and coltan (used for chips in cell phones and laptops).

After Belgium gave Congo its independence in the 1960s, civil war raged until 1965 when Joseph Mobutu gained control with the help of the United States. The U.S. supported Mobutu because of his stance against the Soviet-supported Angola.

Violence continued in parts of Congo (then known as Zaire), and for the most part, Mobutu controlled the country. However, when the Cold War ended, the U.S. withdrew its support.

Civil war erupted again in 1997 when Laurent Kambila became president. While opponents of Kambila rebelled with support from Uganda and Rwanda, Kambila succeeded in receiving support from Angola, Nambia, and Zimbabwe.

Peace negotiations in 2002 led to the replacement of Zimbabwean, Rwandan, Ugandan, Nambian, and Angolan troops with United Nations troops. In fact, Congo currently has the largest UN force—17,000 troops—on hand with the goal of maintaining peace. However, the UN troops are largely ineffectual as they are intimidated not only by the brutality demonstrated by rebel militias but also by the fact that they are outnumbered in the eastern region of the country.

Much of the warfare in eastern Congo is a continuation of an ethnic conflict originating in Rwanda. Hutu leaders and soldiers, who participated in the 1994 Rwandan genocide, fled to Congo after the Rwandan Tutsis regained control of the government. Rwanda then invaded Congo’s eastern front on several occasions in order to track down the former Hutu leaders.

Battles continue between the FDLR (former Hutu soldiers) and a Congolese army led by General Laurent Nkunda, who claims that he wants to defend the Rwandan Tutsis. For instance, Nkunda has formally petitioned the government to protect the Tutsis so that those who have fled the country may return to Rwanda and live in safety.

Many hoped that the 2006 election of the first democratically-elected president in the DRC, Joseph Kabila, would bring peace. However, conflict and extreme violations of human rights nevertheless persist.

The last seven years of warfare have amounted to some staggering statistics: 4 million people have died from war-related starvation, disease, and injury; 72% of the population is undernourished; death comes to 20% of children under the age of 5; the average life expectancy is age 43; the average annual income per person is less than $250; over 800,000 people have fled their homes; 30,000 children have been forced to fight in the militia (those who refuse have been killed on the spot); girls are commonly kidnapped as sex slaves for the militia; and according to the BBC, 1,200 individuals die daily as a result of the conflict. Also, according to Kevin Watkins and the Human Development Report 2006, the Democratic Republic of Congo is ranked 167^th out of 177 countries on the Human Poverty Index.

Rape is widely used as a weapon of war in order to humiliate, degrade, and control not only the victims but also those associated with them. While the exact numbers are not yet known, estimates on the number of rapes in Congo far exceed the ballpark figure of the 50,000 rapes that occurred in Rwanda as a sort of genocide through “ethnic cleansing.” Children as young as age 2 have been raped and brutalized in Congo. Forty percent of rape victims have been held as sex slaves for at least several months on end. Thirty percent of rape victims, including men and boys, have been sexually tortured and mutilated. Their injuries are usually permanent, the least of which include constant incontinence. Another 30% of rape victims are infected with HIV/AIDS.

Moreover, violence and torture associated with rape in Congo is escalating to the point where victims are forcibly blinded, and their ears and lips are cut off so that they can not identify their attackers.

Justice is non existent. Rape, forced child labor, sex trading, sexual slavery, torture, dismemberment, murder, and cannibalism prevail so that citizens live in pervasive terror, and these victims have very little recourse. The Congo militia members are often perpetrators along with rogue and rebel militias roaming the countryside.

Corruption runs the judiciary, and perpetrators often escape punishment. Due to the fact that judges are paid on average only $100 a year, they are highly susceptible to bribery. According to the BBC’s Joseph Winter, in one incident, after bribing a judge, a client asked why he should pay his lawyer. The attorney responded, “… because the other party may have bribed the judge as well and so the case may just be decided on the law.”

So what are the solutions? How will Congo achieve peace when such a rampant and atrocious lack of respect for human life dominates the consciousness? For some ideas, check out the Enough Campaign. Here, you can sign a letter to the President, requesting that he take more decisive action.

Background on the Current Conflict and Potential Crisis in Myanmar

Mary Grant submitted the following update on the situation in Myanmar. We thank her for her diligent work.


Over the last few decades, the government of Myanmar has typically responded to peaceful demonstrations with violence, at times with dramatic results. In 1988, thousands of demonstrators were killed, and in 1989 thousands were arrested. To avoid similar human rights violations, the international community must apply pressure on Myanmar to implement a democratic response to the current demonstrations.

As of September 22, 2007 the Burmese monks, in an unprecedented move, denied spiritual service to all military personnel. Twenty thousand monks are leading the largest demonstrations in 20 years. Demonstrations have swelled to over 100,000 people over the past nine days. Protestors are calling for lower prices of basic commodities, improved health care and education, and better utility services.

But what has triggered the current protests, especially when the country has endured incredible oppression under the military junta’s rule for the last 40 years? In September, the government released a long awaited draft constitution that continues to ensure military control of the legislatures and ministries. The controlling military junta is regarded as one of the most “draconian regimes in the world” (Life Under Burma’s Military Regimes, BBC News, June 15, 2006).

Various international agencies, including the Red Cross, have accused the military junta of violating international humanitarian laws. Within Myanmar, the government is in the habit of eliminating all opposition by arresting and sentencing dissenters to lengthy jail terms, hard labor, or death. Citizens claim that everything they do is controlled. Media is heavily censored. Education is geared towards military propaganda. Citizens must ask the government for permission even if they want to have a guest stay overnight.

In 2006, the International Labor Organization sought to bring charges of forced labor against Myanmar in the International Court of Justice, accusing the military of kidnapping villagers, including children. The military allegedly forced those they kidnapped to serve as porters, to lead troops through fields in order to uncover land mines, and to work on construction projects. The United Nations Office on Drugs and Crime lists Myanmar in the top 45 countries of human trafficking originators, transit points, and final destinations.

The government has poured money into developing the military and building a new capital, but it has done little to improve the country’s standard of living. Consequently, the economy of the Burma has become one of the poorest and most corrupt in Asia. It has the fourth highest inflation level in the world (at 25%), and it is the second largest producer of opium. Their economic growth rate has slowed to 1.5%, and the annual GDP per capita is $1,600. Half of the children under the age of 5 are considered chronically malnourished. Additionally, an estimated 150,000 children under the age of 5 die every year from preventable diseases such as malaria and dysentery.

The economic crisis, which has been looming for years, intensified in 2006 when the military junta authorized increased salaries for all government workers. However, the government did not have the economic means with which to pay these salaries. The result has been a 30-60% increase in the prices of basic commodities.

When considering the economic and social climate, the current protests seem inevitable. The question is how to resolve the conflict. Myanmar has strong economic ties with China. Exports from China to Burma have risen 50% so far this year. As China wants positive international publicity (as it approaches the Beijing Olympics), the international community can apply pressure on China to exert its significant influence over Myanmar in order to initiate a democratic process and resolve the conflicts peacefully. For more ideas on how to resolve the emerging crisis in Myanmar, see the recent media release by the International Crisis Group. http://www.crisisgroup.org/home/index.cfm?id=5092&l=1