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CC: Urgent! A Chechen in Croatia is under Threat of Deportation to Death!

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  • Norbert Strade
    Urgent! A Chechen in Croatia is under Threat of Deportation to Death! Sunday, 01 January 2012 BY Nadezhda Banchik Aslan Kagermanov has an asylum in Austria.
    Message 1 of 3 , Jan 1, 2012
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      Urgent! A Chechen in Croatia is under Threat of Deportation to Death!

      Sunday, 01 January 2012

      BY Nadezhda Banchik

      Aslan Kagermanov has an asylum in Austria. However, being for his personal affairs in Croatia he was arrested and put into a facility where those awaiting deportation are held. A former fighter for Chechen independence, he fled Chechnya in 2005. However, Russian authorities issued an international police order for his arrest on the grounds he allegedly killed a police officer.
      In fact, during the war police, as well as military, officers are being killed on regular basis. War is war. Russian officers, armed with bombardment aviation, shelling artillery and all kinds of modern weapons, killed much more Chechens than Chechen fighters destroyed their Russian enemies. Thus, such orders are unfair in its essence.

      Moreover, what awaits this poor Chechen in case he would be deported to Russia is unimaginable torture, long years of imprisonment with conditions similar to Hitler’s concentration camps and possible death in custody. That’s because Chechens in Russia are treated with horrible discrimination. Those Chechens who fought in the war are labeled criminals, not prisoners of the war.

      My accession of his case is well-grounded on numerous reports from independent human rights bodies, including Amnesty International, about severe discrimination of persons of Chechen origin in Russia. Those persons are practically deprived of their right for fair trial, legal defense and decent treatment. Instead, they are subjected to extrajudicial and unlawful retaliation through fabricated criminal cases, tortures and killings. Svetlana Gannushkina, a member of the Presidential Council for Human Rights and Civil Society, Russian Federation, underscores in her detailed reports with the Russian renown human rights center Memorial that Chechens in Russia are discriminated in systematic way, especially at correctional facilities. She describes hundreds of documented cases of such treatment of persons of Chechen origin.

      What “discrimination of Chechens” really means in Russia, and, therefore, what kind of fate awaits for Aslan Kagermanov in case of his extradition, I can illustrate with horrible examples, from mutilation of Zubayr Zubayraev to the bitter plight of Murad Gasaev, another asylum seeker, extradited by Spain on Russia’s “guarantees.”

      Here is a quote from the recent press conference which took place on Oct. 20 in Moscow on Zubayraev case. The quote from Svetlana Gannushkina’s talk at the conference shows exactly what Zubayraev endured in several colonies and prisons in Russia (he was sentenced on entirely forged case simply because he participated at peaceful manifestations in Chechnya protesting the war and hosted refugees at home): “Zubayraev barely can move on crutches, he literally brought to the physical and mental devastation. The entire left half of his face, from forehead to chin turned into a huge hematoma and almost lost sensitivity, which is a paresis of the facial nerve. His hands are in wounds as if pieces of meat were torn with tongs. On his right knee is a wound full of pus; Zubayraev told his lawyers that this wound was made to him with a screwdriver. Signs of an acute concussion are evident.” He is being constantly threatened that if he continues to complain lawyers and human rights
      advocates, he would not leave the prison alive, despite his term ends in the next year.

      And here is another horrible episode. Murad Gasaev was acquitted by the court because during the trial it turned out that his name was called out arbitrary by another prisoner who was undergoing unbearable tortures but later rejected his own testimony. Acquittal is extremely seldom for Chechens; in this case, Spanish diplomats watched the case. Nevertheless, after the acquittal, when monitoring was lifted, the “law enforcement” officers attempted to forge another criminal case on Gasaev. Only thanks to the human rights activists he was finally left alone. He probably left Russia again. He is lucky. Not so lucky are other Chechens, though.

      Also, here is the case of Zaurbeck Talkhigov. Talkhigov is a Chechen who used to live in Moscow. A small business owner, he had nothing with the war. During the Moscow theater siege in Oct. 2002, Aslanbek Aslakhanov, State Duma member, called on the Chechen Diaspora in Moscow to come to the theater and try to convince their compatriots to set the hostages free. Talkhigov came on Aslakhanov’s call. Aslakhanov gave him a phone number for the hostage-takers leader, Baraev. Talkhigov called him under the FSB officers’ control and tried to convince Baraev to let the hostages go. Immediately after his call, Talkhigov was arrested and charged with aiding terrorists.

      He was sentenced to 8 years of imprisonment. In a prison in the city of Syktyvkar (Komi Republic, RF) he was beaten on daily basis; also, during food distribution by the prison staff, he was intently given a spoon from a barrack where prisoners with TB and other infectious diseases were kept. In June 2006, he got sick and has been diagnosed of hepatitis C. He was refused of a most-necessary surgery.

      These are just some examples out of several hundreds documented “Chechen criminal cases” and extrajudicial executions of Chechens. These examples show systematic nature of persecution of all Chechens who are or suspected to be involved into the war. These episodes prove high possibility of the similar fate for Aslan Kagermanov. These examples show direct threat to Kagermanov’s life and safety in case of his forced return to Chechnya.

      I call on readers who can help me to save just another life of a person who happened to belong to a nation that counts hardly a million at all. Please write emails or send faxes to Croatia’s president and minister of interior (I did it already). I hope we will safe Aslan Kagermanov’s life.

      ChechenCenter.info

      http://chechencenter.info/n/breaking-news/34-breaking-news/1554-1.html
    • Boyle, Francis
      Hope you can use these arguments. The same principles of analysis apply here. Fab. ... From: Boyle, Francis Sent: Friday, December 13, 2002 12:59 PM To:
      Message 2 of 3 , Jan 1, 2012
      • 0 Attachment
        Hope you can use these arguments. The same principles of analysis apply
        here. Fab.

