Military

The Chechen "diaspora" in other regions of Russia reaches today 500,000 persons, including up to 250,000 in Moscow.

According to some estimates, the Russian population in Chechnya accounts now for no more than 20,000 persons i.e. has reduced 10 times as compared to 1991.

4. The prime cause of the Chechen tragedy was the seizure of power by the illegal regime of D. Dudaev. As noted in the decision of the Constitutional Court of the Russian Federation of 31 July 1995, an exceptional situation had developed in the territory of the Chechen Republic which is a constituent entity of the Russian Federation: "the validity of the Russian Federation's Constitution and federal laws was denied, the system of legitimate authorities was destroyed, regular illegal armed groups equipped with modern arms were created, massive violations of human rights and freedoms took place".

D. Dudaev brought together and headed most extremist, nationalist groupings consisting inter alia of criminal elements. In realizing his criminal plan in August 1991 he seized the premises of the republican TV Center in Grozny, as well as those of the Supreme Soviet and the Council of Ministers of the Chechen-Ingush Republic. On September 6, 1991, the supporters of D. Dudaev burst into the House of Political Education in Grozny, where a session of the Supreme Soviet of the Republic was held, in order to terminate its activities; they attacked the legally elected Chairman of the Supreme Soviet D. Zavgayev and beat him.

Desirous to make his coming to power look legitimate, on October 27, 1991, D. Dudaev in violation of Articles 70, 72, 81, 131, 131-1 of the Russian Constitution which was in effect at that time held illegitimate, in the conditions of a coup d'État, elections of the President and the Supreme Soviet of the so-called Chechen Republic of Itchkeria. He continued the policy of territorial and economic alienation of the Chechen Republic from the Russian Federation by refusing to sign the Treaty of Federation and began to undertake unilateral actions aimed at withdrawing the Chechen Republic from the Russian Federation. On D. Dudaev's personal order his supporters wrecked in 1993 the referendum on the status of the Chechen Republic within the Russian Federation.

Inspite of the fact that in accordance with the Russian Constitution the creation of armed forces is an exclusive prerogative of the Russian Federation, D. Dudaev created in Chechnya illegal military units acquiring arms and ammunition for them in a criminal way.

In order to illegally keep power D. Dudaev, using such units, organized as of December 1994 armed resistance to the federal forces and personnel of the Ministry of the Interior and the Federal Counterintelligence Service of the Russian Federation who were restoring constitutional order in the Chechen Republic, which resulted in the loss of many human lives.

5. The conclusion on August 31, 1996, of the Khasavyurt agreements and the election in February 1997 of A. Maskhadov President of the Chechen Republic opened up an opportunity to form a legal basis for relations between the Russian Federation and its constituent entity - Chechnya and to restore law and order in the Republic. The federal authorities were ready to seize this opportunity in spite of the doubtful legitimacy of A. Maskhadov who had not been elected in accordance with the Russian laws.

However, instead of directing the emerging process of crisis settlement into a constitutional channel the authorities of the Chechen Republic preferred to take a different course. The Republic turned into an enclave managed by terrorists and drug and arms traffickers.

6. The Shariah law was introduced in the Republic (February 1999) by A. Maskhadov's decrees. Consequently, all legislation was to be based on the Koran and Shariah norms, which contradicts inter alia the Khasavyurt agreements that contain a provision on "protecting without reservation the human and citizens' rights and freedoms without any discrimination on national, religious, residence or other grounds, and suppressing acts of violence against political opponents, guided by the Universal Declaration of Human Rights of 1949 and International Covenant on Civil and Political Rights of 1966".

As is known, on May 16, 1996, the President of the Russian Federation issued a decree introducing a moratorium on the execution of death sentences and since then no death sentence has been executed in Russia. Moreover, by its decision of February 2, 1999, the Constitutional Court of the Russian Federation actually suspended the delivery of death sentences in Russia. On August 6, 1999, the Government of the Russian Federation submitted to the State Duma of the Federal Assembly for ratification the Protocol No. 6 to the European Convention on Human Rights concerning the abolition of the death penalty.

