Olga Cherepova
Ethnic
discrimination and discrimination
on the basis of place of residence
in the Moscow region
A
report submitted by the Memorial Human Rights Center
According
to the obligations assumed under the Universal Declaration of Human
Rights, the International Covenant on Civil and Political Rights and the
European Convention on Protection of Human Rights and Fundamental
Freedoms, the Russian Federation guarantees protection against all forms
of discrimination on its territory. The Constitution of the Russian
Federation also contains guarantees against discrimination and affirms
the “equality of human and civil rights and freedoms of a citizen without
regard to sex, race, nationality, language, origin, property or official
status, place of residence, attitude to religion, persuasions, affiliation
with social organizations or other circumstances”. According to the
Constitution, “any forms of restriction of civil rights on the basis of
social, racial, national, language or religious affiliation are
prohibited” (Constitution of the Russian Federation, Art. 19).
The
Bishkek agreement of October 9, 1992 guarantees in Article 1 the right of free
entry, departure and movement within the territory of all countries of the
Commonwealth of Independent States to citizens of every state of the Commonwealth.
In
spite of the obligations assumed under the documents mentioned above and other
documents concerning human rights, Russian authorities nonetheless introduce
laws that limit freedom of movement (either in the form of “propiskas” or,
after 1991, registration obtained only with official permission) at both the
federal and regional level.
The
law enforcement bodies provide the primary support for the anti-constitutional
system that has been established in many regions (Moscow, Krasnodar and
Stavropol Krais, among others) to counter those in violation of this regime:
migrants, mainly “non-Slavic” people originating from the Caucasus, Central
Asia etc. The Moscow authorities establish normative acts that restrict the
rights of the newly arrived, rendering them unprotected and vulnerable and
promote practices of racial terror aimed at forcing migrants out of the
capital; they explain their actions publicly by stating that they are looking
out for the interests, security and social privileges of Muscovites.
Deliberately
false information is released - that only 87% of known crimes in Moscow are
committed by Russian citizens, and that only 76% of them are committed by
inhabitants of Moscow and the Moscow Region. Moscow authorities widely use the
local mass media to spread xenophobia and “Caucasophobia” among Muscovites.
Popular Moscow newspapers readily represent visitors, in particular those from
the North Caucasus, Trans-Caucasus and Central Asia, as superfluous, as people
known to be dangerous and belonging to “criminal nationalities” who only
disturb the lives of Muscovites. The papers are full of expressive headlines
such as: “A criminal of Caucasian appearance” (“Moskovskiy Komsomolets”); “Why
do we dislike them?” (“MK”); “Caucasians cannot hide behind Russian backs”
(about a round up at a market, “MK”); “Persons of bandit nationality”
(“Argumenty i Fakty”); “Moscow should again become Russian” (“MK”); “The second
advent of Tatars” (“Vechernyaya Moskva”); “The second advent of Chechens”
(“AiF”); “Native inhabitants will be minority soon” (“AiF”). “VM” has published
statistical data like: “There are about 1 million unregistered visitors in
Moscow, in addition to the registered ones”. The press ignores the substantial
labor contribution of these same Caucasian to Moscow construction and only
remarks on their presence at Moscow markets: “They come to give short weight
and to swindle”. No wonder then, that when “MK” drew up a poll asking “Is
Moscow for Muscovites?”, a large portion of respondents answered yes.
Problems
of Refugees: formal status, social securuty, education, employment
Among
the largest groups of migrants living in Moscow are refugees dating from the
late 80s-early 90s from the regions of armed conflicts in post-Soviet
territory. The real number of refugees in Moscow is unknown because most of
those who have appealed to the Moscow migration bodies receive verbal,
unregistered refusals. By the beginning of 1999, about 14,000 refugees and
forced migrants had been registered in Moscow. The percentage of recognized
refugees in Moscow is lower than the percent in Russia as a whole. Although in
1992-1993 refugee status was being granted to victims of ethnic conflicts, in
1994 refugees from Abkhazia were refused this status. In 1995-1996 Moscow
nearly stopped granting this status to migrants to prevent an inflow of
refugees from Chechnya.
As
a result, refugees from another “hot point” - Tajikistan - were placed in very
difficult circumstances. Very few of them have received refugee status.
Attempts to solve the status problem failed even after the abolition of Order
#121 of the Moscow Government of March 14, 1996, which had contradicted the Law
“On forced migrants”. As far as refugees from third countries are concerned,
their applications for status are usually dismissed without consideration by
the Moscow Migration Service.
The
problem of staying in the capital and obtaining legal status is closely related
to the registration of migrants by the internal affairs organs. There are
fundamental differences between federal laws and Moscow normative acts in this
field. The restrictive norms on both the period of temporary registration of
citizens of the Russian Federation and on the minimal living space contained in
the rules of registration in the Russian Federation (Government Decision #713
of 07/17/1995) and all consequent and analogous regional limitations were
acknowledged as unconstitutional by the Constitutional Court Decision of
02/02/1998. As of May 21, 1999, new registration regulations for Russian
citizens have been in force in Moscow. The head of the Passport Office of the
Main Internal Affairs Directorate, Mr. M. Serov, announced that registration in
Moscow was no longer to be a request for permission to stay, but of an advisory
nature. Nevertheless, the mechanism of registration of citizens who have come
to Moscow for longer than three days remains very complicated, cumbersome and
humiliating. It provides officials manifold opportunities to commit abuses.
