Two extrajudicial killings in three days in Dagestan: The Observatory refers the matter to United Nations (UN) Special Procedures

UNSpecial Rapporteur on extrajudicial, summary or arbitrary executions

Ms. Margaret Sekaggya

UNSpecial Rapporteur on the situation of human rights defenders

Mr. Franck La Rue

UNSpecial Rapporteur on freedom of opinion and expression

Paris-Geneva,July 18, 2013

Re: Extrajudicial killings of Messrs. Akhmednabi Akhmednabiev andMagomed Guchuchaliev in Dagestan, Russian Federation

Dear Special Rapporteurs,

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH)and the World Organisation Against Torture (OMCT), expresses its deepest concern about the assassinationof a journalist and a lawyer, which occurred within three days in the region ofMakhachkala, the capital of the Russian province of Dagestan, and which seem tobe related to their human rights activities and aimed at silencing their workin the country.

Facts:

On July 9, 2013,at around 7 a.m. local time, Mr. Akhmednabi Akhmednabiev, Deputy Editor of the daily local newspaper Novoe Delo and acorrespondent for the Caucasian Knot, an important news platform in theNorth and South Caucasus, was shot dead by unknown individuals. The killingtook place near his house in Semender, a village close to Makhachkala. It ishighly probable that the journalist was murdered in relation to hisprofessional activity. Mr. Akhmednabiev was indeed investigating sensitiveissues and had often openly criticised local politicians for embezzlement andlocal military and police officials for human rights abuses committed during anti-terroristoperations.

Three days later, on July 12, 2013, lawyer Magomed Guchuchaliev, Chairman of the law firm “Kavkaz”, known fordefending persons accused of “belonging to illegal armed forces”, was shot deadby two unknown individuals close to his home in the outskirts of Makhachkala.

Inaction of theauthorities over previous threats, murder attempts and assassinations:

No proper investigation into previous death threatsand murder attempt against Mr. Akhmednabiev since 2009

Mr. Akhmednabiev had received threatening messagesin the past, and had already escaped an assassination attempt on January 11,2013, when unknown assailants had fired on his car. At that time, the policehad started an investigation only for "deliberatedestruction or damage of property" (Article167 of the Criminal Code) and "illegalacquisition, transfer, sale, storage, transportation or carryingof weapons" (Article 222),but not “preparation of a crime and crime attempt” (Article 30), “murderattempt” (Article 105) and “hindrances to the legitimate and professional workof a journalist” (Article 144). On February 1, 2013, Mr. Akhmednabiev's lawyerhad requested the Kirov District Attorney to initiate proceedings pursuant toArticles 105 and 144, but the Prosecutor had rejected the request. Mr.Akhmednabiev's had then appealed this refusal at the level of the DistrictCourt, which had admitted the complaint on February 15, 2013. However, theDistrict Attorney had again appealed against the decision, and proceedingscontinued until July 4, 2013, four days before the killing, when Mr.Akhmednabiev received a response from the District Attorney (dated June 28)concerning another complaint filed on June 10 to denounce the fact that no casehad ever been opened under the above-mentioned Articles. As in his response,the District Attorney alleged that he had committed no irregularity. Mr.Akhmednabiev's lawyer appealed that response to the Supreme Court, where thecase is now pending.

Mr. Akhmadnabiev's lawyer had also referred the Januaryattack and other threats against his client to the Investigation Committee (aState body which can also initiate criminal proceedings), most recently on June10, to complain about the inaction of the police in front of the death threats previouslyreceived by his client through SMS.On June 25, 2013, the Committee howeverrejected the referral of the lawyer, and the appeal against this refusal wasscheduled to take place on July 9, 2013, the day of the killing.

On the day of the killing, the District Attorney ofDagestan announced that he had taken the case of Mr. Akhmadnabiev “under [his]personal control” and ordered his administration to examine the case related tothe January-11 attack, so as to make sure that all the proceedings wereregular.

Previously, in 2009, the name of Mr. Akhmednabievhad appeared on a “hit list”, anonymously disseminated throughout the region.The names of 17 other human rights defenders, journalists and activists werealso on that list.

According to the information received, inspectorsare currently exploring several scenarios that might have led to the killing.It is however highly probable that the journalist was murdered in relation tohis professional activity. Mr. Akhmednabiev was indeed investigating sensitiveissues and had often openly criticised local politicians for embezzlement andlocal military and police officials for human rights abuses committed duringanti-terrorist operations. Mr. Akhmednabi Akhmednabiev is the 17thjournalist who died in suspicious circumstances since 1993 in Dagestan.

No proper investigation into previous killings andprevious death threats against Mr. Guchuchaliev and his colleagues over thepast years

Over the past years, members of “Kavkaz”, the lawfirm of Mr. Guchuchaliev, have been threatened for their professionalactivities and harassed by the authorities. On November 19, 2008, Mr.Konstantin Mudunov, a colleague of Mr. Magomed Guchuchaliev, had survived anassassination attempt. On January 20, 2012, another colleague of Mr. MagomedGuchuchaliev, lawyer Omar Saidmagomedov, was killed with his cousin in a streetof Makhachkala by two masked individuals in an armoured car who approached themand opened fire. Security officers with shields then reportedly got off thevehicle and shot again at one of them. However, the authorities alleged thatthe killing was perpetrated by “two members of an armed group”. The law firm isknown for defending persons accused of “belonging to illegal armed forces”, andmany of the lawyers' names have been on the above-mentioned “hit list”. Inspite of strong allegations that lawyer Saidmagomedov was targeted inconnection with his work and extrajudicially executed, such allegations havenever been effectively investigated. In addition, a parallel investigation wasrequested by Mr. Omar Saidmagomedov’s colleagues to ensure that the authoritiesimpartially investigate his death, but this led instead to themselves beingharassed by investigation officials who notably carried out a search in theapartment of Mr. Guchuchaliev.

The Observatory firmly denounces theextrajudicial killings of Messrs. Akhmednabiev and Guchuchaliev, which seem to be related to their human rights activities and aimed atsilencing their work in the country.

The Observatory is also strongly concerned bythe context of impunity in which these crimes have occurred.

In light of the absence of any proper enquiry into the past events, wehope you will be able to urge the Russian authorities to carry out a prompt,thorough, impartial and transparent investigation into this killing, so as toidentify all those responsible, bring them before a competent and impartialtribunal and apply to them the sanctions provided by the law, as well as toguarantee in all circumstances the physical and psychological integrity ofhuman rights defenders in the Russian Federation.

In the hope that you will take all these elements into account, weremain at your disposal for any further information.

Yours sincerely,

Karim Lahidji GeraldStaberock

President of FIDH SecretaryGeneral of OMCT