In the context of such efforts the introduction by the authorities of the Chechen Republic of capital punishment on the basis of Shariah was perceived as a challenge to the whole constitutional and legal system of the Russian Federation. Public executions on the order of Shariah's courts have caused indignation and revolt among the Russian public.

The Shariah norms are reverting modern society to the system of barbaric penalties such as mutilation by cutting fingers and limbs even for minor crimes, which grossly violates not only the European Convention on Human Rights but also the European Convention on the Prevention of Torture and Degrading Treatment.

I would like to recall that these "innovations" were extremely negatively taken by the reputable international organizations.

7. Lord Russel-Johnston, President of the Parliamentary Assembly of the Council of Europe, after signing by A. Maskhadov the decrees aimed at introducing in this Republic a new constitution based on the Shariah norms, on February 4, 1999, urged all the interested sides to ensure that the new legislation of Chechnya is consistent with the norms of the Council of Europe . He also condemned public executions in Chechnya by qualifying them as barbaric acts and flagrant violations of human rights. Having recalled that the Constitution of the Russian Federation and the European Convention on Human Rights do apply to all constituent entities of the Russian Federation the President of the PACE called on A. Maskhadov to stop those barbaric practices .

8. The Assistance Group of the OSCE to Chechnya, which was given a mandate inter allia to promote respect for human rights and fundamental freedoms and to identify their violations, help foster the development of democratic institutions and processes . In one of its reports the Assistance Group in particular stated that the introduction of the Shariah law contravenes the Charter on the Fundamental Rights and Freedoms, seriously hampers the Group's mandate. The system also leads to human rights violations, especially to discrimination of political rights of non-Muslims .

The Group has analyzed the so-called Chechen Criminal Code that is based on the Shariah law to demonstrate that the Code grossly violates the human rights standards of the OSCE . These violations concern both the relations of individuals with the administrative system and the individual rights (crimes against the honour and dignity of the person, public morals or religion).

The Group's reports show that the deprivation of rights has become a norm of life in Chechnya. Abductions, murders and provocative attacks on the Russian law enforcement officers and servicemen, on the population of the neighbouring North Caucasian republics have turned Chechnya into a hotbed of crime and terrorism and stirred up anger in Russia at the lawlessness which was ruling in Chechnya.

For more details about developments in Chechnya see the reports of the OSCE Assistance Group contained in Annex 1 to this letter.

9. Taking hostages, including foreign nationals, has become a policy of the criminal Chechen authorities.

According to the Ministry of the Interior, by the end of 1999 the number of hostages had totaled 506 persons, including 53 women, 18 minors and foreign nationals from 6 countries.

In 1991-1999, 46,000 people were abducted and enslaved. 62 gangs numbering about 2,500 bandits were engaged in the "business".

The facts about the hostages in Chechnya are contained in Annex 2.

10. Along with crimes against the person the illegal armed groups committed a number of economic crimes including production and circulation of counterfeit US dollars.

In the second half of 1998, many attempts to legalize the counterfeit US dollars of the Chechen origin through the financial and banking institutions of the Russian Federation were aborted in the remote areas of Siberia, the Far East and the Volga region. By the fourth quarter of 1999 over one million counterfeit US dollars had been withdrawn from the illegal circulation in the Primorsky territory of the Russian Federation and about 100,000 counterfeit US dollars in the Magadan region (all of them in 100-dollar notes of the 1996 series). Appearance of both Russian rubles and US dollars of "Chechen origin" in 1998-1999 was registered in many constituent entities of the Russian Federation, in particular in the Amur, Ivanovo, Vologda, Moscow and Tyumen regions, the Republic of Karachayevo-Cherkessia and in the city of Moscow.

One could "order" in advance any amount of forged notes in Chechnya. According to available information they were fabricated both in the Chechen Republic (in Argun and Grozny) and outside Russia and were subsequently smuggled in from the territories of neighbouring states.