Therefore,
most refugees and forced migrants who live in Moscow with friends or relatives
or who rent apartments are unable to receive either the appropriate status or
temporary or permanent registration. Authorities consider them to be persons
staying in Moscow illegally - as illegal migrants and violators of registration
regulations.
Representatives
of the peoples of the North Caucasus and Trans-Caucasus, especially Chechens,
who apply for registration often receive unfounded refusals. Sometimes they are
told in passport offices: we do not register Chechens. When dealing with these
people, militia officials often speak in terms that offend their national
dignity.
From
appeals to the “Civic Assistance” Committee:
Mrs.
Z.S. Ayskhanova, an inhabitant of Chechnya, a widow and mother of five
children, was not allowed to extend her registration in the town of Korolyov,
Moscow Region on the basis of her being Chechen. Officials of the “Civic
Assistance” Committee appealed to Mrs. N.V. Novichkova, the Head of the
Passport Office of the Central Internal Affairs Department of Korolyov for
clarification. Mrs. Novichkova answered that she had recently received a
reprimand for registering a Chechen for a six-month period.
Mrs.
R.Sh. Azieva received a Moscow registration certificate at the Internal Affairs
Department of “North Tushino” that had a large inscription on it stating
“Chechen”.
Mrs.
M. Torshkhoeva, an inhabitant of Grozny, was advised to register for a fee, as
a foreign citizen.
A
refugee from Chechnya, Mrs. Z.I. Visengeraeva, and her family were registered
for a period of only one month even though she had requested a longer term and
had the consent of the owner of her apartment.
Refugees
from Chechnya, the Sadulaevs, who have 4 children (one of whom is under
permanent observation at the Moscow Oncological Center) were refused
registration for a one-year period. This refusal occurred after the Russian
Constitutional Court Decision of February 2, 1998. After an inquiry placed by
Duma deputy Mr. V. Igrunov, they were registered by the Internal Affairs Department
“Ryazansky” of the South-East Administrative District.
Some
houses and communal services demand from temporarily registered citizens
payment in advance for the entire registration period, which is illegal. For
example: Mrs. B.V. Votsaeva received a bill of 447 rubles and 84 kopeks for a
three-month period in advance from “Perovo” Housing Services. Mrs. Votsaeva,
whose husband is missing, is bringing up three children.
If
a refugee living in Moscow without status loses his or her passport, there is
little chance of it being restored. It is very difficult for teenagers to get
their passports when they reach 14.
From
appeals to “Civic Assistance”:
Mrs.
Zura Bersanova, a citizen of the Russian Federation, is originally from the
Gudermes District. She lives at her brother’s Moscow home. She is permanently
registered in Chechnya. Her passport has been lost. She appealed to the militia
for a new passport, but was told that they do not issue new passports to
refugees from Chechnya. She received only a “Form 9" (temporary identity
card). She is often detained by militia for two to four hours because of her
lack of passport.
Mrs.
L.M. Sardaryan and her daughter are refugees from Chechnya. They live
unregistered in Mytishchi. Her daughter studies at a technical school in Moscow
and cannot receive either a passport or a temporary identity card because of
the lack of temporary registration.
Article
43 of the Constitution of the Russian Federation guarantees free secondary and
secondary professional education for all. In September 1998, the General
Prosecutor’s Office made the ruling that the Moscow Education Committee, which
deprived children whose parents had no registration of the right to go to
school, was in contravention of the Russian Constitution and the law “On
Education”. Nevertheless, in 1999, the “Civic Assistance” Committee continues
to receive complaints that schools refuse to admit children of refugees and
forced migrants because their parents are unregistered.
From
appeals to the “Civic Assistance” Committee:
The
son of Mrs. A.N. Nedid - a refugee from Baku - named Evgeny, who was born in
1988 and is living with his parents in the “Nasledie” hotel, was not admitted
to a neighboring school because he was not permanently registered in Moscow.
After an appeal to the Moscow Prosecutor’s Office by State Duma Deputy Mr.
Igrunov, he was admitted to School #277.
Two
grandchildren of Mrs. G.M. Sanikidze - a refugee from Abkhazia - named Karina
and Garri Meneshchyan, were barred from lessons by the Director of School #998
because they have neither registration nor medical insurance. After an appeal
to the Moscow Prosecutor’s Office by Deputy Mr. Igrunov, the children were
allowed to attend lessons.
The
children of Mrs. E.S. Sakhrudinova, a refugee from Chechnya - Tamila, born in
1984, and Akhmed, born in 1986 - and of Mrs K.R. Yashurkaeva, a refugee -
Rustam, born in 1983, and Linda, born in 1988 - were not admitted to school
because of their mothers’ lack of registration.
Refusal
to grant migrants refugee status and registration also affects the provision of
medical and pension services. According to the Law on Health Protection,
medical aid must be provided to everyone free of charge. In practice, there are
examples of aid being refused to sick persons with neither registration nor
insurance. To obtain a pension at the place of temporary registration, official
refugee or forced migrant status is needed. To obtain a children’s allowance,
temporary registration, at least, is required.
