Algeria
30.03.01
Events
OMCT intervenes at the CHR on Chechnya, Algeria, Sierra Leone and Mexico (item 9)
- Event Date: 30.03.01
- Event Time: 00:00:00
INTERVENTION BY THE
WORLD ORGANISATION AGAINST TORTURE (OMCT)
57TH COMMISSION ON HUMAN RIGHTS – March 2001
Item 9
Mr. President,
At its 56th session, in its resolution 2000/58 on the "Situation in the Republic of Chechnya of the Russian Federation", the Commission on Human Rights called on Russia to urgently create a national commission of independent inquiry to investigate alleged violations of human rights and humanitarian law and to identify those responsible and to bring them to trial. In her approach to the human rights situation in Chechnya, the High Commissioner for Human Rights stressed "the importance of credible response from the Russian authorities commensurate with the scale of the allegations of serious human rights abuses."
So far, the response from the Russian authorities has been totally inadequate. On 24 February a mass grave was discovered not far from the Khankala military base, the Russian headquarters in Chechnya, to the south west of Grozny. According to medico-legal experts, the majority of the bodies found with their hands tied had been summarily executed. This is one of many mass graves that have been unearthed over the past seven months. Although inquiries have been opened in some cases, they get severely disrupted and it is feared that the conclusions will leave much to be desired. On 27 February 2001 the trial of Iouri Budanov, former commander of the 160th tank regiment opened before the military tribunal of Rostov-on-the-Don. Iouri Budanov was arrested and charged with the rape and murder of Kheda Kungaeva, an 18-year-old Chechen girl. In the meantime, the charge of rape has been abandoned. This is the first time that a senior member of the army has been accused of such a serious offence since the beginning of the Russian intervention in Chechnya on 1 October 1999. The families of victims encounter the same passiveness on the part of the Russian authorities in the investigation of disappearances.
In the above-mentioned resolution, the Commission also urged the government of the Russian Federation to co-operate with the special mechanisms of the Commission. So far, none of these have been able to visit the North Caucasus region of the Russian Federation.
In view of the persistence of serious violations of human rights and humanitarian law, it is imperative that the Commission on Human Rights vigorously condemns the crimes committed mainly by the Russian intervention troops and the impunity that they enjoy. The World Organisation Against Torture (OMCT) demands the creation of an international commission of enquiry so as throw light on the abuses committed in Chechnya, and on those responsible for them.
Mr. President,
Although the political violence in Algeria appears to have abated in recent years - the number of disappearances, arbitrary arrests and cases of torture has indeed decreased – nevertheless, recent assassinations and massacres of civilians, members of the security forces, State-armed militia and armed groups show that it still persists. Another permanent feature is the impunity surrounding the serious violations of human rights that have occurred since 1992.
In a recent report , OMCT drew attention to the various legal and procedural hurdles that the families of disappeared persons encounter in their efforts to obtain independent and impartial information. In addition to the prohibitive nature of the deposit the civil party has to provide as a guarantee to be able to sue in the case of a forced disappearance, the legal problems that wives of disappeared persons encounter and the repression that the families of disappeared persons are subjected to, they are also confronted by the lack of transparency on the part of the Algerian authorities. Furthermore, this lack of transparency is enhanced by the “civil concord” law, which grants impunity to members of armed groups in addition to that which the security services, the army and paramilitary groups already enjoy.
Hence, OMCT calls on Algeria, which is a member of this Commission, to put into practice its stated intention to cooperate with the relevant mechanisms of the Commission on Human Rights – of which the Working Group on forced or involuntary disappearances is still awaiting a response to its letter of 25 August 2000 – so that a visit can be made to the country. Furthermore, Algeria must also apply the recommendations of the Human Rights Committee and the Committee Against Torture, which have requested the conduct of independent and impartial inquiries in order to bring the guilty parties to justice.
Mr. President
The recruitment and use of children as soldiers has been one of the most heinous features of the conflict in Sierra Leone. Thousands of children have been recruited, often forcibly, by the Revolutionary United Front (RUF), the Armed Forces Revolutionary Council (AFRC) and other groups, subjected to torture and inhumane treatment and involved in the gravest atrocities. The Sierra Leonean Army and groups aligned with it have in the past also recruited children in violation of both international and domestic law.
OMCT welcomes the initiative of the Security Council of establishing an independent special court for Sierra Leone. It considers that such a court could help to break the cycle of impunity in Sierra Leone. However, OMCT regrets that the court’s mandate is limited to crimes committed since November 1996 and does not extend back to the beginning of the conflict in March 1991.
Mr. President,
In its intervention before this Commission, the Minister of Foreign Affairs of Mexico spoke on behalf of a “new Mexico”, lead by a government for which “the fundamental rights of individuals are a matter of priority.” It is a positive sign, no doubt, that the Mexican authorities have stated their intention to align national laws on international human rights instruments, and to investigate all human rights violations. However, this will must now be translated into action.
OMCT has frequently expressed its grave concern about the deficiencies of the administration of justice, resulting in impunity for torture, forced disappearances and extra judicial executions, and the lack of respect for the rights of victims and that of their families to receive compensation. The situation of indigenous populations and the serious abuses to which they are subjected have frequently been stigmatised.
The signing of a Co-operation Framework Agreement with the High Commissioner on Human Rights on 2 December 2000 is only the first stage in a process that should lead to the implementation both de facto and de jure of the recommendations with regard to human rights made to Mexico by the human rights treaty monitoring bodies and special mechanisms of the Commission.