11. The Chechen territory has also become a criminal zone of industrial production of drugs. So far three heroin producing factories have been identified: in the settlement of Kalinin in the suburbs of Grozny, in the "Energetik" sanatorium in the district of Shali (controlled by Sh. Basayev) and in the "Zorka" children's camp (controlled by international terrorist Khattab). Moreover, Chechnya has become a channel of drug transit from Turkmenistan, Iran, Pakistan, Turkey and Afghanistan to Baltic states, Great Britain, Spain and other European states.

12. By the end of the 90's the Chechen territory virtually became an outpost of religious extremism and terrorism, directed not only against Russia but other countries, too.

Numerous documented data, including evidence provided by Russian citizens detained by the federal forces for organizing terrorist acts in the North Caucasus region, unequivocally testify to the existence of a whole network of terrorist training camps - "Khattab's schools" - within the Chechen Republic. They are located in many settlements and their suburbs, in particular in the cities of Grozny and Urus-Martan, in the settlements of Serzhen-Yurt, Avruti and a number of others.

Emissaries of illegal armed groups recruited in the territory of Russia volunteers to undergo training in Khattab's field camps in Chechnya. In 1996-1997, a ramified and well hushed up network of sherpas assisting in transporting Russian citizens to Chechen camps was created. Following a 4-month special training in military camps they returned to their former places of residence and joined those who propagated the so-called "pure Islam'' and Jihad against infidels as well as recruiters and sherpas for Chechen terrorist training centers. In 1998-1999, an unprecedented intensification of these efforts was registered.

It has been proved that some international terrorists, including Georgian citizen Nugzar Chukhua, accomplice to an attempt on E. Shevardnadze, President of Georgia, in February 1998, was also trained in 1997 in Khattab's camp in Chechnya.

13. On August 1, 1999, illegal armed groups led by Sh. Basayev and Khattab raised an armed revolt against the legal government in Dagestan, a neighbouring constituent entity of the Russian Federation.

On August 10, 1999, the so-called "Islamic Shura" convened at the initiative of the above-mentioned persons in the Botlih district declared the secession of Dagestan from Russia and beginning of a holy war against "invaders". The "Shura" also adopted an appeal to "Islamic Chechen state and people" calling for support to the Muslims of Dagestan.

Sh. Basayev became an official head of the "armed forces of the Islamic Shura". He assumed the responsibilities of a "military Amir of the joint forces of Dagestan mojaheddins until a complete expulsion of Kaffirs (infidels) from the sacred land of Dagestan".

The mutiny of Chechen terrorists was suppressed by vigorous actions of federal forces with the support of local residents, who formed a 25-thousand-strong volunteer corps, and the authorities of Dagestan. The people of Dagestan clearly confirmed their intention to live within the Russian Federation. They rejected the attempts of extremists using Islamic slogans as a cover but, in the final analysis, violating the fundamentals of this religion to impose their will and rule on Dagestan.

14. The illegal armed criminal forces that took power in the Chechen Republic organized and carried out acts of terrorism in other constituent entities of the Russian Federation.

The latest acts of terrorism resulting in mass human casualties (over 1,500) were the explosions of apartment houses in the autumn of 1999 in Moscow, Volgodonsk and Buinaksk. The facts established by the criminal proceedings instituted in connection with those explosions testify to the involvement of "field commanders" of the illegal armed groups in the territory of the Chechen Republic, primarily Basayev, Raduyev, Khattab (the Interpol issued a warrant for their arrest).

During the investigation, the organizers and direct perpetrators of the said acts of terrorism - A. Gochiyayev, D. Saitakov, and others were established and put on the "wanted" list, including the international one (appropriate warrants were issued by the Interpol). It was found out that they had been recruited by an emissary of Khattab at whose military camps they underwent special sabotage and combat training in the territory of Chechnya after which they took part in combat actions against the federal forces. Having executed the acts of terrorism their principal organizers and perpetrators entered the Chechen Republic using forged documents.

