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Dáil Éireann debate -
Tuesday, 15 Feb 2000

Vol. 514 No. 3

Adjournment Debate. - Human Rights Abuses.

I thank the Ceann Comhairle for giving me the opportunity to raise this human rights abuse case. The case of Andrei Babitsky is a cause of grave concern. Nearly a month after he was first captured by Russian soldiers, his whereabouts are still shrouded in mystery. His story entails an abuse of human rights, the patent flouting of the Geneva Convention and an attack on the principle of a free press.

Andrei Babitsky is from Moscow and has reported on the ongoing war in Chechnya for Radio Free Europe. Russian military authorities, as is the way of major military powers the world over, have tried to severely restrict and censor reporting of the Chechen conflict. Controlling coverage of the war has become another weapon in the conflict. Andrei Babitsky did not adhere to the strict rules laid down by the Russian authorities. His reporting from Grozny as the city suffered constant artillery bombardment from the Russian forces was a severe source of embarrassment. His reports contradicted the official line on the war propagated by Moscow.

Some time after 16 January last, Andrei Babitsky was arrested by the Russian authorities under a law on the prevention of vagabondism and beggary. He was denied access to a lawyer and prevented from phoning his wife and family. The family's apartment in Moscow was also raided. On 3 February a chilling video showing Mr. Babitsky being handed over to a group of armed and masked men was released by the Russians. They claimed to have swapped Mr. Babitsky for a number of Russian soldiers captured by Chechen rebels. The veracity of this account is questioned by a number of informed observers.

If Mr. Babitsky was handed over to Chechen rebels, this is a flagrant breach of Article 3 and Protocol 2 of the Geneva Convention, 1949, an issue that the Human Rights Watch organisation has taken up with Acting President Putin. If the supposed hand-over was staged, the consequences for Mr. Babitsky and his family may be even more sinister. Whatever the truth of the matter, Mr. Babitsky's whereabouts still remain uncertain.

A number of news organisations and journalists have highlighted the case of Andrei Babitsky, most notably Séamus Martin in The Irish Times. It is a case which raises concerns about respect for human rights and press freedom in the Russian Federation. It also raises serious questions about the conduct of the war in Chechnya and the seemingly feeble response of the international community to this tragedy. The Government cannot shirk its responsibility to defend human rights. The case of Mr. Babitsky should be raised with the Russian Government at EU and bilateral level. The Government should also have the courage and commitment to demand an investigation into other serious allegations of human rights abuses in Chechnya. These investigations have been demanded by, among others, Amnesty International, the Glasnost Foundation and the European Commission.

At this critical time in the development of the Russian Federation, it is vital that the international community makes it abundantly clear that abuse of both human rights and binding international agreements will not be tolerated. Opposition must also be voiced to the ruthless militarism which has characterised Russia's policy towards the breakaway state of Chechnya. Grozny has been razed to the ground, tens of thousands of people have been displaced and thousands have died in the conflict. Russia is intent on securing the total military subjugation of the territory, an objective which has failed before. Ireland and the European Union must demand an end to this policy of barbarism and militarism. A negotiated settlement to the war is the only hope for the region and the carnage must stop. I look forward to the Minister's reply on behalf of the Minister for Foreign Affairs.

I thank the Deputy for raising this important issue and apologise for the absence of my colleague, the Minister for Foreign Affairs, Deputy Cowen, who is otherwise engaged.

The Government is deeply concerned about the fate of the Russian journalist, Mr. Andrei Babitsky, who was working with Radio Free Europe in Chechnya. Mr. Babitsky was reportedly handed over by Russian forces to an alleged Chechen rebel unit in exchange for a number of Russian soldiers. This case raises serious concerns about Russia's compliance with its obligations in the field of international human rights.

The Government stresses that a free media is a cornerstone of democracy. Any undue interference with the work of journalists, including their arrest or exchange for prisoners, even with their consent, is incompatible with the rights of a free press. Our deep concerns have been conveyed in the strongest terms at bilateral level by our ambassador in Moscow.

The case of Andrei Babitsky is the latest in a series of allegations of human rights abuses committed by both sides during the Chechen conflict. It comes at a time when concern is also mounting at reports of summary executions by Russian soldiers and other horrific crimes. The international organisations, including the European Union, the Council of Europe and the OSCE, have voiced their serious concern at these cases. They have been active for some time in stressing to the Russian authorities in high level démarches the need for a full investigation of all these allegations.

Andrei Babitsky disappeared in Chechnya on 15 January. On 28 January Russian federal authorities confirmed holding Mr. Babitsky in detention, claiming that he was lacking proper accreditation for work in Chechnya. On 4 February Russian television broadcast a videotape showing Mr. Babitsky being handed over by Russian military to an alleged Chechen rebel unit in exchange for five Russian soldiers. The reported exchange, said to have taken place on 3 February, was later confirmed by a Russian Government spokesman, who also claimed it had been carried out with Mr. Babitsky's consent. The spokesman added that, with the exchange, Russian authorities could no longer be considered responsible for Mr. Babitsky's personal safety. The Chechens have denied the exchange. The whereabouts of Mr. Babitsky are unknown.

The gravity of this case has been stressed by the Council of Europe and the OSCE. The EU's profound concerns about the fate of Mr. Babitsky were expressed to the Russian authorities at a political directors troika meeting in Lisbon on 4 February. Ireland also strongly supported an EU démarche to the Russian authorities in Moscow on Friday, 11 February. The démarche was made by the EU troika to the Russian Government's press and information director with specific responsibility for Chechnya. The troika expressed its serious concern regarding a number of issues connected to Mr. Babitsky's case, in particular freedom of the press and freedom of speech in Russia; the legal and factual aspects of Mr. Babitsky's detention which seems to have lasted longer than is permitted by law and the denial of basic rights such as being able to communicate with his family and being assisted by a lawyer; and several conflicting explanations by the Russian auth orities as to Mr. Babitsky's fate which give rise to doubts about what really happened. The announcement that he was handed over to Chechens in exchange for a number of Russian soldiers calls into question Russia's compliance with its international obligations in the field of human rights. In response to the EU démarche, the Russian authorities said that they had already simplified the accreditation process for the north Caucasus region and that 286 journalists had received accreditation.

Regarding the situation of Mr. Babitsky, the Russian side promised that "within two days" information on the legal aspects of the case would be made available to EU embassies in Moscow. This is still awaited. Concern for Mr. Babitsky's safety has increased due to his failure to contact his wife or his lawyer several days after his reported transfer into Chechen custody. Russia has also failed to produce the soldiers allegedly exchanged for him.

EU Foreign Ministers, meeting in the General Affairs Council in Brussels yesterday, again stressed the EU's concern regarding Mr. Babitsky's fate. Acting President Putin said earlier today that he has instructed the Russian security services to "guarantee life and freedom" to Mr. Babitsky. The Russian Interior Minister had previously claimed that Mr. Babitsky "is alive and well and is where he wants to be", but there is no evidence for this.

Many see Russia's actions in Chechnya as a test of the functioning of democracy in the new Russia. The Russian authorities for their part have sought to assure domestic opinion and international critics that they are maintaining the democratic principles and values to which they are committed. The Government will use every opportunity, both bilaterally, within the EU, in the Council of Europe and at the OSCE, to hold Russia to its commitments.

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