        -----Original Message-----
        From: Boyle, Francis
        Sent: Friday, December 13, 2002 12:59 PM
        To: 'chechnya-sl@yahoogroups.com'
        Cc: 'Norbert Strade (nost@...)'
        Subject: CHRI TO UNHCR:SAVE CHECHEN REFUGEES!
        CHECHEN REPUBLIC OF ICHKERIA
        MINISTRY OF FOREIGN AFFAIRS
        # 10-801 ____________________________________________ June 18, 2002
        The Honorable Ruud Lubbers
        United Nations High Commissioner for Refugees
        Fax: + 41 22 739 73 46
        Dear Excellency:
        We note and commend the fine work that the Office of the United Nations
        High Commissioner for Refugees and you personally have done with respect
        to preventing the return of Chechen Refugees from Ingushettia back to
        the Chechen Republic of Ichkeria.
        In this regard, attached you will find a formal Memorandum of Law dated
        11 July 2001 that was prepared by the Attorney of Record for the CHRI,
        Professor Francis A. Boyle, for the benefit of the appropriate officials
        in the German Government. This Memorandum fully states our legal
        position with respect to why Chechen Refugees must not be involuntarily
        returned to Chechnya at this time as a matter of both customary and
        conventional international law, including and especially the basic
        principle of non-refoulement as set forth in Article 33 of the 1951
        Convention Relating to the Status of Refugees and its 1967 Protocol.
        For all the reasons set forth in this Memorandum, we respectfully
        request that the Office of UNHCR and you personally act to prevent the
        involuntary return of Chechen Refugees to Chechnya from anywhere in the
        world, including and especially from Ingushettia and Germany.
        Should you have any questions on this matter, please feel free to
        contact our Attorney of Record, Professor Francis A. Boyle, as indicated
        below. Professor Boyle has Full Powers to represent the interests of
        Chechen Refugees and Displaced Persons anywhere in the world.
        Please accept, Excellency, the assurance of our highest consideration.
        Ilyas Akhmadov
        Foreign Minister