In
Moscow and Moscow Region, employment is regulated by the Registration
Regulations (Decision #1030-43). According to Article 13 of the Regulations,
employers who engage citizens who have no registration are subject to large
fines. This article contravenes Article 16 of the Labor Code, which forbids the
restriction of the labor rights of citizens based on circumstances (including
place of residence) unrelated to their professional qualities.
Migrants
with neither status nor citizenship are regarded as foreigners who came to
Russia voluntarily. The procedures for such individuals to obtain permission to
work is so complicated that most migrants work illegally. Labor migrants are
even less protected by the law than forced migrants, so they end up accepting
any job available, even under very unprofitable, sometimes virtual slave-like
conditions.
The
“Tajikistan” Regional Public Foundation for Assistance to Refugees and Forced
Migrants has records of approximately 100 Tajik construction workers who had
been working for private and state firms who were cheated by their employers.
They either did not get any remuneration at all or received only part of the
promised sum.
Labor
migrants from the civil-war ravaged Tajikistan live in exceptional poverty in
Moscow. They have money neither for lodging nor for registration and often live
in places that are not intended for habitation; unable to pay the required
fees, they are relentlessly pursued by the police. In 1998, officials of the
“Civic Assistance” Committee daily distributed to hundreds of unregistered
Tajiks written “safeguards”, that is appeals to “those concerned” “not to
impede” the bearer. Of course, militia officers find it easy to ignore the
appeals of a nongovernmental organization and Tajiks continue to be arrested in
Moscow for lack of registration and for acquiring false registration
certificates. Militia officers often secretly plant drugs in their pockets
while detaining them and then imprison them. After that, it has happened that
relatives have received telegrams asking them to collect a detainee’s body.
According to the official version in such cases, these deaths are the result of
suicide.
Mr.
Mavzud Aliev, born in 1967 and a father of five children, came to Moscow
to make a life for himself. He was detained on January 6, 1998 for a
passport check. He was taken to the 6th Militia Office. On January 9, he
was imprisoned and moved to Detention Center #2 of the Main Office of
Internal Affairs. A case was brought against him for falsification of a
certificate making a claim for refugee status. On January 17, a telegram
was sent to his parents asking them to retrieve his body. To a deputy’s
inquiry authorities answered that they were examining the version of a suicide.
The
President of the “Tajikistan” Public Foundation Gavar Juraeva attests that
murders and disappearances of Tajiks in Moscow became more frequent after 1996.
Tajiks are often the victims of attacks by Moscow neo-Nazis and unknown persons
in the streets and markets, which sometimes result in death.
An
official note of the Embassy of the Republic of Tajikistan to the Foreign
Ministry of the Russian Federation, #138/06 of February 5, 1999, states:
“According to our information, more that 3,400 citizens of Tajikistan are
imprisoned in Russian detention centers. The Embassy receives numerous
complaints from Tajik citizens stating that false charges are brought against
them, that they are illegally imprisoned and that militia officers exceed their
authority and commit physical violence against them ...”
A
particularly severe period for the Tajik refugees was during the war in
Tajikistan. In 1992-1993 many of the arrested refugees in Moscow were deported.
At the Dushanbe airport they were gathered together in a special area with the
aim of identifying from their pronunciation inhabitants of Garm and Pamir; they
were then separated out from the group and shot not far from the airport.
(In
this section, materials from “Memorial” Human Rights Center, the “Civic
Assistance” Committee, “Memorial” Ingush Society, “Consolidation” Interregional
Public Movement for Human Rights Protection, “Moscow Alternative” Public Group
and the press are used.)
During
her visit to Moscow in 1999, the UN High Commissioner for Human Rights presented
to Moscow Mayor Yury Luzhkov statistics on human rights violations by the
Moscow militia. She mentioned in particular the illegal entry of militia into
apartments occupied by persons of “Caucasian nationality”, referring to
information provided by “Human Rights Watch/Helsinki”. The Mayor called the
information a “lie”. He was even more indignant at the U.S. State Department
Report published in 1999 on violations of human rights in 194 countries, in
which Moscow is mentioned in the context of violations related to registration
procedures, deportation of persons who originated from the Caucasus in 1996 and
persecution of refugees. The Press Center of the Mayor’s Office declared that
the report is untrustworthy because it contains references to anonymous human
rights groups and “mythological documents” rather than to specific sources of
information. Any criticism of the Moscow authorities is rejected, especially if
it concerns the unfavorable human rights situation in Moscow.
The
negative attitude of the Mayor to the work of the “Moscow Alternative” Public
Group and its phone service “Hot Line” is well known. Many of Muscovites’ main
criticisms, in phone calls registered since June 1999, are directed against
Moscow militia detachments, especially the State Inspection of Road Traffic
Safety, the municipal militia and registration offices and departments.
At
any time in the streets of Moscow, in the metro, and in the markets it is
possible to see the illegal actions of the militia directed primarily against people
of “non-Slavic” appearance, who constantly undergo checks of their documents
confirming the legality of their sojourn in Moscow. If they cannot show such
documents, or often even when they can, they are taken to the Militia Office.
On the way to the office the militia browbeat and insult the detainees, and
quite often beat them as well. The usual purpose of these actions is extortion.
The newcomers have for a long time been a stable source of easy income for
Moscow militia.
