February 4, 2000
Acting President Vladimir Putin
The Kremlin Moscow - Russia
Dear Mr. President,
On behalf of Human Rights Watch, please accept my greetings.
We are writing to you today to express our utmost concern about the fate
of Radio Liberty journalist Andrei Babitsky, who was detained by Russian
forces about two weeks ago, and, according to a Russian government
spokesman, was handed over to a Chechen military unit on February 3,
2000 in exchange for two Russian prisoners of war. Since the reported
handover, neither Mr. Babitsky's family nor anyone else has heard from
him and, more than twenty-four hours after he was reportedly released,
his whereabouts remain unknown. Human Rights Watch is gravely concerned
about Mr. Babitsky's security, and calls on you to clarify the exact
circumstances surrounding Mr. Babitsky's release, and to provide
credible evidence that he was released in good health.
Mr. Babitsky, a ten-year-veteran reporter for the U.S.-sponsored Radio
Liberty, had been reporting from the besieged capital of Grozny. His
reporting was often critical of the Russian government's conduct of the
war, and Russian officials had often accused Babitsky of being
pro-Chechen in his accounts. Babitsky was initially reported missing on
January 15, 2000. After denying for five days that they had detained
Babitsky and suggesting that he may have disappeared at the hands of
Chechen rebels, Russian authorities finally admitted on January 28, 2000
that Babitsky was in their custody.
According to Russian news reports, Babitsky was detained by the Russian
security service. The Interfax agency reported that Babitsky was charged
with "taking part in an illegal armed formation," but this report has
not been confirmed by Russian authorities. Ministry of Interior
officials said on national television that Babitsky had been detained
because he was not properly accredited. Babitsky was held incommunicado,
without access to his lawyer or any communication with his family during
the full period of his detention.
Mr. Babitsky's detention and later treatment violates Russian and
international law. According to Human Rights Watch's information, Mr.
Babitsky was only doing his job as a journalist in Chechnya when he was
detained. There is no evidence that he was involved in any illegal
activities, as the Russian government now claims. His apparent lack of
accreditation would not justify his detention for over two weeks under
Russian law, and is a clear violation of international standards
ensuring freedom of the press. It is also unclear why Mr. Babitsky was
held for such a long time while several other journalists who had no
accreditation were only for a short period and then released. What is
more, according to both international and Russian law, Mr. Babitsky
should have been promptly granted access to
a lawyer and should have been given the opportunity to notify his family
of his whereabouts.
Initially, in late January, Russian officials informed Radio Liberty
that Babitsky would be released under so-called "city arrest," which
would prevent him from leaving Moscow. City arrest is commonly applied
to persons under criminal investigation.
However, on February 3, Sergei Yastrzhembsky, Russia's spokesman for the
war effort, announced that Babitsky, an ethnic Russian, had been handed
over to a Chechen rebel unit in exchange for two Russian prisoners of
war at around 3:00 p.m. on February 3. He showed a statement Babitsky
was said to have signed on January 31 agreeing to the exchange. Russian
television later broadcast footage of what it said was Babitsky's
handover, showing an unshaven Babitsky being escorted by Russian
soldiers along a road and then given to two unidentifiable unarmed man
wearing camouflage jackets and masks. There is also no indication of the
date when the footage was shot. Several Chechen rebel sources have
denied that the handover took place.
Not only was Mr. Babitsky's initial detention a violation of
international human rights law, but his exchange for Russian prisoners
of war clearly violates international humanitarian law. The Russian
government essentially treated Mr. Babitsky, a noncombatant and a
Russian journalist, as if he were a hostage who was captured from enemy
territory and then traded to the enemy for gain. The practice of taking
noncombatants hostage is explicitly prohibited by common article 3 of
the 1949 Geneva Conventions and article 4 of Protocol II. Russia's
treatment of Mr. Babitsky thus runs counter to the spirit of common
article 3 of the 1949 Geneva Conventions and Protocol II.
It is also highly questionable whether Mr. Babitsky voluntarily agreed
to the exchange procedure, as the Russian government claims. By January
31, the date of Babitsky's signature, he had been held in incommunicado
detention for over two weeks without access to a lawyer. However,
whether he agreed to be turned over to the Chechen side or not, this
does not minimize Russia's obligation to insure his safety.
The claimed handover of Babitsky to Chechen rebels violates article
5(2e) of Protocol II which states that the physical or mental health and
integrity shall not be endangered by any unjustified act or omission."
It also violates article 5(4) of Protocol II, which states that "if it
is decided to release persons deprived of their liberty, necessary
measures to ensure their safety shall be taken by those so deciding." By
releasing Mr. Babitsky to a Chechen rebel unit in the middle of a war
zone, Russia clearly failed to ensure Mr. Babitsky's safety. In fact,
Mr. Babitsky should never have been held inside Chechnya. Article 5(2c)
of Protocol II requires that places of detention "shall not be located
close to the combat zone."
Human Rights Watch is deeply concerned over Babitsky's's well-being both
at the time of the claimed handover and at present. Babitsky was held in
Russian detention for more than two weeks, during which he was not
allowed any contact with the outside world. This raises serious concerns
about the conditions of his detention and the treatment he received. The
footage shown on Russian television does little to alleviate these
concerns. The footage shows a subdued though not visibly physically
injured Babitsky being handed over to two unidentifiable men wearing
masks. It is not even possible to tell from the footage whether these
men are in fact Chechens. Disturbingly, nobody has heard from Babitsky
even though he was more than twenty-four hours have passed since his
"release." It is thus neither clear whether Babitsky was in good health
at the time of the claimed exchange nor whether he is now.
Mr. President, the Russian government is not only directly responsible
for the treatment Andrei Babitsky received in Russian detention, it also
is responsible for his fate after his claimed handover to Chechen
rebels. We call on you:
* To clarify the exact circumstances surrounding Mr. Babitsky's
release;
* To provide the identity of the Russian and Chechen military units
present at the time of Mr. Babitsky's "release";
* To provide credible evidence that he was released in good health, and
that his treatment in Russian detention was conform international
standards; and
* Take all necessary measures to locate Mr. Babitsky and insure his
safety.
We look forward to your response.
Yours sincerely,
/s/
Holly Cartner
Executive Director
Europe and Central Asia division
Human Rights Watch