        cc: Professor Francis A. Boyle
        Attorney of Record for the Chechen Republic of Ichkeria
        Law Building
        504 E. Pennsylvania Ave.
        Champaign, IL 61820 USA
        217-333-7954(voice)
        217-244-1478(fax)
        fboyle@...
        Francis A. Boyle
        Law Building
        504 E. Pennsylvania Ave.
        Champaign, IL 61820 USA
        217-333-7954(voice)
        217-244-1478(fax)
        fboyle@... <mailto:fboyle@...>
        July 11, 2001
        H.E. Gerhard Schroder
        Chancellor
        Federal Republic of Germany
        Fax: 9-011-49-30-4000-1818
        H.E. Joschka Fischer H.E. Otto Schily
        Minister of Foreign Affairs Minister of Interior
        Federal Republic of Germany Federal Republic of Germany
        Fax: 9-011-49-1888-173402 Fax: 9-011-49-1888-681-2926
        Dear Excellencies:
        I write to request that the German Government rescind its decision to
        deport Chechen Refugees currently residing in Germany. Under the current
        circumstances, their deportation into the hands of the Russian
        Federation would violate their basic human rights under the 1948
        Universal Declaration of Human Rights as well as under several treaties
        to which Germany is a contracting party. To wit:
        I.
        First, for Germany to deport these Chechen Refugees into the hands of
        the Russian Federation would violate the basic principle of customary
        international law and international human rights law known as
        non-refoulement, as set forth in Article 33, section 1 of the 1951
        Convention Relating to the Status of Refugees and its 1967 Protocol, to
        which Germany is a contracting party: "No contracting state shall expel
        or return a refugee in any manner whatsoever to the frontiers of
        territories where his life or freedom would be threatened on account of
        his race, religion, nationality, membership of a particular social group
        or political opinion." Every major human rights organization in the
        world, including and especially Human Rights Watch and Amnesty
        International, have determined that the Russian Federation is currently
        threatening and destroying the very Lives and Freedoms of the Chechen
        People on account of their Race, Religion, Nationality, and Political
        Opinion.
        II.
        Second, Germany cannot deport these Chechen Refugees into the hands of
        the Russian Federation because to do so would violate Article 3 of the
        Convention against Torture and Other Cruel, Inhuman or Degrading
        Treatment or Punishment, which prohibits the expulsion, return or
        extradition of a person to a state where there are substantial grounds
        for believing he would be in danger of being subjected to torture.
        Germany is a Contracting Party to this Convention. The Russian
        Federation is also a contracting party to this Convention. Nevertheless,
        every major human rights organization in the world, including and
        especially Human Rights Watch and Amnesty International, have determined
        that the Russian Federation is currently inflicting Torture, Cruel,
        Inhuman and Degrading Treatment upon the Chechen People in gross
        violation of this Convention against Torture.
        In this regard, I call to your attention the fact that on 10 July 2001,
        the Council of Europe's Committee for the Prevention of Torture (CPT)
        publicly denounced the Russian Federation for failing to cooperate with
        its efforts to shed light on the ill-treatment of detainees in Chechnya.
        See Gilbert Reilhac, Torture Watchdog Rebukes Russia on Chechnya,
        Reuters, July 10,
        2001:
        ....
        The European Committee for the Prevention of Torture (CPT), a body of
        the 43-nation Council of Europe of which Russia is a member, said CPT
        experts who visited the region in March found "a palpable climate of
        fear" and heard consistent allegations of severe ill-treatment by
        Russian security forces.
        In a public statement, it said Russia had breached its treaty
        obligations to advise the CPT what it was doing to uncover and prosecute
        those responsible for such abuses.
        Russia had also made clear that it intended to ignore a CPT
        recommendation for an independent inquiry into ill-treatment at a
        detention center in the village of Chernokozovo, in northwest Chechnya,
        between December 1999 and early February 2000.
        "To date, an inquiry of the kind requested by the CPT has not been
        carried out and the Russian authorities have now made it clear that they
        have no intention of organizing such an inquiry," the statement said.
        Russia now contended that no such detention facility existed at the
        time, which was "clearly untenable," the CPT said.
        It was only the third time in 11 years that the CPT had issued a public
        statement denouncing a Council of Europe member state for failure to
        cooperate with its work.
        ....
        Last week, the New York-based international group Human Rights Watch
        said Russian troops had rounded up hundreds of men during a security
        sweep through villages in western Chechnya and tortured and beaten many
        of them.
        ....
        Experts who visited the region in March this year heard "numerous
        credible and consistent allegations...of severe ill-treatment by federal
        forces," the statement said.
        "The CPT's delegation found a palpable climate of fear. Many people who
        had been ill-treated and others who knew about such offences were
        reluctant to file complaints to the authorities.
        "There was the fear of reprisals at local level and a general sentiment
        that, in any event, justice would not be done," the statement added.
        As a Member of the Council of Europe and as a contracting party to the
        Convention against Torture, Germany is obligated to refrain from
        deporting Chechen Refugees into the hands of the Russian Federation
        where they will be subjected to Torture, Cruel, Inhuman and Degrading
        Treatment, as determined by the Council of Europe's Committee for the
        Prevention of Torture. I have attached a copy of this 10 July 2001 CPT
        Public Statement to this Communication for your convenience and
        consideration.
        III.
        Third, Germany cannot legally expel or deport Chechen Refugees into the