15. During the whole period since the signing of the said Khasavyurt Agreements the federal authorities patiently worked for its implementation, looked for every opportunity to restore law and order in the Chechen Republic by peaceful means. In 1997, President of the Russian Federation Boris Yeltsin met with A. Maskhadov in Moscow. In 1998, the then head of the Russian government Yevgueny Primakov met with him in Vladikavkaz. A. Maskhadov was repeatedly invited to dissociate himself from criminal structures and terrorist elements, to take steps to stop their illegal activities. But he was unwilling to do so. The situation in Chechnya continued to deteriorate.

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16. The antiterrorist operation of the federal forces in the Chechen Republic began immediately after the attack by illegal armed groups on the neighbouring constituent entity of the Russian Federation - the Republic of Dagestan, and acts of terrorism in Moscow and a number of other Russian cities.

The decision to conduct the operation was taken under the real threat to the territorial integrity of the Russian Federation, to the lives and safety of many of its citizens. It is in full conformity with the Code of Conduct on Politico-Military Aspects of Security adopted by the 1994 OSCE summit in Budapest. Paragraph 6 of this document directly states that the participating states "will take appropriate measures to prevent and combat terrorism in all its forms", while paragraph 25 reads as follows: "the participating states will not tolerate or support forces that are not accountable to or controlled by their constitutionally established authorities". In settlement of the ongoing crisis in the Chechen Republic, the Russian Federation proceeds from the assumption that the stage of an armed fight with members of the Chechen terrorist groups, with whom a rule-of-law state can have no talks whatsoever except about their voluntary surrender to be tried in court, should be passed at a minimum cost. Criminals are given strictly individual treatment in accordance with the current legislation of Russia.

On December 13, 1999, the State Duma of the Federal Assembly of the Russian Federation adopted a Resolution on Amnesty for persons who committed socially dangerous acts in the course of the antiterrorist operation in the North Caucasus (see Annex 3 for excerpts from the Resolution).

Moreover, the State Duma further adopted a resolution on the amnesty application. It provides that the Resolution on Amnesty applies to persons who committed the acts specified therein in Chechnya, Ingushetia, North Ossetia - Alania, Dagestan, and Stavropol territory between August 1, 1999, to the effective date of the Resolution on Amnesty, and who ceased armed resistance and surrendered weapons and military equipment by midnight February 1, 2000.

The so-called decree of "amnesty" signed by A. Maskhadov could be cited for comparison. The decree is intended against residents of the Chechen Republic involved in the restoration of constitutional order. The Chechens suspected of cooperating with the lawful authorities of the Russian Federation are sentenced to death without limitations.

Among those slated for prosecution is the Mufti of Chechnya, A. Kadyrov, whom A. Maskhadov branded a "No.1 enemy to be executed" after he spoke out against the meaningless confrontation with the federal authorities. This outrageous order aroused deep indignation among all Muslims of the Russian Federation.

As a result of the antiterrorist operation, a considerable part of the territory of Chechnya (over 80%) was by now cleared of bandit groups. The military stage of the operation is drawing to a close to be followed by political settlement on the basis of strict respect for the Constitution of the Russian Federation.

17. The federal troops in Chechnya are not confronted by separate terrorist groups but by a well armed and trained army of some 25,000 men (including up to 2,000 foreign mercenaries). They were equipped with 28 battle tanks, 61 armored personnel carriers and armored infantry vehicles, 14 anti-aircraft guns, a battery of Grad multiple launch rocket systems, twenty 152-mm guns and 120-mm mortars, a considerable number of 82 mm mortars, hand-held anti-tank grenade launchers, anti-tank missiles, man-portable air defense systems, various types of small arms, including of large caliber, and also satellite communication systems.

It is quite evident that the classic secret service methods could not be used to conduct a special operation against such a large number of armed fighters. The situation required a large-scale police operation with the involvement of a military contingent.

