Secretary-General of the United Nations
High Commissioner for Human Rights of the United Nations
Human Rights Committee
United Nations Human Rights Committee
President of the European Council
Commissioner for Human Rights of European Union
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
European Court of Human Rights
Amnesty International
Human Rights Watch
European Human Rights Advocacy Centre
Ladies and Gentlemen,
After the terrorist attack that took place in France on October 16, 2020, the French authorities have stepped up work on the expulsion of foreigners from the country who are on the lists of the so-called "radicalisés" (became more radical) (This vague term itself has no legal definition, and can be interpreted arbitrarily by the authorities)
A number of Chechen people were also under threat of deportation, and they will be deported to Russia, the country from which they fled, saving their lives and freedom. All of these people have different stories and their litigation and administrative processes are at different stages. Most of them had the status of political refugees – which means that France recognized that they were in danger in Russia. Then this status was taken away from them, which allows the authorities to preserve the appearance of legality when these people are deported.
The first paragraph of the 14th article of the Universal Declaration of Human Rights states: Everyone has the right to seek and to enjoy in other countries asylum from persecution.
The deportation of Chechens from France to Russia, which a few years ago seemed simply impossible, in our opinion is a gross violation of this article.
Let us recall that such a gross violation of freedoms as political assassinations, including those involving the federal authorities, is flourishing in Russia.
Here are some well-known examples.A well-known journalist and human rights activist Anna Politkovskaya was killed in 2006 (Russia CEDH Application judgment no. 15086/07, decision of July 17, 2018), lawyer and human rights defender Stanislav Markelov and the journalist Anastassia Baburova in 2009, lawyer Sergei Magnitsky in 2009, for whom Russia was condemned by the ECHR (Applications nos. 32631 / 09and 53799/12, decision of August 27, 2019), the journalist, human rights activist and representative in Chechnya of the branch of the human rights organization “Memorial”, Natalia Estemirova was kidnapped and tortured to death in Chechnya in 2009.famous opposition politician Boris Nemtsov was shot dead in the center of Moscowin 2015.
Moreover, as in the days of the Soviet Union, the Russian secret services carry out this type of assassination even abroad; the politician, Zelimkhan Yandarbiev in Qatar in 2004, the former secret agent, Alexander Litvinenko in Great Britainin 2006, the former bodyguard Umar Israilov in Austria, in the year 2009, the commander Zelimkhan Khandogoshvili in Germany in 2019, the bloggers, Imran Aliyev, in France and Mamikhan Oumarov in Austria, in 2020…
The situation of the Chechen people is specific in Russia, and even within the Republic of Chechnya. Stigmatized and persecuted by the Russian authorities, they are currently undergoing a regime of terror with the Dictatorship of President Ramzan Kadyrov on their land, as it has been widely documented by reports from international and local non-governmental organizations and press articles. In this regard, the Russian Federation has been the subject of a multitude of condemnations by the ECHR.
Being returned to the Russian Federation Chechens have a very serious risk of being subjected to persecution.
In particular, if they were to be tried, not only in the Chechen Republic, but also throughout the territory of Russia. Indeed, the charges and the resulting penalties are also based on confessions extracted under torture. Such cases are sometimes examined by the ECHR. The last example is a complaint from the “Committee against Torture” in the interest of a resident of Chechnya, Abdul-Halim Abdulmezhidov, who in 2017 was tortured for 2 months. In this context, he confessed to everything he was accused of and was sentenced to more than 8 years in prison.
In Russian jails, prisoners, and Chechens in particular, serve prison terms under extremely difficult conditions, are often subjected to inhuman treatment and victims of torture. As an example, story of Zubayr Zubairayev, who in 2007 was sentenced to 5 years, and at the end of prison term he could not even get out of prison on his own feet - he became a bedridden invalid.In particular, warders nailed his feet to the floor and screwed framingnails under his kneecaps.
https://www.ekhokavkaza.com/a/24609873.html, and https://www.kavkaz-uzel.eu/articles/194464/
In Chechnyapublic filmed humiliations have become very common.Kidnappings and executions continue as sadly illustrated by the brutal execution of 27 previously abductedyoung peopleon the night of 26January, in1019.
https://www.newsru.com/russia/24jul2019/kadirov_kazni.html
In 2011, AptiNazhuev was rejected, he was deported to Russia and returned to Chechnya.In May 2013, he was declared missing by his family, and in June his body was found in the river with signs of torture.
https://www.kavkaz-uzel.eu/articles/279550/
https://en.nytid.no/torturert-og-drept-etter-a-ha-blitt-nektet-asyl-i-norge/
According to the French NGO "Comité de Tchétchénie", one of the Chechens recently deported from France to Russia, was forced by torture to admit guilt to everything that was demanded of him, he even refused a lawyer and will appear before the court in the country he left when he was a little boy.
One anther, Hasan Tamaev, deported the December 3th from Austria was kidnapped and reported missing in Chechnya.
Even if the Chechens that are under the deportation are guilty of committing some crimes, it is obvious that in Russia they cannot count on a fair competent trial, on humane treatment, on non-use of torture and degrading treatment.
Thus, the deportation of Chechens to Russia violates basic human rights (such as Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms ratified by France on May 3, 1974) and entails irreparable consequences.
For this reason, we appeal to the international community with a request to influence the authorities of the French Republic and prevent the continuation of the deportations of Chechens to Russia.
The Assembly of Chechens of Europe
Association Bart Marsho (France)
Human Rights Protection (France)
Association L'Union des Tchétchènes de la Côte d'Azur (France)