        hands of the Russian Federation because to do so would violate Articles
        2, 6, 7, 9, 10 and 17, inter alia, of the International Covenant on
        Civil and Political Rights. Germany is a Contracting Party to this
        Covenant. The Russian Federation is also a Contracting Party to this
        Covenant. Article 2 provides that Germany "undertakes to respect and to
        ensure to all individuals within its territory and subject to its
        jurisdiction the rights recognized in the present Covenant, without
        distinction of any kind, such as race, colour, sex, language, religious,
        political or other opinion, national or social origin, property, birth
        or other status." Article 6 guarantees these Chechen Refugees their
        "inherent right to life. This right shall be protected by law. No one
        shall be arbitrarily deprived of his life." Article 7 guarantees that
        these Chechen Refugees shall not "be subjected to torture or to cruel,
        inhuman or degrading treatment or punishment." Article 9 guarantees
        these Chechen Refugees their "right to liberty and security of person.
        No one shall be subjected to arbitrary arrest or detention. No one shall
        be deprived of his liberty except on such grounds and in accordance with
        such procedures as are established by law," etc. Article 10 guarantees
        these Chechen Refugees that "All persons deprived of their liberty shall
        be treated with humanity and with respect for the inherent dignity of
        the human person." Article 17 provides that these Chechen Refugees shall
        not "be subjected to arbitrary or unlawful interference with his
        privacy, family, home or correspondence, nor to unlawful attacks on his
        honour and reputation." All of these basic human rights of the Chechen
        Refugees will be violated, defeated and negated should Germany deport
        them into the hands of the Russian Federation.
        IV.
        Fourth, Germany cannot legally expel or deport these Chechen Refugees
        into the hands of the Russian Federation because to do so would violate
        Common Article 1 and Common Article 3 of the Four Geneva Conventions of
        1949. Germany is a Contracting Party to the Four Geneva Conventions of
        1949 The Russian Federation is also a Contracting Party to the Four
        Geneva Conventions of 1949. Common Article 3 requires that the Russian
        Federation "shall in all circumstances [treat Chechens] humanely,
        without any adverse distinction founded on race, colour, religion or
        faith, sex, birth or wealth, or any other similar criteria. To this end,
        the following acts are and shall remain prohibited at any time and in
        any place whatsoever with respect to the above-mentioned persons: (a)
        violence to life and person, in particular murder of all kinds,
        mutilation, cruel treatment and torture;...
        (c) outrages upon personal dignity, in particular, humiliating and
        degrading treatment; (d) the passing of sentences and the carrying out
        of executions without previous judgment pronounced by a regularly
        constituted court affording all the judicial guarantees which are
        recognized as indispensable by civilized peoples." Nevertheless, every
        major human rights organization in the world, including and especially
        Human Rights Watch and Amnesty International, have determined that the
        Russian Federation has inflicted grave breaches of Common article 3 upon
        the Chechen People. Under Common Article 1 to the Four Geneva
        Conventions of 1949, Germany is under an absolute obligation "to respect
        and to ensure respect" for the Geneva Conventions "in all
        circumstances." Under these particular circumstances, the only way for
        Germany "to respect and to ensure respect" for the Four Geneva
        Conventions of 1949 is to prevent the deportation of these Chechen
        Refugees into the hands of the Russian Federation.
        V.
        Fifth, Germany cannot legally return these Chechen Refugees into the
        hands of the Russian Federation because to do so would violate Article I
        and Article III(e) of the 1948 Convention on the Prevention and
        Punishment of the Crime of Genocide. Germany is a Contracting Party to
        the Genocide Convention The Russian Federation is also a Contracting
        Party to the Genocide Convention. Article 1 requires that Germany take
        affirmative steps "to prevent" genocide, which would preclude the return
        of these Chechen Refugees to the Russian Federation. Article III(e)
        prohibits Germany from engaging in "complicity in genocide." For Germany
        to deport these Chechen Refugees into the hands of the Russian
        Federation would aid and abet the ongoing Russian genocide against the
        Chechen People as defined and prohibited by Article II of the Genocide
        Convention, and thus render Germany an accomplice. As one of the
        foremost proponents of human rights in the world today, Germany must
        have nothing to do with genocide.
        VI.
        Sixth, for Germany to deport these Chechen Refugees into the hands of
        the Russian Federation would violate its most elementary obligations
        under the European Convention for the Protection of Human Rights and
        Fundamental Freedoms. Article 1 thereof requires that Germany "shall
        secure to everyone within their jurisdiction the rights and freedoms
        defined in Section 1 of this Convention." These Chechen Refugees are
        currently within the jurisdiction of Germany. Their deportation into the
        hands of the Russian Federation would violate, defeat, and negate all of
        their basic human rights set forth in Article 2 through
        Article 14 of the Convention.
        ****
        For all of the above-mentioned reasons, under the current circumstances
        Germany is obligated to refrain from the deportation of these Chechen
        Refugees into the hands of the Russian Federation.
        Please accept, Excellencies, the assurance of my highest consideration.
        Respectfully,
        Francis A. Boyle
        Professor of International Law
        Attorney of Record for the Chechen Republic of Ichkeria
        cc: His Excellency Ilyas Akhmadov
        Foreign Minister
        Chechen Republic of Ichkeria
        Attachment
        FILE:Schroder&Fischer&SchilyLetter.wpd