Militia
officers often illegally confiscate the passports of Moscow newcomers to
pressure them to pay a fine or simply to obtain a bribe. This illegal practice
has serious consequences: the confiscated passports often disappear without a
trace, and the lack of a passport makes it impossible to register, find a job
or leave Moscow; people without passports are often imprisoned in special
detention centers for persons without definite place of residence. The militia
officers openly seize passports in front of those around them. The “Civic
Assistance” Committee receives many complaints about the actions of the militia
officers working in the vicinity of the Kievsky station and the neighboring
market. For example, in this region May 1998, the passports of the following
citizens of Tajikistan were taken away and not returned:
Mr.
Murtazaev, Umarkhojon Ubaidulloevich, born in 1964; Mr. Olimov, Nosir, born in
1972; Mr. Zoirov, Khabilo; Mr. Azimuradov, Ulmed Mamedovich, born in 1940.
Mr.
M.A. Abdusalimov, born in 1973, came to the Moscow Region to look for work. He
is living in unused office space at a construction site. The officers of the
Mytishchi 1st Militia Office decided to fine him for not being registered and
confiscated his passport until the fine was paid.
Mr.
S.M. Portugalyan, born in 1958. In September 1998, he was fined for lack of
registration. As he was unable to pay the fine, militia officers of the Ruza
District of Moscow Region confiscated his military certificate. His passport
had already been confiscated by officers of the Odintsovo Militia Office.
Majun
Boymamadov, a citizen of Tajikistan. In June 1998 his passport was confiscated
by officers of the “Konkovo” Internal Affairs Office.
Tokhir
Pulotov, a citizen of Tajikistan, 35, a loader at Cherkizovsky market. On May
25, 1998 his passport was confiscated by officers of the 16th Militia Office.
Documents
often “disappear” at militia offices. In response to deputies’ inquiries and
appeals by “Civic Assistance”, officials usually deny that documents have been
confiscated.
If
a person originating from the Caucasus has obtained registration in Moscow, a
peaceful existence living in rented accommodation or at the home of relatives
or friends is not guaranteed. Registration ensures his being permanently in
sight of the militia and at any time of day or night an “operative group” can
come to his residence and demand that they be allowed to enter. Neither Russian
citizenship nor Moscow registration nor a permanent long-term job in Moscow can
protect people from such invasions if there is information at the passport
office that this Moscow inhabitant is a Chechen. An “operative group” (usually
men in civilian clothes) having entered the apartment behave rudely, frighten
and often beat the inhabitants, and sometimes plant illegal items for the
purpose of extortion or laying charges. For example, on April 29, 1999, Mr. Kh.
Makhmaev and his wife Mrs. E. Jabrailova were illegally arrested and beaten.
Mrs. Jabrailova describes the events as follows:
“About
7 p.m. somebody rang the door of the apartment where I live with my husband. I
went to the door and asked: ”Who is there?". A man answered, saying he was
a neighbor. As soon as I opened the door, I was struck in the face, near my
chin, by a metal object. Then I was struck against a wall, thrown onto a back
of a bed and then almost immediately shoved into the bathroom, and again my
head was struck against a wall.
When
I came to my senses, the light in the bathroom was off, in the other room the
T.V. set was blaring and I could hear moans and the sound of blows. My husband
was being beaten in the room. I managed to get out of the bathroom and the
apartment and ran into the street and began to cry “Help! Militia!”. I was
overtaken by two of the men who had beaten us; they seized me, twisted my hands
behind my back, covered my face with one of their hands and pulled me by my
hair up to the fourth floor (we live on the second floor).
In
the apartment, these men handcuffed me and my husband and, covering our mouths,
dragged us downstairs into a car.
In
the car my head was wrapped up in a jean jacket. I was suffocating and asked
them to take it off, but they answered: “Doesn’t matter, you’re not going to
die”. The whole time they were cursing obscenely. The car did not move for
about an hour. We could hear a conversation, with someone saying over a radio:
“...if she twitches, kill her”. The men sitting in the car said to one to
another: “He is paid for, but how much will relatives pay for her, do you
think?” The other answered: “It depends on what she is.”
Then
the car started to move, but I didn’t know where we were going because I was
blindfolded. When we arrived, they took off the handcuffs, saying they were
needed for someone else, and moved me to the car where my husband was. After
about an hour, they brought our acquaintance Said. My husband was moved to
another car and Said was pushed into the trunk. From the car where my husband
was they asked over the radio what to do with me. One of them cried: “I’ll marry
her right now”. Then they wanted to drop me off, in an unknown place, in the
middle of the night. Later they left me near my place.
In
two or three days, Mr. Shikin, a detective with the Zelenograd Internal
Affairs Department, called me and asked about the fate of my husband. Mr.
Shikin knows my husband because he was previously at our place during a
search. Before Shikin called, a man called and told me that my husband
was at the 5th Section of the South District Department of the Regional
Organized Crime Directorate. At present my husband is being detained and an
inquiry is underway. I went to the Traumatology Center of City Polyclinic
#65, where my injuries could be recorded." (In the Traumatology
Center, they diagnosed a concussion; Mrs. Jabrailova’s vision is rapidly
decreasing.)
Article
3 of the European Convention on Human Rights and Fundamental Freedoms says: “No
one shall be subjected to torture or to inhuman or degrading treatment or
punishment.”
