War in Chechnya

http /hrw .org /backgrounder /eca /chechnya0305 /3 .htm _Toc

Disappearances ' in Chechnya as a Crime against Humanity

An enforced disappearance takes place when a person is taken into custody by state agents , and the authorities subsequently deny that the victim is in their custody or conceal the victim 's whereabouts or fate in a way that places the victim beyond the protection of the law HYPERLINK "http /hrw .org /backgrounder /eca /chechnya0305 /3 .htm " \l "_ftn8 " 8 Often victims of disappearances ' also suffer torture or are summarily executed . Typically those responsible for

disappearances ' will try to avoid being called to account through cover-ups and by spreading misleading information about the facts

International law recognizes that a widespread or systematic pattern of enforced disappearances constitutes a crime against humanity - an act or series of acts that outrage the conscience of humankind . HYPERLINK "http /hrw .org /backgrounder /eca /chechnya0305 /3 .htm " \l "_ftn9 " 9 A human rights violation may be classified as a crime against humanity in the context of an armed conflict or in times of peace . In modern jurisprudence the elements of widespread or systematic ' include the scale of the crime , the existence of specific patterns as to the identity of the perpetrators and the victims , the authorities ' knowledge about the crime or obligation to have such knowledge , and the actions taken by the authorities in response to this knowledge

The available evidence shows that enforced disappearances in Chechnya are both widespread and systematic . According to government statistics at least 2 ,090 people have disappeared ' since the conflict started in 1999 human rights groups estimate the figure to be between three thousand and five thousand . HYPERLINK "http /hrw .org /backgrounder /eca /chechnya0305 /3 .htm " \l "_ftn10 " 10 As this briefing shows , the victims are always civilians or individuals who , when taken from their homes , checkpoints or other locations , are unarmed - they are hors de combat . They are predominantly men between eighteen and forty years old , although , after several Chechen female suicide bombers targeted civilians in Russia , women have also increasingly become victims of disappearances ' In two of the forty-three cases reflected in this briefing the victims were minors under eighteen years old

In the vast majority of cases , the perpetrators are unquestionably government agents - either federal forces or , as is increasingly the case , local Chechen security forces who are ultimately subordinate to the Russian federal Ministry of Internal Affairs or the Ministry of Defense . According to a Chechen official , 1 ,814 criminal investigations were opened into enforced disappearances , yet not a single one has resulted in a conviction . HYPERLINK "http /hrw .org /backgrounder /eca /chechnya0305 /3 .htm " \l "_ftn11 " 11 This demonstrates the Russian government 's awareness of the scale of the problem , even if it denies responsibility , and its utter lack of commitment to ending disappearances ' and holding their perpetrators accountable

Under principles of international law , when a pattern of enforced disappearances amounts to a crime against humanity , any state may prosecute their perpetrators regardless of their...