Russie: des proches de l’avocat pour les droits humains Ilyas Timishev, détenus, questionnés et maltraités

Your Excellency,

I am deeply concerned following reports that three family members of human rights defender, Ilyas Timishev, have been detained, questioned and ill-treated in Chechnya since 15 July 2008. Ilyas Timishev is a human rights lawyer who has brought a number of cases before the European Court for Human Rights and is currently working to defend the rights of members of the Chechen police force who have not been paid.

On 15 July 2008, Ilyas Timishev was called to the Chechen Prosecutor's office, together with the applicants in the appeal on the non-payment of salaries and non-execution of court rulings. The Prosecutor requested that they consider reaching an agreement with the State on the issue. They did not reject the request but stated that they would need to assess the inflicted damage and interest for the period for which the court rulings have not been implemented (up to 3 years).

On 15 July 2008, during the night, Yunus Yakubovich Timishev and Aslambek Khizirovich Timishev were detained, and their home was searched, in the village of Aslambek-Sheripovo in the Chechen Shatoy district. Yunus Yakubovich Timishev is a school night-watchman and brother of human rights lawyer Ilyas Timishev. Aslambek Khizirovich Timishev is a third-year student at the Chechen State University and the nephew of Ilyas Timishev. On 16 July 2008, Arbi Kharonovich Timishev, another nephew of Ilyas Timishev, was also detained.

According to the reports received, Arbi Kharonovich Timishev was beaten up by police during his interrogation whilst in detention. The police reportedly asked him questions concerning the whereabouts of his uncle, calling him the “so-called lawyer”. Aslambek Khizirovich Timishev was also beaten during his interrogation and had a tooth kicked out by a member of the police force.

Aslambek Khizirovich Timishev, Yunus Yakubovich Timishev and Arbi Kharonovich Timishev were all released on 16 July 2008 but both Aslambek Khizirovich and Arbi Kharonovich were ordered not to leave the village. During the search of their home the police officers claimed to have found a gun underneath the bath tub. No criminal case has been opened against Aslambek Khizirovich Timishev and Arbi Kharonovich Timishev but they are concerned that the police may have carried out the search and detained them in an attempt to accuse them of being accomplices to rebel groups.

I believe that Ilyas Timishev and his family have been targeted as a result of Ilyas Timishev's legitimate work in the defence of human rights.

I urge the Russian authorities to:

1. Carry out an immediate, thorough and impartial investigation into the detention, ill-treatment and harassment of Yunus Yakubovich Timishev, Aslambek Khizirovich Timishev and Arbi Kharonovich Timishev with a view to publishing the results and bringing those responsible to justice in accordance with international standards;

2. Take all necessary measures to guarantee the physical and psychological security and integrity of Ilyas Timishev and members of his family;

3. Guarantee in all circumstances that human rights defenders in Russia are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions including judicial harassment.

I respectfully remind you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals.

I would particularly draw attention to Article 11: “Everyone has the right, individually and in association with others to the lawful exercise of his or her occupation or profession” and to Article 12 (2): “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present declaration.”

Yours sincerely,