Human
rights violations on the basis of ethnic origin by the Moscow law enforcement
bodies, primarily against Chechens, increased greatly and reached a truly
massive scale after the Chechen war ended. On July 12, 1996, Mayor Luzhkov said
while speaking about the explosion on a Moscow trolleybus that every Chechen
must be removed from Moscow. A higher militia officer answered him: “Well, if
you allow me, I’ll surely bring terror into the streets.” “Yes,” said Mr.
Luzhkov, “drive out the entire Chechen diaspora.” In this way, numerous T.V.
viewers witnessed the Mayor of the capital sanctioning the illegal actions of
the militia (“terror in the streets”). Moscow Chechens while in detention often
heard from Internal Affairs Ministry officers that the Chechen war had not yet
finished; it continued in Moscow. Of course, it was a war against unarmed
peaceful Moscow inhabitants and visitors: “persons of Caucasian nationality”.
Moscow
human rights organizations registered a number of actions in 1996-1999 by law
enforcement bodies against Chechens and Ingushetians: “checks”, arrests and
searches that were accompanied by assault and battery and insults to
individuals’ national dignity. The following are several examples.
On
December 7, 1997, detectives of the Investigation Department of the Federal
Security Service (FSB) M.V. Bodrov, S.V. Mazein, V.A. Timoshin, D.V.
Shevchenko, M.V. Matveev, A.M. Korotkov and P.I. Kotelnikov, in collaboration
with an officer of the Moscow Regional Organized Crime Directorate (RUOP), Mr.
Beloborodov and others, conducted searches of the apartments of several
Chechens without the sanction of a prosecutor. Although nothing illegal was
found during the searches, all the Chechens (about 40 women and 50 men),
including those with registration and living permanently in Moscow, were taken
to the Moscow RUOP. They were held at the RUOP from the morning until 9 p.m.
While there, the detained were beaten professionally, i.e. in such a way that
no signs remained. The FSB and RUOP officers cursed people obscenely,
humiliated them and, for unknown reasons, took photographs of them under the
Chechen flag. The actions of the officers, described in the statements of
victims, attest that the only basis for the searches and detention of the 90
persons was their ethnic origin. Not one of them was examined in connection
with any legal violation and all of them were released at 9 p.m.
On
December 29, 1997, at about 10 p.m., SOBR (Special Rapid Response Unit) and
RUOP detachments burst into 10 rooms at the hostel of the Nations Friendship
University where students of Caucasian origin were living. With guns and clubs
they forced the students (about 20 of them) to lie down on the floor, and began
to beat them, attacking Chechens particularly brutally. The RUOP officers
uttered national and religious insults and opened cupboards and table drawers
to find personal photographs of the students. Then all the students were
delivered to the Obruchevsky District militia office on Miklukho-Maklay Street.
The victims attest that the office was full of Caucasians that night. There the
students were again beaten by the SOBR officers, with the Chechens being beaten
particularly keenly and brutally. The officers again uttered national and
religious insults, saying that it was “for Chechnya”. The SOBR officers
conducted the beatings, while the militia officers were completely indifferent
and did not interfere. Then the students’ names were again taken down, they
were recorded on video and their passports were taken away. After two hours,
the beaten students, including eight Chechens in grave condition, were returned
to the hostel. Passports were returned to some of them only after five days.
On
April 8, 1998 ten masked RUOP officers burst into the Kedrov Street apartment
where Mr. Amur Amerkhanov, a student of the Shchukin Superior Theater School,
lived. Mr. Amerkhanov was absent, but a female student from the same school was
there (she was later forced to sign a search record as the landlord of the
apartment). A senior lieutenant of the militia, N.V. Kazantsev, was among the
RUOP officers. The search was carried out roughly and objects were broken, torn
and trampled. The Ingush national flag that had been hanging on the wall was
torn down, trampled upon and torn into pieces, and the remnants carried out.
The search took an hour. Students of the Shchukin School, Mr. Amerkhanov, Mr.
Komurzoev and Mr. Dzangiev, who arrived separately after 10 p.m. were rudely
pulled into the apartment, beaten and mocked. According to the search record,
two videocassettes and two audio cassettes were seized. The students claim that
30 videocassettes of school records of rehearsals, about 50 audio cassettes and
a professional Panasonic M-25 video camera were taken.
At
about 1 a.m., the students were carried to the South District RUOP in Nagatino,
where they found an additional 30 Ingushetians who had been taken there from
different parts of Moscow. There they were also beaten, humiliated and jeered.
The students were released at 7 a.m. and they went to the school. The Rector,
Mr. V.M. Etush, and the Deputy Rector, Mr. Kulish, together with the students
went to the Head of the South District RUOP, Mr. Vasiliev. The latter,
according to Mr. Etush, expressed near-pathological hatred toward Ingushetians.
On
June 10, 1998 at 7 p.m., a football match between student teams of the
Plekhanov Academy was scheduled to be held on the Academy football field.
Between 6 and 7 p.m., participants and fans began to gather near the field.