The objective of the antiterrorist operation in Chechnya is not aimed against civilian population; its purpose is to protect the innocent lives from terrorist atrocities. The force applied in the course of the operation is commensurate with the scale of the threat. The units engaged have been ordered to act in a sparing way in human settlements based on the purpose of protecting civilian population, to deliver strikes solely against armed militants, their positions, depots and strongholds, and to avoid damage to civilian population and facilities. The federal forces are undertaking all necessary measures to liberate human settlements without assaults or other massive actions, with no casualties or destructions and on the basis of agreements with population representatives. That is how four out of five cities and over half of 122 human settlements were liberated, including Gudermes and Achkhoi-Martan. Whenever militant formations put up active resistance, special security corridors are set up for the civilian population to leave the area of probable clashes. All civilians who have fled the hostility areas are granted access to safe districts, temporary accommodation, health care and food.

Personnel of the federal forces get systematic legal training aimed at developing humane attitude towards the civilian population without distinction as to nationality or religious beliefs. The military prosecutor's office systematically supervises the observance of law and order. Since the beginning of the antiterrorist operation 129 criminal cases have been initiated within the federal troops.

There are no "filtration camps" in the region. Displaced persons are only checked to identify terrorists and find weapons while passing through the check-points. These are the necessary measures to ensure security within reasonable sufficiency.

Naturally, in conducting a military operation of such a scale casualties among the civilian population cannot be fully avoided. This, incidentally, is the goal of the militants' tactics who deploy heavy armaments within human settlements, quite often near kindergartens, schools and hospitals. The actual civilian causalities are, nevertheless, not massive. All possible measures are taken to reduce them to a minimum. In difficult cases of fighting within human settlements the federal troops display patience and restraint, and act to gradually dislodge the bandits. This is one of the reasons why the antiterrorist operation in Chechnya has been taking so long.

The illegal armed groups are waging a large-scale disinformation campaign among the public opinion as to the nature of their activities, actions of the Russian troops, casualties and destruction. These groups have established special structures to produce and distribute faked video and audio information and other materials. They have used over 100 Internet sites provided by international terrorist and extremist organizations.

18. As a result of the antiterrorist activities a mass exodus from the Chechen Republic began in mid-September 1999. (For more information about the migration situation see Annex 4.)

As of December 20, 1999, 267,600 people from the Chechen Republic were registered under Form No. 7 ("Registration of families arriving in emergency situation") by the migration services of the Republic of Dagestan, the Republic of Ingushetia, the Republic of North Ossetia-Alania and the Stavropol territory of the Russian Federation, including 251,200 people in the Republic of Ingushetia; 6,500 in the Republic of Dagestan; 5,700 in the Republic of North Ossetia-Alania; 3,900 in the Stavropol territory; and 4,500 in Georgia. 760 of them were sent to the temporary accommodation centers of the FMS of Russia, and 37,700 left for other regions of Russia to their relatives and friends for permanent or temporary stay.

Despite the difficult humanitarian situation there is no humanitarian catastrophe in the region, which was confirmed by a number of international delegations that had visited the region as well as by Ms. S. Ogata, the UN High Commissioner for Refugees. To support the everyday life of people who left the Chechen Republic and were settled in the territory of the Republic of Ingushetia the FMS of Russia supplied: 440 tons of foodstuffs; 120 tents; more than 8,800 blankets; more than 9,400 mattresses; more than 7,600 pillows; more than 13,400 bed-clothes sets; 300 ovens; more than 1,800 kitchen sets; 3 tons of medical items; 698 beds; more that 1,7 tons of sanitary and hygienic materials. Work is being done on a permanent basis to deliver foodstuffs (for more information on delivery and distribution of humanitarian aid in the region see Annexes 5 and 6).

To implement activities of reception, registration, accommodation and provision of food for citizens who left the Chechen Republic the Government of the Russian Federation decreed to allocate 272 million rubles from its Reserve Fund.