        Francis A. Boyle
        Law Building
        504 E. Pennsylvania Ave.
        Champaign, IL 61820 USA
        217-333-7954 (voice)
        217-244-1478 (fax)
        (personal comments only)


        -----Original Message-----
        From: chechnya-sl@yahoogroups.com [mailto:chechnya-sl@yahoogroups.com]
        On Behalf Of Norbert Strade
        Sent: Sunday, January 01, 2012 7:52 AM
        To: chechnya-sl@yahoogroups.com
        Subject: CC: Urgent! A Chechen in Croatia is under Threat of Deportation
        to Death!

        Urgent! A Chechen in Croatia is under Threat of Deportation to Death!

        Sunday, 01 January 2012

        BY Nadezhda Banchik

        Aslan Kagermanov has an asylum in Austria. However, being for his
        personal affairs in Croatia he was arrested and put into a facility
        where those awaiting deportation are held. A former fighter for Chechen
        independence, he fled Chechnya in 2005. However, Russian authorities
        issued an international police order for his arrest on the grounds he
        allegedly killed a police officer.
        In fact, during the war police, as well as military, officers are being
        killed on regular basis. War is war. Russian officers, armed with
        bombardment aviation, shelling artillery and all kinds of modern
        weapons, killed much more Chechens than Chechen fighters destroyed their
        Russian enemies. Thus, such orders are unfair in its essence.

        Moreover, what awaits this poor Chechen in case he would be deported to
        Russia is unimaginable torture, long years of imprisonment with
        conditions similar to Hitler's concentration camps and possible death in
        custody. That's because Chechens in Russia are treated with horrible
        discrimination. Those Chechens who fought in the war are labeled
        criminals, not prisoners of the war.

        My accession of his case is well-grounded on numerous reports from
        independent human rights bodies, including Amnesty International, about
        severe discrimination of persons of Chechen origin in Russia. Those
        persons are practically deprived of their right for fair trial, legal
        defense and decent treatment. Instead, they are subjected to
        extrajudicial and unlawful retaliation through fabricated criminal
        cases, tortures and killings. Svetlana Gannushkina, a member of the
        Presidential Council for Human Rights and Civil Society, Russian
        Federation, underscores in her detailed reports with the Russian renown
        human rights center Memorial that Chechens in Russia are discriminated
        in systematic way, especially at correctional facilities. She describes
        hundreds of documented cases of such treatment of persons of Chechen
        origin.

        What "discrimination of Chechens" really means in Russia, and,
        therefore, what kind of fate awaits for Aslan Kagermanov in case of his
        extradition, I can illustrate with horrible examples, from mutilation of
        Zubayr Zubayraev to the bitter plight of Murad Gasaev, another asylum
        seeker, extradited by Spain on Russia's "guarantees."

        Here is a quote from the recent press conference which took place on
        Oct. 20 in Moscow on Zubayraev case. The quote from Svetlana
        Gannushkina's talk at the conference shows exactly what Zubayraev
        endured in several colonies and prisons in Russia (he was sentenced on
        entirely forged case simply because he participated at peaceful
        manifestations in Chechnya protesting the war and hosted refugees at
        home): "Zubayraev barely can move on crutches, he literally brought to
        the physical and mental devastation. The entire left half of his face,
        from forehead to chin turned into a huge hematoma and almost lost
        sensitivity, which is a paresis of the facial nerve. His hands are in
        wounds as if pieces of meat were torn with tongs. On his right knee is a
        wound full of pus; Zubayraev told his lawyers that this wound was made
        to him with a screwdriver. Signs of an acute concussion are evident." He
        is being constantly threatened that if he continues to complain lawyers
        and human rights
        advocates, he would not leave the prison alive, despite his term ends in
        the next year.

