Thomas Hammarberg visits Kabardino-Balkaria

In the Kabardino-Balkarian Republic (KBR), Thomas Hammarberg, the Commissioner for Human Rights of the Council of Europe, was interested in the issues of human rights in enforcement of judicial decisions, actions of power agents, the progress of the trial on the case of the attack on Nalchik in 2005.

On May 15, at the meeting with the members of the Government of the KBR, Thomas Hammarberg said that he had visited the SIZO (pre-trial prison) of Nalchik, talked with the detainees, examined their custody conditions and met the employees of the Republic's Prosecutor's Office.

In the course of the meeting, where Boris Zumakulov, the Ombudsman in the KBR, was also present, the observance of human rights in the republic was discussed.

Boris Zumakulov noted the recent increase in the number of citizens' applications. They relate mainly illegal court decisions, actions of inquiry bodies, preliminary investigation and red tape in the courts.

Mr Hammarberg said that the judicial red tape is "the worldwide problem."

"Among the complaints received by the European Court of Human Rights in Strasbourg, the complaints of the judicial red tape take a significant share," said the Commissioner of the Council of Europe.

Thomas Hammarberg expressed his concern about poor discipline with power agents in Northern Caucasus. In his opinion, their actions sometimes threaten lives of innocent people.

Ivan Gerter, Chairman of the Government of the KBR, said that the main thing for the authorities is "peace and tranquillity in the republic, namely, this is expected by its residents."

Thomas Hammarberg said that a detailed report will be prepared on the results of his voyage to be further submitted to the Council of Europe. It will contain recommendations on observance of human rights in the Russian Federation. Initially, the text of the report will be sent prior to Russian authorities for their remarks and comments.

On May 15, Thomas Hammarberg also met public activists of the KBR. One of the issues raised during the meeting was the situation in the Nalchik SIZO.

Valery Khatazhukov, a member of the Public Oversight Commission over Custodies in Kabardino-Balkaria, informed the Commissioner about his position, which assumes that detainees should not violate the custody regime; and at the same time, nobody should infringe detainees' rights, guaranteed to them by the Russian legislation. The point was mainly about the defendants in the criminal case on the attack on Nalchik on October 13, 2005. The rights defender treated the obstacles in meeting with lawyers and confiscation from some detainees of their indictments as gross violations of prisoners' rights. He also treated physical pressure on them as absolutely unjustified.

He also touched the topic of human rights violations by terrorists. According to his story, the problem of terrorism cannot be solved by force only. A comprehensive approach is needed, as well as a uniting ideology; it is also necessary to address economic and political problems.

Mr Khatazhukov also said that there are problems, which in the future may also contribute to destabilization of the situation. This is the curtailment of national and cultural programmes, reduction of teaching in native languages in schools, and exclusion of national and regional components from Russian educational programmes.

The problem of repatriation of compatriots from the Middle East was also touched on. According to the participants of the meeting, according to the Russian law, any repatriate should know the Russian language. Foreign Circassians (Adygs) do not speak Russian, but they speak the Kabardian (Circassian, Adyg) language, which in the three Adyg subjects is also a state language. The Russian Government could admit for Circassian immigrants the knowledge of this language as sufficient; they could learn Russian somewhat later, said the participants of the meeting.

They also addressed the issue of appointing the heads of subjects, instead of elections, which, according to their opinion, is a departure from the principles of federalism.