CRIMINAL COMPLAINT AGAINST KADYROV

On 13 June 2008, Austrian lawyers on behalf of ECCHR filed a complaint against the Chechen President Ramzan Kadyrov on charges of torture and attempted duress. The chief witness, Umar Israilov, was shot dead in the streets of Vienna on 13 January 2009. The circumstances of the event show that Israilov was the victim of a politically-influenced contract murder. Israilov, considered a persecuted political refugee in Austria, had previously served as a chief witness in a court proceeding against Russia, held before the European Court of Human Rights (EGMR) in Strasbourg.

Prior to his murder, Israilov had reported that he had been illegally detained in Chechnya's Camp Tsentoroi from April to July 2003 and tortured repeatedly by President Kadyrov himself. Moreover, during his captivity at Tsentoroi and his forced labor for the Chechen security service that followed, Israilov witnessed numerous accounts of systematic torture and unlawful executions conducted by Kadyrov and his associates.

The criminal complaint filed by ECCHR contains detailed testimony from Israilov regarding the human rights abuses committed by Kadyrov and his subordinates, the so-called “Kadyrovsty”. These members are known to be involved in arbitrary detentions, kidnapping, blackmailing, and the harassment of family members, torture and unlawful executions. Unfortunately, Israilov and his family discovered these truths the hard way.

Israilov reported that, on 15 April 2003, Kadyrov and his bodyguards entered his cell and beat him unconscious with butts, pistol grips, and other instruments. “First, his bodyguards began to beat me,” Israilov recounted. “Then, Kadyrov himself hit me with his pistol and started kicking me. I tripped and lost consciousness.”

On other occasions, Israilov was tortured with electric shocks. In reference to Israilov’s testimony: “Kadyrov’s guards forced me to sit on an exercise machine and attached one cable to my ear and another to my pinky finger. Then, Kadyrov began turning the crank handle which delivered an electric shock. I felt an awful pain in my head and my hand.”

In addition, Israilov recalls being abused with a metal rod as thick as a finger and stabbed in his legs. The scars and burns caused by the torture that Israilov experienced during his four-month detainment were still visible years after the mistreatment had occurred. A medical evaluation confirmed that the physical injuries were compatible with the statements made by Israilov. Moreover, the Independent Office for Asylum (UBAS) approved the credibility of the allegations of torture and considered him a refugee.

Israilov’s father had undergone similar experiences. He, along with his wife and sister-in-law, were unlawfully arrested on Kadyrov’s order in autumn 2004. At this time, Israilov and his wife had managed to escape to Poland with fake passports.

Israilov’s father was also tortured and subjected to inhuman and degrading treatment by the security service in an attempt to encourage Israilov to move back to Chechnya. This continued for over ten months. Among other episodes, he was beaten unconscious while tied to a pool table and tormented with electric shocks.  During his imprisonment, he also witnessed systematic torture and mistreatments and is now willing to testify before court.

Ramzan Kadyrov, besides being strongly suspected of committing these ill-treatments, was also believed to have attempted grievous duress. In 2008, a male individual contacted Israilov and threatened him to withdraw his complaint before the EGMR and return to Chechnya. It is assumed that this man was instructed by Kadyrov. These warnings, directed at Israilov and his family, declared: “If we can clarify all issues on the phone tonight – talk to you – no harm will happen to you or those who are close to you... so nobody can touch them.”  Also: “It is only because you have children and a wife and because someone will go to your family and torments them – that is why I came.”

The seriousness of these threats was never doubted. It is mentioned in past reports by independent human rights organizations that the disappearance of family members and endangerment of lawyers is not unusual in Chechnya.

Kadyrov himself openly boasted about the policy of ‘clan liability’ and explained: “We will punish their relatives according to law ... and if there is no such law, we will ask for it; we will turn to the Russian State Duma and they will pass such a law so that it becomes possible to punish.”

Evidence and testimony against Ramzan Kadyrov prove that he is strongly suspected to have committed crimes such as torture and attempted grievous duress. In response, ECCHR has already informed the Austrian authorities on 13 July 2008 their plan to press criminal charges against him.

First, it is difficult to understand why the Austrian authorities neither started investigations in the first place nor issued an arrest warrant when Kadyrov visited Austria, as now confirmed by Austrian authorities, during Russia’s participation in the EM football games. There were numerous opportunities available since it was known that he was attending at least part of the games between Russia and Greece on 14 June 2008, between Russia and Sweden on 18 June 2008, and between Russia and Spain on 26 June 2008.

As per their response, the Prosecution of Salzburg claimed to be unable to issue an arrest warrant without first transferring the proceeding to the competent authorities in Vienna. Originally, however, the public prosecution declined to react because it was the weekend. Afterwards, without having questioned Israilov and without conducting any type of investigations, it refused to issue an arrest warrant against Kadyrov claiming that the evidence brought forward would be insufficient. 

Wolfgang Kaleck, Secretary General of ECCHR, has assailed the behavior of the Austrian authorities by saying that “these incidents are unacceptable for a constitutional state. Austria is obligated to intervene in such cases under the UN Convention Against Torture.”

Austria has ratified the UN Convention Against Torture in 1987. Article 5 (2) explicitly states that every contracted state is obligated to take the necessary measures “in order to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction.”

Manfred Nowak, UN Special Rapporteur on Torture, confirms that this implementation of the principle of universal jurisdiction obligates all 154 contracting states of the UN Convention against Torture to institute penal investigations against every person suspected of torture who is present in its territory – for whatever reason. This obligation stands irrespective of where the crime was committed and the nationality of the offenders and victims.

The only precondition necessary to establish the jurisdiction of the state is the presence of the alleged offender. Since Kadyrov remained in Austria during much of the European Championship, this precondition was clearly met.

Moreover, article 6 (1) of the UN Convention Against Torture reads that a Party State, “in whose territory a person alleged to have committed any offence referred to in article 4 is present, shall take him into custody or take other legal measures to ensure his presence.”
According to this provision, persons alleged of torture shall be arrested immediately and criminal investigations shall ensue.

The Austrian federal government understands that universal jurisdiction is applicable in Austria and affirmed that Austria “will make use of the jurisdiction according to Art. 5 of the Convention irrespective of the laws applicable at the scene of the crime.” Thus, the penal investigations against Kadyrov should have been instituted immediately while he was present in Austria.

As President of Chechnya, a non-sovereign federal state within the Russian Federation, Ramzan Kadyrov is unable to plead  personal immunity on any account.

Therefore, Austria did not meet its legal responsibilities regarding the UN Convention Against Torture to bring action against Kadyrov's allegations of torture. In addition, in January 2009 the Austrian police still refused to provide security protection to Israilov, his pregnant wife, or his three children. At this point, there was sufficient evidence indicating the preparation of a politically contracted murder and organized displacement of dissidents. The tragic consequence was the assassination of Israilov in Vienna on 13 January 2009.

What rests now is the hope that the Austrian authorities thoroughly investigate both the assassination of Israilov as well as the preliminary harassment and that the proceeding against Ramzan Kadyrov on charges of torture continue to be pursued actively.