Thank you Mr. President
Anne-Laurence Lacroix
WORLD ORGANISATION AGAINST TORTURE (OMCT)
57TH COMMISSION ON HUMAN RIGHTS – March 2001
Item 9
Mr. President,
At its 56th session, in its resolution 2000/58 on the "Situation in the Republic of Chechnya of the Russian Federation", the Commission on Human Rights called on Russia to urgently create a national commission of independent inquiry to investigate alleged violations of human rights and humanitarian law and to identify those responsible and to bring them to trial. In her approach to the human rights situation in Chechnya, the High Commissioner for Human Rights stressed "the importance of credible response from the Russian authorities commensurate with the scale of the allegations of serious human rights abuses."
So far, the response from the Russian authorities has been totally inadequate. On 24 February a mass grave was discovered not far from the Khankala military base, the Russian headquarters in Chechnya, to the south west of Grozny. According to medico-legal experts, the majority of the bodies found with their hands tied had been summarily executed. This is one of many mass graves that have been unearthed over the past seven months. Although inquiries have been opened in some cases, they get severely disrupted and it is feared that the conclusions will leave much to be desired. On 27 February 2001 the trial of Iouri Budanov, former commander of the 160th tank regiment opened before the military tribunal of Rostov-on-the-Don. Iouri Budanov was arrested and charged with the rape and murder of Kheda Kungaeva, an 18-year-old Chechen girl. In the meantime, the charge of rape has been abandoned. This is the first time that a senior member of the army has been accused of such a serious offence since the beginning of the Russian intervention in Chechnya on 1 October 1999. The families of victims encounter the same passiveness on the part of the Russian authorities in the investigation of disappearances.
In the above-mentioned resolution, the Commission also urged the government of the Russian Federation to co-operate with the special mechanisms of the Commission. So far, none of these have been able to visit the North Caucasus region of the Russian Federation.
In view of the persistence of serious violations of human rights and humanitarian law, it is imperative that the Commission on Human Rights vigorously condemns the crimes committed mainly by the Russian intervention troops and the impunity that they enjoy. The World Organisation Against Torture (OMCT) demands the creation of an international commission of enquiry so as throw light on the abuses committed in Chechnya, and on those responsible for them.
Mr. President,
Although the political violence in Algeria appears to have abated in recent years - the number of disappearances, arbitrary arrests and cases of torture has indeed decreased – nevertheless, recent assassinations and massacres of civilians, members of the security forces, State-armed militia and armed groups show that it still persists. Another permanent feature is the impunity surrounding the serious violations of human rights that have occurred since 1992.
In a recent report , OMCT drew attention to the various legal and procedural hurdles that the families of disappeared persons encounter in their efforts to obtain independent and impartial information. In addition to the prohibitive nature of the deposit the civil party has to provide as a guarantee to be able to sue in the case of a forced disappearance, the legal problems that wives of disappeared persons encounter and the repression that the families of disappeared persons are subjected to, they are also confronted by the lack of transparency on the part of the Algerian authorities. Furthermore, this lack of transparency is enhanced by the “civil concord” law, which grants impunity to members of armed groups in addition to that which the security services, the army and paramilitary groups already enjoy.
Hence, OMCT calls on Algeria, which is a member of this Commission, to put into practice its stated intention to cooperate with the relevant mechanisms of the Commission on Human Rights – of which the Working Group on forced or involuntary disappearances is still awaiting a response to its letter of 25 August 2000 – so that a visit can be made to the country. Furthermore, Algeria must also apply the recommendations of the Human Rights Committee and the Committee Against Torture, which have requested the conduct of independent and impartial inquiries in order to bring the guilty parties to justice.
Mr. President
The recruitment and use of children as soldiers has been one of the most heinous features of the conflict in Sierra Leone. Thousands of children have been recruited, often forcibly, by the Revolutionary United Front (RUF), the Armed Forces Revolutionary Council (AFRC) and other groups, subjected to torture and inhumane treatment and involved in the gravest atrocities. The Sierra Leonean Army and groups aligned with it have in the past also recruited children in violation of both international and domestic law.
OMCT welcomes the initiative of the Security Council of establishing an independent special court for Sierra Leone. It considers that such a court could help to break the cycle of impunity in Sierra Leone. However, OMCT regrets that the court’s mandate is limited to crimes committed since November 1996 and does not extend back to the beginning of the conflict in March 1991.
Mr. President,
In its intervention before this Commission, the Minister of Foreign Affairs of Mexico spoke on behalf of a “new Mexico”, lead by a government for which “the fundamental rights of individuals are a matter of priority.” It is a positive sign, no doubt, that the Mexican authorities have stated their intention to align national laws on international human rights instruments, and to investigate all human rights violations. However, this will must now be translated into action.
OMCT has frequently expressed its grave concern about the deficiencies of the administration of justice, resulting in impunity for torture, forced disappearances and extra judicial executions, and the lack of respect for the rights of victims and that of their families to receive compensation. The situation of indigenous populations and the serious abuses to which they are subjected have frequently been stigmatised.
The signing of a Co-operation Framework Agreement with the High Commissioner on Human Rights on 2 December 2000 is only the first stage in a process that should lead to the implementation both de facto and de jure of the recommendations with regard to human rights made to Mexico by the human rights treaty monitoring bodies and special mechanisms of the Commission.
Thank you Mr. President
Anne-Laurence Lacroix