«New deal» of Magomedov?
The situation with human rights and efforts of society consolidation
in the Republic of Dagestan
March 2010 – March 2011
Summary of the Memorial Human Rights
Center report
on the situation with human rights
in the Republic of Dagestan
(March 2010 - March 2011)
Conflict history
Traditionally, population in the Republic of Dagestan (hereinafter
referred to as RD) adhered Sufism as a branch of Islam. They
accept secular power and are ready de facto considering religion
as the part of private life of people.
Since the end of the 20th century new religious movement
for the Caucasus, such as Salafism or fundamental (radical)
Islam began to spread extensively in the RD. Sometimes, Sufism
is called Wahhabism. They are in favor of the supremacy of
Islam norms in all spheres of public life; moreover, they
deny the existence of secular power. Tenses between representatives
of Sufism and Salafism exacerbates because the government
is not neutral arbitrator in this conflict, but it supports
one party of the conflict (Sufism). Police officers commit
crimes against adepts of fundamental Islam, this causes exasperation
of militants. As a result, they commit crimes against civilians
who adhere to Sufism.
This report contains the situation analysis of human rights
violations in the RD and the authorities’ attempts to achieve
the rule of law and consolidation of the society. The report
consists of various parts.
I. «New deal» of Magomedov
The main points of the political programme of Magomedov (new
President of the RD since 2010) are the following: modernization
of economy, change of the methods regarding the fight against
terrorism, rule of law. The main obstacles are: the high level
of corruption, undeveloped, subsidized economy, unemployment,
poverty, terrorism, instability in the region. New policy
is not supported and welcomed by both sides: armed militants
continue their activity, and state defense and law enforcement
agencies do not follow the rule of law and legal order.
II. Changes in personnel. Attempt of the elite consolidation
Changes in the composition of the Government of the RD did
not bring an efficient replacement of the political elite.
From 14 members who worked in the previous Government, only
6 representatives saved their posts. The tradition of ethnic
quotas was not breached by this appointment. According to
this tradition, three main posts should be appointed by representatives
of the three biggest ethnic groups.
III. Violation of human rights by armed militants
23 crimes of terroristic nature were registered since the
beginning of 2010 in the RD; the number of assaults of the
law enforcement agencies personnel is increased by 20%. As
a result of these actions, 221 people are injured since January
till the end of June, including 78 dead, 143 wounded, among
them are police officers, members of other security bodies
and civilians.
In 2009, Russian law enforcement agencies and the army lost
a lot of staff in the result of terrorist attacks and fight
against the militants (83 persons are killed, 110 are wounded).
In 2010, 159 were killed and 233 were wounded, consequently,
the number of casualty is increased twice. There were casualties
among civilians:
- On the beaches there were bomb explosions in the summer
of 2010.
- The victims of the militants are also hunters, foresters
and jaegers.
- During 2010, imams and other heads of Muslim Community were
attacked.
- Folk healers and fortune-teller are also victims of militants,
because according to them this activity is contrary to Islam.
- Militants interfere with the activity of businessmen, squeeze
money from them.
IV. Violation of human rights during «counterterrorism
operation»
Security agencies fight against illegal militants, having
breached international and national Russian law. Systematic
grave violation of human rights by Security agencies create
negative image of the state power. As a consequence, not only
the victims of illegal violence and their relatives but also
population of the RD considers the state as cruel, unjust
power. This enables spreading the extremist ideas and radicalization
of the youth.
Security agencies fought against militants, having violated
human rights, including:
4.1. Kidnappings and forced disappearance of people.
Illegal detention
The objects of these violations are people who adhere to
Salafism (fundamental Islam). They are suspected of aiding
and abetting for militants. Frequently victims are ordinary
civilians, who do not adhere to Salafism. Investigation of
these grave violations is not efficient.
4.2. Tortures. Human rights violation during special-forces
raids
Tortures are applied both in official organizations and in
illegal places of detention, i.e. secret jails. In places
of preliminary detention tortures are used for getting «confessionary
statements» in committing crimes. In most cases, after kidnapping,
when relatives do not know the location of the kidnapped and
cannot provide him/her an independent lawyer, the detainee
is tortured. Furthermore, in a few days, the person becomes
“legally detained”. It is done by: acknowledgment of guilt,
or having staged repeated, already official detention, or
they form official detention with retroactive effect. If,
having the access to legal protection, the detainee rejects
from the confession, he/she can be tortured again in order
to “prove” his/her “guilt”.
Tortures are applied in order to get information. In this
regard, the victims of tortures are relatives or friends of
militants; people who are, according to the security agencies
«Wahabitte». During special-forces raids security agents endanger
the life of others, including women and children. Many times
civilians were used as «human shield» which is forbidden by
international humanitarian law.
4.3. Extrajudicial executions. Passivity of investigating
authority
As per the “modern trend”, during special-forces raids, security
agents prefer to eliminate suspects immediately. Detention
of suspect, collecting the evidence of guilt takes a lot of
efforts and professionalism of examining officials. To eliminate
a suspect is the easiest way for security agencies.
When fighting against terrorism, the state makes equal terrorism
and fundamental Islam. Since to sentence a person for adherence
to fundamental Islam is problematic because of freedom of
religion which is enshrined in the Constitution, security
agencies chose to eliminate them.
It is very difficult to prove that instead of detention the
security agencies implemented extrajudicial executions because
the witnesses are afraid to give testimonies.
4.4. Falsification of evidence during of criminal
cases investigation
Broad applicability of falsification of evidence in relation
to both crimes (terrorist and other character) is connected
with lack of professionalism of the examining officials. The
standard way of falsification is the following: security agencies
choose a person, who will be a suspect of committing a crime.
He/she is detained or kidnapped. He/she is tortured in order
to get “acknowledgment of the guilt”. First of all, he/she
is deprived of legal assistance. If the person is provided
with a lawyer, this lawyer does not write claims against torture,
does not demand medical assistance for the detainee or medical
examination of his/her health. During the first days of detention,
the relatives do not know the location of detainee, that is
why they cannot hire another lawyer. In any case, the lawyer
has no access to the detainee before he/she signes “needful
for security agencies” testimony.
In case of kidnapping, the documents of the suspect are filled
is retroactively. After that, he/she is ready to recognize
his/her “guilt” and is located to a pre-trial detention center.
This “guilt acknowledgment” becomes to be the only evidence
of guilt in the court. This practice of falsification of evidence
is not only criminal, but also dangerous, because real criminals
are still not found and not punished.
V. Other problems
- Abused discretion of police officers, which is applicable
not only to terrorists, but also to other criminals;
- Bashing of advocates;
- Hate crimes based on religion;
- Violation of citizens’ rights laid down in the Constitution
depending on their beliefs;
- Violation of the principle of non-interference of the state
in the religion related issues;
- Support by the power only one religious Muslim movement;
- The low level of religious education of the population;
- Poor socio-economic status of the youth;
- Unemployment;
- Passivity of the corrupted authorities.
In the conclusion it should be mentioned that despite the
attempts of the authority to improve the situation with human
rights in the RD, this problem is still not solved. The main
obstacles for improving this situation are the following:
lack of coordination between security agencies and executive
branch of power; inability of the Government to supervise
the activity of law enforcements bodies, impunity of security
agents, and the lack of the rule of law.
See also:
Human
Rights
Situation
in the Northern Caucasus
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