06.06.2003 - Source: BBC News

Amnesty approved for Chechen rebels who hand in their weapons or renounce the separatist cause by 1 September; the amnesty also applies for Russian troops ("Chechen amnesty approved") [#13653],  [ID 11820]

Document(s): Open document

14.05.2003 - Source: Council of Europe - Secretary General

Russian media announced that the amnesty law could enter into force by the end of May ("Twenty-seventh interim report by the Secretary General on the presence of the Council of Europe’s experts in the Office of the Special Representative of the President of the Russian Federation for ensuring Human Rights and Civil Rights and Freedoms in the Chechen Republic – period from 19 February to 13 May 2003 [SG/Inf(2003) 23]") [#14573],  [ID 11821]

"28. The issue of amnesty is also one of the main topics presently discussed within the Chechen population, although no draft of the amnesty law has yet been made public. Moreover, the Russian media announced that the amnesty law could enter into force by the end of May, following a vote by the State Duma. Information presently available shows that the draft would propose amnesty to all crimes with the exception of 3 categories: murders, house bombings and abduction crimes. It is rather unclear whether the future law will apply to members of illegal armed groups or to all, including representatives of federal and republican police, security and military forces who committed such crimes and offences. It is feared that the law on amnesty may be used to “wipe out” serious violations committed by members of the federal forces, thus leaving the population with a feeling that, in the name of reconciliation, these crimes will be left unpunished. It was also announced that the Special Representative, Mr Sultygov, has drafted a programme for the rehabilitation of one hundred former “rebels”, who could be accommodated in neighbouring republics."

Document(s): Open document
Addendum

11.2000 - Source: UN High Commissioner for Refugees

Amnesty regulations March 1997 - February 1998 ("Backgroundpaper on Refugees and Asylum Seekers from the Russian Federation, November 2000") [ID 11822]

"On 12 March 1997, the State Duma declared an amnesty for combatants in the war in Chechnya. The amnesty pardons all those who committed “socially dangerous acts connected with the Chechen conflict”. It is supposed to cover Russian soldiers who deserted or evaded conscription during the conflict. It also applies to draft evaders of the Chechen conflict, according to the State Duma Regulation of 10 June 1998. The Regulation is applicable to persons whose criminal actions had been started before entering into force of this Regulation, i.e. before 24 June 1998, and were finalized no later than six months following entering into force of the Regulation. The Regulation extends the Law “On Amnesty” to persons who committed the following crimes: arbitrarily leaving from a military unit or service place, desertion or draft evasion.

On 13 December 1999, the State Duma adopted the Regulation “On announcement of amnesty” with regard to those who committed criminal offences during the anti terrorist operation in the North Caucasus. The regulation is applicable to those who committed criminal offences on the territories of Chechnya, Ingushetia, North Ossetia Alania and the Stavropol Region, during the period of 1 August 1999 until 16 December 1999 (the date of entering into force of the Regulation), and to those who stopped armed resistance and voluntarily delivered arms. This amnesty is not applicable to foreigners, stateless persons, those who have been recognized as extremely dangerous recidivists and those who are accused of dangerous crimes such as murder, severe injury, kidnapping, rape, robbery, terrorism, theft of weapons, et cetera.

However, in spite of the declaration of the amnesty, the Soldiers’ Mothers Committee claims that many Russian soldiers released in Chechnya, are still being held in Russia under criminal investigation for desertion. They also mention cases of some Russian soldiers who are being detained in their military unit on charges of desertion.

Since February 1998, the Military Prosecutor’s Office has declared an operation “Deserter, Give Yourself Up”, under which all persons who have deserted the army in the past, can appear to the Office and voluntarily declare themselves. They would not bear criminal punishment for desertion, but the Military Prosecutor’s Office would check if they have committed any other criminal acts in their absence from the service. They will further be required to finish the term of service. The operation has been reported successful, with some 5,000 reporting to the Prosecutor’s Offices countrywide. Estimates indicate that there are as many as 1,500 deserters in Moscow alone; the Soldiers’ Mothers Committee says there are 12,000 nation-wide. There have been reports from some regions that deserters have been detained and facing criminal charges despite the amnesty, but these seem to be occasional “mistakes” by local authorities."

Document(s): Backgroundpaper on Refugees and Asylum Seekers from the Russian Federation, November 2000