Among them there were members of the student team “Vaynakh”, which was organized
by students originating from Ingushetia and Chechnya. At around 6.50 p.m., a
group of about 25 people in masks and black uniforms with an inscription on the
back stating “MVD RF” (Ministry of Internal Affairs of the Russian Federation)
or in civilian clothes rapidly approached the field from all sides. All of them
were armed with automatic guns or pistols. Uttering cries and obscenities, they
forced the Ingushetians and Chechens, about 50 of them, to separate from the
others. The MVD officers searched them, beating and cursing them and uttering
national and religious insults. After the search and document check, each
student, prodded by blows, was quickly brought to a man with a video camera.
Each detainee was forced to rapidly and clearly provide his full name, address
and place of birth. One of the detainees was wearing a shirt with an image of
the Chechen flag and coat of arms. He was beaten and his shirt was torn to
pieces. The person at the head of the operation was in civilian clothes without
a mask, and he also beat the students. When everyone was recorded on video, the
detainees were taken to the 1st Militia Office (Kozhevnicheskaya Street, 26)
escorted by officers of this office. Here they were left in the yard, and
called one by one into the office, where their documents were checked, then
released. The last detainee was released at 9 p.m. All the actions on the
football field were carried out in front of Academy students of other ethnic
origins.
Protests
from the Ingush “Memorial” and deputies’ inquiries were sent to the Moscow
Prosecutor’s Office. In reply to an inquiry by State Duma Deputy Mr. S.A.
Kovalyov, the Moscow Prosecutor Mr. S.I. Gerasimov stated that the raid of the
MVD officers at the football field was precipitated by a call to the “02"
service of the Moscow Main Department of Internal Affairs. An unknown citizen
attested that ”a fight is planned on June 10, 1998 at 7.20 p.m. at School #555
between citizens of Chechen origin, about 40 men, who have drugs... The
officers took measures to establish the purpose of the gathering of persons of
Caucasian nationality and check their documents, and carried out an examination
to look for weapons, ammunition and drugs. After that, the persons of Caucasian
nationality were delivered to the 1st Militia Office... The Prosecutor’s Office
acknowledged the illegality of the transfer of 42 citizens. In this regard, a
submission was made to the Head of the Main Department of Internal Affairs of
Moscow city... Operative Commissioner of the Criminal Investigation Department
Mr. V.V. Kishchenko made insulting statements to the citizens of Caucasian
nationality. He was reprimanded for this by the Head of the Central
Administrative District RUOP, Mr. V.V. Baranov... The request to open a case
against the militia officers on the basis of Article 5, Paragraph 2 of the
RSFSR Criminal Procedural Code is refused by the Zamoskvoretsky Inter-district
Prosecutor’s Office."
With
regard to the search and assault and battery of students at the Shchukin School
the answer was: “...During the check it was established that the search was
made according to existing laws and the statements made about loss of personal
property have not been confirmed... During the investigation and while
arresting citizens of Ingush nationality for the commission of administrative
violations, no force was used”.
On
December 22, 1998, at about 8 a.m., officers of the 94th Militia Office
conducted a search in an apartment rented by students M. Malsagov, M.-S.
Malsagov, T. Ekazhev and M. Nalgiev without sanction of the prosecutor and
without witnesses. After six officers had been in the apartment for two hours,
witnesses were invited in and drugs and explosives were seized. After two days
at the 94th Militia Office, Nalgiev and Ekazhev were released after a report of
their administrative detention was drawn up; M. Malsagov and M.-S. Malsagov
were arrested on the basis of Article 122 of the RSFSR Criminal Procedural
Code.
On
March 17, 1999 the Head of the Internal Affairs Office “Donskoy” of Moscow’s South-East
District, Colonel of the Militia O.N. Shilyuk sent an official request to the
General Director of the “Geofizpribor” company to “provide a list of employees
of Chechen nationality”, indicating everyone’s full name, year and place of
birth, full passport data, registration address and home address, place of work
and position, office and home phone number.
On
April 16, 1999 the General Representative of the President of the Chechen
Republic of Ichkeria in the Russian Federation, Mr. E. Ibragimov, issued a
declaration in which he reported the persecution of persons of Chechen origin
in Moscow on the basis of their nationality in the framework of crime
prevention.
In
response, the Main Department of Moscow’s Internal Affairs Directorate issued a
declaration classifying the actions of the officers of the Moscow militia as
“necessary measures to ensure the security of Muscovites and visitors to the
capital”. Nevertheless, “in this particular case, the Moscow’s Internal Affairs
Directorate qualifies the actions of the Head of Internal Affairs Office
”Donskoy" as professionally in error. The Main Department extends its
apologies to every loyal citizen of Chechen Republic living in Moscow".
Nevertheless,
persecution of Chechens and Ingushetians by the law enforcement bodies
continues in Moscow as before and became even more severe after the military
operations in Dagestan began. As before, those illegally detained in the
streets for “checks” are expected to pay arbitrary sums of money. The cases of
planting weapons, cartridges and drugs into the pockets of the detained
citizens became more frequent.
During
so-called operation “Terek” on August 19, 1999, two men of Ingush origin, M.
Didigov, a student of the faculty of law of one of the Moscow institutes, and
M.-B. Khamatkhanov, a skilled kickboxer who had come to Moscow in preparation
for a competition, were arrested on the institute campus. A large crowd
witnessed the arrest. Both of them were forced to lie on the pavement and
examined. After the search, they were handcuffed and taken to the Strong Point
of Militia, and then to the District Organized Crime Directorate (ROBOP).