Since October 4, 1999, all those wishing to go (at the expense of the federal budget) to other constituent entities of the Russian Federation for permanent or temporary stay receive prepaid tickets for travel to the place of destination they specify themselves. Two additional passenger trains leave Nazran every day. Carriages for temporary accommodation of citizens leaving for other constituent entities of the Russian Federation were provided at Mineralniye Vody, Mozdok and Nazran railway stations where missions of territorial organs of migration services were opened. They issue travel documents, organize meals and forwarding for departing persons.

Since December 12, 1999, the Office of the FMS of Russia in the Chechen Republic organized the registration of citizens who left the places of their permanent residence in the Chechen Republic. Under Form No 7 there were registered 5,382 people, including 1,811 in the Naur area; 1,950 in the Nadterechny area; 915 in the village of Sernovodsk; 706 in the village of Asinovskaya. A total of 80% of them came from Grozny. Preparations for reception of Russian citizens coming back to the Chechen Republic (as of now they already account for more than 40,000) are underway. Personnel for temporary residence settlements and foodstuffs are being provided in the villages of Znamenskoye, Sernovodsk and Asinovskaya.

The system of humanitarian aid distribution is functioning within a well organized mechanism. To minimize possible losses its delivery is under strict control along the whole chain from a donor to a beneficiary. The humanitarian component of the operation is coordinated by the Ministry for Emergencies and the Federal Migration Service of Russia.

19. In the liberated areas of the Chechen Republic measures to ensure law and order are taken immediately.

In November 1999, a provisional acting Prosecutor of the Chechen Republic was appointed and development of the work of prosecution bodies was ensured.

Development of local interior divisions and investigation bodies of the Ministry of Interior of Russia involving local officers of previously operating Interior Ministry bodies is at full swing.

Once the personnel are selected, heads of district administrations and settlements are appointed forthwith from among local residents.

20. Upon decision by the Government of Russia, more than 102 million rubles of budget appropriations have been allocated for the restoration of the social and economic infrastructure of the Chechen Republic within its share in the 1999 fiscal year.

The sum is distributed in the following way: payment of government benefits to citizens with children - 11,2 million rubles; salaries to education personnel - 10 million rubles, to culture workers - 2,8 million rubles, to health personnel - 4,1 million rubles; procurement of medicines - 4,1 million rubles, medical equipment - 26 million rubles; purchase of ambulances - 2 million rubles; maintenance of health care facilities - 30 million rubles. 12 million rubles are earmarked to executive authorities of the Chechen Republic and district administration.

In 2000, the Government of the Russian Federation has allocated 3 billion rubles for restoration of Chechnya.

21. Peaceful life is restored in the Chechen settlements liberated from bandits. Schools are opening again for the first time over the last three years (46 schools out of 67 are already being attended). Some enterprises have started to operate. Heat supply is being restored. The newspaper "Free Chechnya" is published today.

On the whole, as of December 15, 1999, power supply has been provided to 70 out of 100 settlements liberated by the Federal troops, and gas supply - to 67.

The engineer units of the federal troops have started clearing mine fields and restoring oil pipeline in the settlement of Tolstoy-Yurt of the Republic's Grozny (rural) district. The Ministry of Railways of Russia has started regular cargo traffic to the Gudermes railway station.

22. In alleviating the humanitarian situation in the Northern Caucasus the Russian side demonstrates maximum openness for dialogue with international organizations. Nine international delegations visited the region from October to December, 1999, including the UN High Commissioner for Refugees S. Ogata, the Commissioner for Human Rights of the Council of Europe A. Hill-Robles, the OSCE Chairman-in-Office K. Vollebaek.

At present, the International Red Cross Committee, the International Federation of the Red Cross and Red Crescent Societies together with the Russian Red Cross Society are implementing programs of humanitarian and medical assistance to internally displaced persons in the North Caucasus region. The International Red Cross Movement has requested for these purposes from the governments and donor organizations 18 million Swiss francs (about 12 million US dollars).

In Ingushetia, the ICRC helped equip five hospitals. It also finances the daily provision of bread to 30,000 internally displaced persons and cooking of several thousand hot meals. Similar assistance is provided to 30,000 IDPs in Chechnya and 20,000 IDPs in the neighbouring constituent entities of the Russian Federation.