        And here is another horrible episode. Murad Gasaev was acquitted by the
        court because during the trial it turned out that his name was called
        out arbitrary by another prisoner who was undergoing unbearable tortures
        but later rejected his own testimony. Acquittal is extremely seldom for
        Chechens; in this case, Spanish diplomats watched the case.
        Nevertheless, after the acquittal, when monitoring was lifted, the "law
        enforcement" officers attempted to forge another criminal case on
        Gasaev. Only thanks to the human rights activists he was finally left
        alone. He probably left Russia again. He is lucky. Not so lucky are
        other Chechens, though.

        Also, here is the case of Zaurbeck Talkhigov. Talkhigov is a Chechen who
        used to live in Moscow. A small business owner, he had nothing with the
        war. During the Moscow theater siege in Oct. 2002, Aslanbek Aslakhanov,
        State Duma member, called on the Chechen Diaspora in Moscow to come to
        the theater and try to convince their compatriots to set the hostages
        free. Talkhigov came on Aslakhanov's call. Aslakhanov gave him a phone
        number for the hostage-takers leader, Baraev. Talkhigov called him under
        the FSB officers' control and tried to convince Baraev to let the
        hostages go. Immediately after his call, Talkhigov was arrested and
        charged with aiding terrorists.

        He was sentenced to 8 years of imprisonment. In a prison in the city of
        Syktyvkar (Komi Republic, RF) he was beaten on daily basis; also, during
        food distribution by the prison staff, he was intently given a spoon
        from a barrack where prisoners with TB and other infectious diseases
        were kept. In June 2006, he got sick and has been diagnosed of hepatitis
        C. He was refused of a most-necessary surgery.

        These are just some examples out of several hundreds documented "Chechen
        criminal cases" and extrajudicial executions of Chechens. These examples
        show systematic nature of persecution of all Chechens who are or
        suspected to be involved into the war. These episodes prove high
        possibility of the similar fate for Aslan Kagermanov. These examples
        show direct threat to Kagermanov's life and safety in case of his forced
        return to Chechnya.

        I call on readers who can help me to save just another life of a person
        who happened to belong to a nation that counts hardly a million at all.
        Please write emails or send faxes to Croatia's president and minister of
        interior (I did it already). I hope we will safe Aslan Kagermanov's
        life.

        ChechenCenter.info

        http://chechencenter.info/n/breaking-news/34-breaking-news/1554-1.html




        ------------------------------------

        Yahoo! Groups Links
      • Boyle, Francis
        Dear Norbert: I am happy to speak with his lawyer if he wants. It is Jan 1 and they are probably closed. But starting tomorrow on Jan. 2 his lawyer should
        Message 3 of 3 , Jan 1, 2012
        • 0 Attachment
          Dear Norbert: I am happy to speak with his lawyer if he wants. It is Jan
          1 and they are probably closed. But starting tomorrow on Jan. 2 his
          lawyer should contact the headquarters of Amnesty International in
          London and have them put out on Urgent Action on his behalf. In
          addition, the lawyer can file an emergency request with the European
          Court of Human Rights to issue an order against Croatia to prevent his
          deportation pending further review of his legal claims. He should have
          never left Austria in the first place. Chechen refugees who have been
          able to obtain asylum or refugee status in certain countries must stay
          there. The Russian Government has Interpol Red Alert Arrest Warrants out
          for them all. They must stay put for the duration!

          Fab


          Francis A. Boyle
          Law Building
          504 E. Pennsylvania Ave.
          Champaign, Illinois 61820
          217-333-7954 (voice)
          217-244-1478 (fax)
          (personal comments only)

          -----Original Message-----
          From: Boyle, Francis
          Sent: Sunday, January 01, 2012 8:40 AM
          To: chechnya-sl@yahoogroups.com; Norbert Strade
          Subject: RE: Urgent! A Chechen in Croatia is under Threat of Deportation
          to Death!

          Hope you can use these arguments. The same principles of analysis apply
          here. Fab.

          -----Original Message-----
          From: Boyle, Francis
          Sent: Friday, December 13, 2002 12:59 PM
          To: 'chechnya-sl@yahoogroups.com'
          Cc: 'Norbert Strade (nost@...)'
          Subject: CHRI TO UNHCR:SAVE CHECHEN REFUGEES!
          CHECHEN REPUBLIC OF ICHKERIA
          MINISTRY OF FOREIGN AFFAIRS
          # 10-801 ____________________________________________ June 18, 2002 The
          Honorable Ruud Lubbers United Nations High Commissioner for Refugees
          Fax: + 41 22 739 73 46
          Dear Excellency:
          We note and commend the fine work that the Office of the United Nations
          High Commissioner for Refugees and you personally have done with respect
          to preventing the return of Chechen Refugees from Ingushettia back to
          the Chechen Republic of Ichkeria.
          In this regard, attached you will find a formal Memorandum of Law dated
          11 July 2001 that was prepared by the Attorney of Record for the CHRI,
          Professor Francis A. Boyle, for the benefit of the appropriate officials
          in the German Government. This Memorandum fully states our legal
          position with respect to why Chechen Refugees must not be involuntarily
          returned to Chechnya at this time as a matter of both customary and
          conventional international law, including and especially the basic
          principle of non-refoulement as set forth in Article 33 of the 1951
          Convention Relating to the Status of Refugees and its 1967 Protocol.
          For all the reasons set forth in this Memorandum, we respectfully
          request that the Office of UNHCR and you personally act to prevent the
          involuntary return of Chechen Refugees to Chechnya from anywhere in the
          world, including and especially from Ingushettia and Germany.
          Should you have any questions on this matter, please feel free to
          contact our Attorney of Record, Professor Francis A. Boyle, as indicated
          below. Professor Boyle has Full Powers to represent the interests of
          Chechen Refugees and Displaced Persons anywhere in the world.
          Please accept, Excellency, the assurance of our highest consideration.
          Ilyas Akhmadov
          Foreign Minister