During the second search, an RG-42 grenade was taken from Khamatkhanov.
Khamatkhanov declared in the presence of witnesses that the grenade was planted
by a militia officer and refused to sign the search record. In the ROBOP, they
and two other Ingush students were beaten and forced to remain on their knees
for about 24 hours. After that, Didigov was searched in the ROBOP and heroin was
found. The officers, not hiding their satisfaction, announced that the days’
plan had been fulfilled. For 24 hours the arrested were humiliated and not
permitted to contact relatives. Then M. Didigov and M.-B. Khanatkhanov were
imprisoned in Detention Center #2. Their placement in custody was sanctioned by
the Acting Prosecutor of Moscow’s South-West Administrative District, Senior
Legal Counsel V.P. Yudin. Because many people had seen that the search at the
time of the arrest on campus had had no result, the President of the Ingush
“Memorial” Mrs. M. Yandieva appealed to the Russian Minister of Internal
Affairs Mr. V. Rushaylo with a request to release Mr. Didigov and Mr.
Khamatkhanov and assess the actions of the officers of the ROBOP who had made
the arrest. The President of the Republic of Ingushetia Mr. R. Aushev was
informed about these facts. As a result Mr. Didigov and Mr. Khamatkhanov, still
at the Detention Center, were promised that the case would be closed if each of
them paid 30,000 rubles.
Moscow
markets are places where unskilled workers are constantly needed, and hence
they attract numerous migrants. Even those who speak Russian badly, or indeed
not at all, usually young or middle-aged men from villages, are used as
additional labor. Most of the merchants are also migrants, mostly Azeris.
Therefore, markets attract those in the habit of profiting off migrants.
Racketeers can be employees of private security services, officers of the
militia offices that control the territories where these markets are located or
groups of Russian fascists. The mechanism of the market racket is well
organized and its participants do not prevent each other from gathering
contributions. And so no victims - neither merchants nor workers - even
consider appealing to the militia for protection.
In
the summer of 1998, a member of the “Memorial” Human Rights Center who studied
the situation at the Luzhniki market in connection with the murder of Azeri
citizen A. Nagiev, observed that militia officers went to Azeris, checked their
documents and put them in their pockets and lead the people somewhere. To a
question of the “Memorial” member, the Azeris explained that this is a normal
procedure, and there is almost no reason to fear for the detainees: “You pay
50,000 [non-denominated rubles] and then return.” A similar situation at
another market - Izmaylovsky - was described by journalist Mrs. A.
Politkovskaya in her article “The history of a swastika” (“Novaya Gazeta”).
There, however, militia catch Tajiks to gather “taxes”, while the market
guards’ role is to advise the militia where and when the market workers receive
their pay. After a talk with the guards, the journalist was convinced that
these people were Russian national-socialists, and that they were working in
contact with the local militia. The guards stressed that this collaboration is
based on mutual ideological understanding. Their common slogan is “Moscow is
for Muscovites, not for ‘Blacks’”.
The
year the war ended in Chechnya, 1996, was notable for mass actions in markets
by the Moscow law enforcement bodies. Hundreds of people of Caucasian origin
were subjected to often very cruel beatings, injured, insulted and robbed. Here
is a far from complete chronicle of these events.
On
February 15, 1996 a mass beating of citizens of the Republic of Dagestan took
place at the Marfino market. During a raid by an OMON detachment, citizens were
beaten with rifle butts, one of whom sustained a broken leg. In freezing
weather, they were forced to hold on to a iron pipe for a long time (this
episode was shown by T.V.) and lie on the ground. They were beaten on the
ground, then lead to a bus where the assault and battery continued. The victims
wrote an appeal to Head of Moscow’s Main Department of Internal Affairs, Mr.
M.V. Kulikov. This appeal was signed by 216 people. After that, the citizens
who signed the appeal refused to provide evidence, fearing persecution from the
militia. The reply from the Butyrsky Municipal Prosecutor’s Office said: “The
facts described in the appeal received no objective confirmation. The request
to open a case is refused.”
On
July 18, 1996, during an operation carried out by militia officers at the
Cherkizovsky market, 10 citizens of the Republic of Azerbaijan were beaten and
their Moscow registration certificates destroyed. The militia officers extorted
money from the detainees. The detainees were taken to Moscow’s 30th Militia
Office. The events were investigated by the Inspector on Staff of the
Department of Internal Affair of the East District. A reply to the inquiry made
by Deputy Mr. Igrunov stated that the officers of the Department carried out
“measures to check the observance of the passport-visa order... As to the
claims of assault and battery during their implementation and of extortion of
money by the militia officers, the Prosecutor’s Office of the East
Administrative District has decided to refuse to open a case.”
On
July 25, 1996 during an operation carried out by OMON, RUOP and SOBR
detachments at the Krasnogvardeysky market, dozens of citizens of the Republic
of Azerbaijan were beaten and teargassed, goods worth tens of millions of
rubles were looted and confiscated, tens of millions of rubles were seized and
merchandise documents, passports and registration certificates were destroyed.
The detainees were taken to the 40th Militia Office. One of the victims, Mr.
E.M. Babaev, was taken to a hospital in grave condition. The Russian Television
program “Vesti” covered this event.