The European Bureau of the Office of the UN High Commissioner for Refugees (UNHCR) is, in general, satisfied with the progress of the UN humanitarian operation in the North Caucasus and the level of cooperation with the Russian authorities. The 19th UNHCR convoy with humanitarian assistance for displaced persons was dispatched to Nazran on December 28, 1999. As of December 20, 1999, the UNHCR received from the donor community $ 7.9 million, out of $ 8.5 million requested in November 1999 under an urgent appeal for the North Caucasus (about $ 4.5 million have already been spent).

Russia has repeatedly confirmed and confirms once again its willingness to ensure conditions needed for the work of international organizations providing humanitarian assistance to internally displaced persons. Its safe delivery and distribution will be arranged through federal channels existing in Russia with proper provision for the safety of international monitoring personnel.

23. The large-scale antiterrorist part of the operation of the federal forces will be completed in the nearest future. After that the antiterrorist activities will proceed in a regular terrorism control fashion accepted all over the world. The next step will be the "passportization" of the population of the Republic, including returnees. Then we plan to hold elections, in a peaceful and democratic atmosphere, to replace the appointed authorities with elected ones. The elections will be followed by talks with the newly elected government of Chechnya on the status of the Republic within the Russian Federation. That will be the final stage of the peace process.

While in the process of post-conflict rehabilitation and restoration of democratic institutions and human rights in the Chechen Republic, Russia will be open for cooperation with all competent international organizations, including, first of all, the UN, OSCE and the Council of Europe.

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24. The antiterrorist operation is conducted in full compliance with international obligations of Russia.

Article 15 of the European Convention on Human Rights provides for the possibility of derogation by a state from its obligations under the Convention "in time of war or other public emergency threatening the life of the nation".

Article 15 of the Convention stipulates that its provisions cannot be invoked with a view to derogating from Article 2 which guarantees the right to life, "except in respect of deaths resulting from lawful acts of war". In accordance with Article 2 of the Convention, deprivation of life is not regarded as inflicted in contravention of that Article "when it results from the use of force which is no more than absolutely necessary", including "in defense of any person from unlawful violence" and "in action lawfully taken for the purpose of quelling a riot or insurrection".

The actions of the Russian authorities during the antiterrorist operation in Chechnya are based on Russian legislation. The Federal Law on Defense of 1996 envisages that defense means a "system of political, economic, military, social, legal and other measures to prepare for armed protection and the armed protection of the Russian Federation as well as the integrity and inviolability of its territory" and determines powers of state authorities in case of need to use the armed forces. The Federal Law on Combating Terrorism of 1998 establishes a detailed list of measures which authorities can take to suppress terrorist activities.

The Decision of the Constitutional Court of the Russian Federation of July 31, 1995, points out that the Constitution of Russia "does not presuppose that in extraordinary situations state integrity and the constitutional order can be ensured exclusively through the declaration of state of emergency or imposition of martial law".

The same Decision of the Constitutional Court states that the "international treaties to which the Russian Federation is a party and which, in accordance with Article 15, 4 of the Constitution of the Russian Federation, are an integral part of its legal system also proceed from the possibility of using the Armed Forces for protection of the national unity and territorial integrity of the state".

In terms of its basic provisions, the Decision of the Constitutional Court is also applicable to the current developments in the Chechen Republic.

Measures taken by the federal authorities in conducting the antiterrorist operation in Chechnya are fully compatible not only with the ECHR but also with other obligations of the Russian Federation under international law including international humanitarian law.

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National accord in Russian society on the fundamental aspects of the Chechen problem settlement requires the federal authorities to eliminate, at last, the hotbed of terror and lawlessness in the Chechen Republic and the underlying causes.

The power component of the antiterrorist operation by the armed forces in the Chechen Republic is applied lawfully under an efficient state and civil control in accordance with the provisions of the Constitution, laws and regulations of the Russian Federation and in compliance with Russia's international legal obligations.