          cc: Professor Francis A. Boyle
          Attorney of Record for the Chechen Republic of Ichkeria Law Building
          504 E. Pennsylvania Ave.
          Champaign, IL 61820 USA
          217-333-7954(voice)
          217-244-1478(fax)
          fboyle@...
          Francis A. Boyle
          Law Building
          504 E. Pennsylvania Ave.
          Champaign, IL 61820 USA
          217-333-7954(voice)
          217-244-1478(fax)
          fboyle@... <mailto:fboyle@...> July 11, 2001 H.E.
          Gerhard Schroder Chancellor Federal Republic of Germany
          Fax: 9-011-49-30-4000-1818
          H.E. Joschka Fischer H.E. Otto Schily
          Minister of Foreign Affairs Minister of Interior Federal Republic of
          Germany Federal Republic of Germany
          Fax: 9-011-49-1888-173402 Fax: 9-011-49-1888-681-2926 Dear Excellencies:
          I write to request that the German Government rescind its decision to
          deport Chechen Refugees currently residing in Germany. Under the current
          circumstances, their deportation into the hands of the Russian
          Federation would violate their basic human rights under the 1948
          Universal Declaration of Human Rights as well as under several treaties
          to which Germany is a contracting party. To wit:
          I.
          First, for Germany to deport these Chechen Refugees into the hands of
          the Russian Federation would violate the basic principle of customary
          international law and international human rights law known as
          non-refoulement, as set forth in Article 33, section 1 of the 1951
          Convention Relating to the Status of Refugees and its 1967 Protocol, to
          which Germany is a contracting party: "No contracting state shall expel
          or return a refugee in any manner whatsoever to the frontiers of
          territories where his life or freedom would be threatened on account of
          his race, religion, nationality, membership of a particular social group
          or political opinion." Every major human rights organization in the
          world, including and especially Human Rights Watch and Amnesty
          International, have determined that the Russian Federation is currently
          threatening and destroying the very Lives and Freedoms of the Chechen
          People on account of their Race, Religion, Nationality, and Political
          Opinion.
          II.
          Second, Germany cannot deport these Chechen Refugees into the hands of
          the Russian Federation because to do so would violate Article 3 of the
          Convention against Torture and Other Cruel, Inhuman or Degrading
          Treatment or Punishment, which prohibits the expulsion, return or
          extradition of a person to a state where there are substantial grounds
          for believing he would be in danger of being subjected to torture.
          Germany is a Contracting Party to this Convention. The Russian
          Federation is also a contracting party to this Convention. Nevertheless,
          every major human rights organization in the world, including and
          especially Human Rights Watch and Amnesty International, have determined
          that the Russian Federation is currently inflicting Torture, Cruel,
          Inhuman and Degrading Treatment upon the Chechen People in gross
          violation of this Convention against Torture.
          In this regard, I call to your attention the fact that on 10 July 2001,
          the Council of Europe's Committee for the Prevention of Torture (CPT)
          publicly denounced the Russian Federation for failing to cooperate with
          its efforts to shed light on the ill-treatment of detainees in Chechnya.
          See Gilbert Reilhac, Torture Watchdog Rebukes Russia on Chechnya,
          Reuters, July 10,
          2001:
          ....
          The European Committee for the Prevention of Torture (CPT), a body of
          the 43-nation Council of Europe of which Russia is a member, said CPT
          experts who visited the region in March found "a palpable climate of
          fear" and heard consistent allegations of severe ill-treatment by
          Russian security forces.
          In a public statement, it said Russia had breached its treaty
          obligations to advise the CPT what it was doing to uncover and prosecute
          those responsible for such abuses.
          Russia had also made clear that it intended to ignore a CPT
          recommendation for an independent inquiry into ill-treatment at a
          detention center in the village of Chernokozovo, in northwest Chechnya,
          between December 1999 and early February 2000.
          "To date, an inquiry of the kind requested by the CPT has not been
          carried out and the Russian authorities have now made it clear that they
          have no intention of organizing such an inquiry," the statement said.
          Russia now contended that no such detention facility existed at the
          time, which was "clearly untenable," the CPT said.
          It was only the third time in 11 years that the CPT had issued a public
          statement denouncing a Council of Europe member state for failure to
          cooperate with its work.
          ....
          Last week, the New York-based international group Human Rights Watch
          said Russian troops had rounded up hundreds of men during a security
          sweep through villages in western Chechnya and tortured and beaten many
          of them.
          ....
          Experts who visited the region in March this year heard "numerous
          credible and consistent allegations...of severe ill-treatment by federal
          forces," the statement said.
          "The CPT's delegation found a palpable climate of fear. Many people who
          had been ill-treated and others who knew about such offences were
          reluctant to file complaints to the authorities.
          "There was the fear of reprisals at local level and a general sentiment
          that, in any event, justice would not be done," the statement added.
          As a Member of the Council of Europe and as a contracting party to the
          Convention against Torture, Germany is obligated to refrain from
          deporting Chechen Refugees into the hands of the Russian Federation
          where they will be subjected to Torture, Cruel, Inhuman and Degrading
          Treatment, as determined by the Council of Europe's Committee for the
          Prevention of Torture. I have attached a copy of this 10 July 2001 CPT
          Public Statement to this Communication for your convenience and
          consideration.
          III.
          Third, Germany cannot legally expel or deport Chechen Refugees into the
          hands of the Russian Federation because to do so would violate Articles
          2, 6, 7, 9, 10 and 17, inter alia, of the International Covenant on
          Civil and Political Rights. Germany is a Contracting Party to this
          Covenant. The Russian Federation is also a Contracting Party to this
          Covenant. Article 2 provides that Germany "undertakes to respect and to
          ensure to all individuals within its territory and subject to its
          jurisdiction the rights recognized in the present Covenant, without
          distinction of any kind, such as race, colour, sex, language, religious,
          political or other opinion, national or social origin, property, birth
          or other status." Article 6 guarantees these Chechen Refugees their
          "inherent right to life. This right shall be protected by law. No one
          shall be arbitrarily deprived of his life." Article 7 guarantees that
          these Chechen Refugees shall not "be subjected to torture or to cruel,
          inhuman or degrading treatment or punishment." Article 9 guarantees
          these Chechen Refugees their "right to liberty and security of person.
          No one shall be subjected to arbitrary arrest or detention. No one shall
          be deprived of his liberty except on such grounds and in accordance with
          such procedures as are established by law," etc. Article 10 guarantees
          these Chechen Refugees that "All persons deprived of their liberty shall
          be treated with humanity and with respect for the inherent dignity of
          the human person." Article 17 provides that these Chechen Refugees shall
          not "be subjected to arbitrary or unlawful interference with his
          privacy, family, home or correspondence, nor to unlawful attacks on his
          honour and reputation." All of these basic human rights of the Chechen
          Refugees will be violated, defeated and negated should Germany deport
          them into the hands of the Russian Federation.
          IV.
          Fourth, Germany cannot legally expel or deport these Chechen Refugees
          into the hands of the Russian Federation because to do so would violate
          Common Article 1 and Common Article 3 of the Four Geneva Conventions of
          1949. Germany is a Contracting Party to the Four Geneva Conventions of
          1949 The Russian Federation is also a Contracting Party to the Four
          Geneva Conventions of 1949. Common Article 3 requires that the Russian
          Federation "shall in all circumstances [treat Chechens] humanely,
          without any adverse distinction founded on race, colour, religion or
          faith, sex, birth or wealth, or any other similar criteria. To this end,
          the following acts are and shall remain prohibited at any time and in
          any place whatsoever with respect to the above-mentioned persons: (a)
          violence to life and person, in particular murder of all kinds,
          mutilation, cruel treatment and torture;...
          (c) outrages upon personal dignity, in particular, humiliating and
          degrading treatment; (d) the passing of sentences and the carrying out
          of executions without previous judgment pronounced by a regularly
          constituted court affording all the judicial guarantees which are
          recognized as indispensable by civilized peoples." Nevertheless, every
          major human rights organization in the world, including and especially
          Human Rights Watch and Amnesty International, have determined that the
          Russian Federation has inflicted grave breaches of Common article 3 upon
          the Chechen People. Under Common Article 1 to the Four Geneva
          Conventions of 1949, Germany is under an absolute obligation "to respect
          and to ensure respect" for the Geneva Conventions "in all
          circumstances." Under these particular circumstances, the only way for
          Germany "to respect and to ensure respect" for the Four Geneva
          Conventions of 1949 is to prevent the deportation of these Chechen
          Refugees into the hands of the Russian Federation.
          V.
          Fifth, Germany cannot legally return these Chechen Refugees into the
          hands of the Russian Federation because to do so would violate Article I
          and Article III(e) of the 1948 Convention on the Prevention and
          Punishment of the Crime of Genocide. Germany is a Contracting Party to
          the Genocide Convention The Russian Federation is also a Contracting
          Party to the Genocide Convention. Article 1 requires that Germany take
          affirmative steps "to prevent" genocide, which would preclude the return
          of these Chechen Refugees to the Russian Federation. Article III(e)
          prohibits Germany from engaging in "complicity in genocide." For Germany
          to deport these Chechen Refugees into the hands of the Russian
          Federation would aid and abet the ongoing Russian genocide against the
          Chechen People as defined and prohibited by Article II of the Genocide
          Convention, and thus render Germany an accomplice. As one of the
          foremost proponents of human rights in the world today, Germany must
          have nothing to do with genocide.
          VI.
          Sixth, for Germany to deport these Chechen Refugees into the hands of
          the Russian Federation would violate its most elementary obligations
          under the European Convention for the Protection of Human Rights and
          Fundamental Freedoms. Article 1 thereof requires that Germany "shall
          secure to everyone within their jurisdiction the rights and freedoms
          defined in Section 1 of this Convention." These Chechen Refugees are
          currently within the jurisdiction of Germany. Their deportation into the
          hands of the Russian Federation would violate, defeat, and negate all of
          their basic human rights set forth in Article 2 through Article 14 of
          the Convention.
          ****
          For all of the above-mentioned reasons, under the current circumstances
          Germany is obligated to refrain from the deportation of these Chechen
          Refugees into the hands of the Russian Federation.
          Please accept, Excellencies, the assurance of my highest consideration.
          Respectfully,
          Francis A. Boyle
          Professor of International Law
          Attorney of Record for the Chechen Republic of Ichkeria
          cc: His Excellency Ilyas Akhmadov
          Foreign Minister
          Chechen Republic of Ichkeria
          Attachment
          FILE:Schroder&Fischer&SchilyLetter.wpd