On
July 29, 1996, OMON officers at the Shchukinsky market beat Azeri citizens,
seized without record about 15 million rubles and destroyed registration
certificates. The Embassy of the Republic of Azerbaijan appealed to the
Prosecutor’s Office of the North-West Administrative Office and demanded that a
case be opened. In reply to an inquiry by Duma Deputy Mr. V.Igrunov, the Moscow
City Prosecutor’s Office stated that the victims had failed to appear to
prosecutor’s offices. “The location of the claimants is unknown, and those whose
addresses are known claim that unknown people are calling them and threatening
them.”
Similar
actions, with beating, insults, looting of goods and destruction of documents,
were carried out by different militia detachments and sections at the Biryulyovsky
market (on August 8, 1996) and at the Lefortovsky market (on August 11, 1996).
In both cases the prosecutor’s offices refused to open cases against the
militia officers.
Brutal
actions at Moscow markets in 1996 were usually carried out under the legal
cover of “carrying out measures of control of the passport-visa regime”
according to the direction of the Mayor #637 of 11/05/93. In 1999, such a cover
probably became unnecessary, as is illustrated by the action of officers of law
enforcement bodies on June 17, 1999 at the Pechatniki market.
At
about 10.30 a.m., a group of about 15 people in civilian clothes appeared on
the territory of the market. Without showing any documents, these people rushed
to the Azeri merchants and began to beat them with the handles of gas pistols
and iron rods wrapped in paper. Several shots were fired in the direction of
the unarmed merchants. The Azeris undertook self-defense measures and as a
result, the aggressors flew, losing their weapons. Four Azeri representatives gathered
the pistols and spent cartridge-cases and went to the Head of the 112th Militia
Office to make a complaint.
Within
an hour, a group of 60 men arrived at the market. They blocked all the exits
and again began to beat the Azeris. They accompanied the beatings with insults,
demands for them to leave Russia and appeals to other people to take part in
the “cleaning”. The Azeris, mostly fruit and vegetable merchants, received
serious injuries. Five of them were taken to resuscitation sections of Moscow hospitals.
The
Azeris were then taken to the 112th Militia Office. There they were again
beaten with iron rods and robbed. This took place in the presence of a
general-major of the Internal Affairs Ministry who asked the detainees why they
had come. As for the four representatives who took the pistols and
cartridge-cases to the 112th Militia Office, militia officers planted in their
pockets things that looked like balls wrapped in foil in front of witnesses.
Then they were accused of illegal possession of drugs.
The
passports and registration certificates of 36 arrested Azeris were destroyed,
and their owners were sent to the detention centers for persons without
definite place of residence. The Prosecutor’s Office brought an action against
six citizens of Azerbaijan on the basis of two articles of the Criminal
Code.
Violent
actions of extremist groups
According
to data from the All-Russian Center of Public Opinion Studies, about 40-50% of
the population of Russia harbor xenophobic attitudes. In Moscow, the level is
even higher because it is fed by the “Caucasophobic” propaganda of authorities,
the cruel actions of the militia against “Blacks” and their neutral, if not
sympathetic, attitude to the actions of skinheads.
On
April 20, 1998 unknown individuals called the editorial offices of several
Moscow newspapers and said that from the next day on (Hitler’s birthday) they
would “kill one Black every day”. The next day, groups of skinheads armed with
clubs, brass-knuckles and knives began to attack “non-Slavic” people (Africans,
Hindus, Vietnamese, Uzbeks, Azeris) in the vicinity of the Peoples’ Friendship
University, Moscow State University, their hostels, in the metro, at Pushkin
Square, on the Arbat and so on. During these attacks, the militia usually did not
interfere, refusing requests of passers-by to do so. Not far from the
Danilovsky market, the body of an African man was found in a sewage manhole.
Near the Arbat, a pregnant Hindu woman was beaten. She subsequently had a
miscarriage. The embassies of Benin, the Republic of South Africa and Sudan
directed official complaints to the Russian Foreign Ministry. The United States
Embassy warned its citizens about the possibility of hooligan attacks against
African-Americans. On May 2 in Filyovsky park an African-American official of
the U.S. Embassy was beaten by a group of skinheads. As a result, for the first
time, a case was brought against the initiator of the attack - a member of the
group “Russian goal” and an inhabitant of Moscow Region - under the article
covering “arousing racial hate with using violence” (punishable with up to 5
years of prison).
On
May 7, 1998 an attack of a gang of skinheads on the Azeri merchants at the
Luzhniki market ended in the murder of an additional worker at the market, an inhabitant
of Gyandja, Mr. Asaf Nagiev, born in 1973. The murder took place in the
presence and with the connivance of militia officers, who observed the fight
that led to the murder. Moreover, the bandits asked these officers to give them
a radio transmitter to call for reinforcements. After the death of Mr. A.
Nagiev, the Azeris who traded at the market held a spontaneous demonstration
and carried out an unsanctioned procession conveying Mr. Nagiev’s corpse along
Komsomolsky Prospect, where they were dispersed by the OMON.
The
Head of the Main Department of Internal Affairs Mr. N.Kulikov said in this
regard that “the capital militia will not allow anybody to take such actions in
Moscow and will use the most severe measures”. Of course, this declaration was
only directed against Azeris who dared to disturb the peace of the Moscow
authorities with their actions.
3.09.1999