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Rusia mantén na impunidade asasinatos, “desaparicións” e torturas en Chechenia (informe de HRW)

Human Rights Watch (HRW) publicou hai uns días un informe sobre Chechenia, centrado na falta de colaboración e no incumprimento por parte de Rusia das sentencias do Tribunal Europeo de Direitos Humanos en casos de “execucións extraxudiciais”, “desaparicións” e torturas.

O informe leva por título “Who Will Tell Me What Happened to My Son?” Russia’s Implementation of European Court of Human Rights Judgments on Chechnya. Copio un extracto da súa introducción:

The European Court of Human Rights (ECHR) has issued 115 judgments to date on cases concerning serious human rights violations in Chechnya. In nearly all cases, the court has held Russia responsible for enforced disappearances, extrajudicial executions, torture, and for failing to properly investigate these crimes.

Following a judgment, Russia has an obligation not only to pay the monetary compensation and legal fees awarded by the court, but also to implement measures in each individual case to rectify the violations, as well as adopt policy and legal changes (also known as general measures) to prevent similar violations from recurring. Russia generally has paid the compensation and legal fees mandated in ECHR rulings on Chechnya in a timely manner. However, it has failed to meaningfully implement the core of the judgments: it has failed to ensure effective investigations and hold perpetrators accountable.

HRW undertook research in July and August 2009 to examine Russia’s implementation of ECHR judgments on Chechnya through interviews with applicants and examination of relevant legal documents. This report, based on materials related to 33 cases, describes the problems that have plagued Russian investigations into these cases after the ECHR judgments were handed down.

First, and most significantly, as of this writing no perpetrator in any of these cases has been brought to justice, even in cases in which the court has found that the perpetrators are known, and in some instances even named in its judgments. Other problems include: the state’s failure to inform the aggrieved parties about the investigation; failure to provide access to criminal case files; inexplicable delays in investigation; and legal obstacles preventing investigators from accessing key evidence held by Russian military or security services. These same failures had plagued earlier investigations into abuses in Chechnya and had led the court to find violations related to the investigations.

In addition, in a new and very troubling trend, the investigative authorities have flatly contested several of the ECHR’s judgments apparently in order to justify closing investigations and refusing to bring charges against perpetrators. This has occurred even in cases in which those responsible or their superiors are known and named in ECHR judgments, or could readily be known.

Russia has shown resistance to cooperating with the court in other ways. In 40 judgments on cases from Chechnya, the ECHR found that Russia’s refusal to share with the court documents from the criminal case files had violated its obligation to “furnish all necessary facilities” to support the court’s examination of a case.

Russia’s failures to implement judgments and effectively investigate violations contravene its obligations under the European Convention on Human Rights. […]

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30 Setembro 2009 - Posted by | Human Rights, Human Rights Watch, Politics, Russia

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