          Francis A. Boyle
          Law Building
          504 E. Pennsylvania Ave.
          Champaign, IL 61820 USA
          217-333-7954 (voice)
          217-244-1478 (fax)
          (personal comments only)


          -----Original Message-----
          From: chechnya-sl@yahoogroups.com [mailto:chechnya-sl@yahoogroups.com]
          On Behalf Of Norbert Strade
          Sent: Sunday, January 01, 2012 7:52 AM
          To: chechnya-sl@yahoogroups.com
          Subject: CC: Urgent! A Chechen in Croatia is under Threat of Deportation
          to Death!

          Urgent! A Chechen in Croatia is under Threat of Deportation to Death!

          Sunday, 01 January 2012

          BY Nadezhda Banchik

          Aslan Kagermanov has an asylum in Austria. However, being for his
          personal affairs in Croatia he was arrested and put into a facility
          where those awaiting deportation are held. A former fighter for Chechen
          independence, he fled Chechnya in 2005. However, Russian authorities
          issued an international police order for his arrest on the grounds he
          allegedly killed a police officer.
          In fact, during the war police, as well as military, officers are being
          killed on regular basis. War is war. Russian officers, armed with
          bombardment aviation, shelling artillery and all kinds of modern
          weapons, killed much more Chechens than Chechen fighters destroyed their
          Russian enemies. Thus, such orders are unfair in its essence.

          Moreover, what awaits this poor Chechen in case he would be deported to
          Russia is unimaginable torture, long years of imprisonment with
          conditions similar to Hitler's concentration camps and possible death in
          custody. That's because Chechens in Russia are treated with horrible
          discrimination. Those Chechens who fought in the war are labeled
          criminals, not prisoners of the war.

          My accession of his case is well-grounded on numerous reports from
          independent human rights bodies, including Amnesty International, about
          severe discrimination of persons of Chechen origin in Russia. Those
          persons are practically deprived of their right for fair trial, legal
          defense and decent treatment. Instead, they are subjected to
          extrajudicial and unlawful retaliation through fabricated criminal
          cases, tortures and killings. Svetlana Gannushkina, a member of the
          Presidential Council for Human Rights and Civil Society, Russian
          Federation, underscores in her detailed reports with the Russian renown
          human rights center Memorial that Chechens in Russia are discriminated
          in systematic way, especially at correctional facilities. She describes
          hundreds of documented cases of such treatment of persons of Chechen
          origin.

          What "discrimination of Chechens" really means in Russia, and,
          therefore, what kind of fate awaits for Aslan Kagermanov in case of his
          extradition, I can illustrate with horrible examples, from mutilation of
          Zubayr Zubayraev to the bitter plight of Murad Gasaev, another asylum
          seeker, extradited by Spain on Russia's "guarantees."

          Here is a quote from the recent press conference which took place on
          Oct. 20 in Moscow on Zubayraev case. The quote from Svetlana
          Gannushkina's talk at the conference shows exactly what Zubayraev
          endured in several colonies and prisons in Russia (he was sentenced on
          entirely forged case simply because he participated at peaceful
          manifestations in Chechnya protesting the war and hosted refugees at
          home): "Zubayraev barely can move on crutches, he literally brought to
          the physical and mental devastation. The entire left half of his face,
          from forehead to chin turned into a huge hematoma and almost lost
          sensitivity, which is a paresis of the facial nerve. His hands are in
          wounds as if pieces of meat were torn with tongs. On his right knee is a
          wound full of pus; Zubayraev told his lawyers that this wound was made
          to him with a screwdriver. Signs of an acute concussion are evident." He
          is being constantly threatened that if he continues to complain lawyers
          and human rights advocates, he would not leave the prison alive, despite
          his term ends in the next year.

          And here is another horrible episode. Murad Gasaev was acquitted by the
          court because during the trial it turned out that his name was called
          out arbitrary by another prisoner who was undergoing unbearable tortures
          but later rejected his own testimony. Acquittal is extremely seldom for
          Chechens; in this case, Spanish diplomats watched the case.
          Nevertheless, after the acquittal, when monitoring was lifted, the "law
          enforcement" officers attempted to forge another criminal case on
          Gasaev. Only thanks to the human rights activists he was finally left
          alone. He probably left Russia again. He is lucky. Not so lucky are
          other Chechens, though.

          Also, here is the case of Zaurbeck Talkhigov. Talkhigov is a Chechen who
          used to live in Moscow. A small business owner, he had nothing with the
          war. During the Moscow theater siege in Oct. 2002, Aslanbek Aslakhanov,
          State Duma member, called on the Chechen Diaspora in Moscow to come to
          the theater and try to convince their compatriots to set the hostages
          free. Talkhigov came on Aslakhanov's call. Aslakhanov gave him a phone
          number for the hostage-takers leader, Baraev. Talkhigov called him under
          the FSB officers' control and tried to convince Baraev to let the
          hostages go. Immediately after his call, Talkhigov was arrested and
          charged with aiding terrorists.

          He was sentenced to 8 years of imprisonment. In a prison in the city of
          Syktyvkar (Komi Republic, RF) he was beaten on daily basis; also, during
          food distribution by the prison staff, he was intently given a spoon
          from a barrack where prisoners with TB and other infectious diseases
          were kept. In June 2006, he got sick and has been diagnosed of hepatitis
          C. He was refused of a most-necessary surgery.

          These are just some examples out of several hundreds documented "Chechen
          criminal cases" and extrajudicial executions of Chechens. These examples
          show systematic nature of persecution of all Chechens who are or
          suspected to be involved into the war. These episodes prove high
          possibility of the similar fate for Aslan Kagermanov. These examples
          show direct threat to Kagermanov's life and safety in case of his forced
          return to Chechnya.

          I call on readers who can help me to save just another life of a person
          who happened to belong to a nation that counts hardly a million at all.
          Please write emails or send faxes to Croatia's president and minister of
          interior (I did it already). I hope we will safe Aslan Kagermanov's
          life.

          ChechenCenter.info

          http://chechencenter.info/n/breaking-news/34-breaking-news/1554-1.html




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