Murat Gasayev
Encyclopedia
Murat Gasaev an ethnic Chechen
, was a refugee
in Spain
from the Russia
's Republic of Ingushetia
. In December 2008, he was extradited
to Russia despite protests by human rights
organizations including Amnesty International
and Human Rights Watch
. It was feared that Gasaev might be at risk of torture
and ill-treatment, as well as the denial of a fair trial due to the potential use of evidence extracted under torture in Russia.
The Russia's extradition request appeared to have been based on statements by a prisoner in Russian custody who accused Gasaev of being a participant in the events of June 2004 (the 2004 Nazran raid
on government buildings in Ingushetia) while under interrogation by the Federal Security Service (FSB). That detainee, Idris Matiev, later retracted his statement, alleging that he had been subjected to beatings, torture with electric shock
s and threats against his family. Gasaev has claimed that he was detained in Ingushetia in August 2004 by five masked officers, who took him to the central office of the FSB in Ingushetia, where he was tortured and questioned about the attack. He was not charged and was released after three days of torture.
Gasaev fled Russia and eventually sought refuge in Spain in 2005. However, his claim of asylum
was rejected on the basis of "confidential information provided by the Spanish authorities." In December 2006, he was arrested as a suspected "militant" by the Spanish authorities in Valencia at the request of Russia. The Council of Europe
's Committee for the Prevention of Torture
is not known to have been consulted about the "diplomatic assurances" given by the Russian public prosecutor until after the Spanish court had approved the extradition request. According to experts, "with or without guarantees, a Chechen who is accused of killing police officers does not stay alive for long in a Russian prison."
On December 31, 2008, Gasaev was sent to Russia without any anti-torture guarantees in the first such extradition from a European country. Amnesty International said the extradition violated Spain’s obligations under international human rights law
, including the United Nations Convention Against Torture
.
On June 30, 2009, the senior Russian investigator in charge of the case ruled that all charges should be dropped against Gasayev, whose alibi
was corroborated by five witnesses. He was freed on August 28, after 10 months in detention in Russia. "It’s a great relief that Gasayev is out of detention, but he should never have been there in the first place," Tanya Lokshina, HRW's deputy Moscow director said.
Chechen people
Chechens constitute the largest native ethnic group originating in the North Caucasus region. They refer to themselves as Noxçi . Also known as Sadiks , Gargareans, Malkhs...
, was a refugee
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
in Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
from the Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
's Republic of Ingushetia
Ingushetia
The Republic of Ingushetia is a federal subject of Russia , located in the North Caucasus region with its capital at Magas. In terms of area, the republic is the smallest of Russia's federal subjects except for the two federal cities, Moscow and Saint Petersburg...
. In December 2008, he was extradited
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
to Russia despite protests by human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
organizations including Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
and Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
. It was feared that Gasaev might be at risk of torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
and ill-treatment, as well as the denial of a fair trial due to the potential use of evidence extracted under torture in Russia.
The Russia's extradition request appeared to have been based on statements by a prisoner in Russian custody who accused Gasaev of being a participant in the events of June 2004 (the 2004 Nazran raid
2004 Nazran raid
The Nazran raid was a large-scale raid carried out in the Republic of Ingushetia, Russia, on the night of June 21-22, 2004, by a large number of mostly Chechen and Ingush militants led by the Chechen commander Shamil Basayev...
on government buildings in Ingushetia) while under interrogation by the Federal Security Service (FSB). That detainee, Idris Matiev, later retracted his statement, alleging that he had been subjected to beatings, torture with electric shock
Electric shock
Electric Shock of a body with any source of electricity that causes a sufficient current through the skin, muscles or hair. Typically, the expression is used to denote an unwanted exposure to electricity, hence the effects are considered undesirable....
s and threats against his family. Gasaev has claimed that he was detained in Ingushetia in August 2004 by five masked officers, who took him to the central office of the FSB in Ingushetia, where he was tortured and questioned about the attack. He was not charged and was released after three days of torture.
Gasaev fled Russia and eventually sought refuge in Spain in 2005. However, his claim of asylum
Right of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
was rejected on the basis of "confidential information provided by the Spanish authorities." In December 2006, he was arrested as a suspected "militant" by the Spanish authorities in Valencia at the request of Russia. The Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
's Committee for the Prevention of Torture
Committee for the Prevention of Torture
The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment or shortly Committee for the Prevention of Torture is the anti-torture committee of the Council of Europe...
is not known to have been consulted about the "diplomatic assurances" given by the Russian public prosecutor until after the Spanish court had approved the extradition request. According to experts, "with or without guarantees, a Chechen who is accused of killing police officers does not stay alive for long in a Russian prison."
On December 31, 2008, Gasaev was sent to Russia without any anti-torture guarantees in the first such extradition from a European country. Amnesty International said the extradition violated Spain’s obligations under international human rights law
International human rights law
International human rights law refers to the body of international law designed to promote and protect human rights at the international, regional and domestic levels...
, including the United Nations Convention Against Torture
United Nations Convention Against Torture
The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the review of the United Nations, that aims to prevent torture around the world....
.
On June 30, 2009, the senior Russian investigator in charge of the case ruled that all charges should be dropped against Gasayev, whose alibi
Alibi
Alibi is a 1929 American crime film directed by Roland West. The screenplay was written by West and C. Gardner Sullivan, who adapted the 1927 Broadway stage play, Nightstick, written by Elaine Sterne Carrington, J.C...
was corroborated by five witnesses. He was freed on August 28, after 10 months in detention in Russia. "It’s a great relief that Gasayev is out of detention, but he should never have been there in the first place," Tanya Lokshina, HRW's deputy Moscow director said.
External links
- Spain Holds Out Extradition Promises to Russia, KommersantKommersantKommersant is a commerce-oriented newspaper published in Russia. , the circulation was 131,000.- History :The newspaper was initially published in 1909, and it was closed down following the Bolshevik seizure of power and the introduction of censorship in 1917.In 1989, with the onset of press...
, June 21, 2007 - Chechen Committee for National Salvation asks Spanish authorities not to deport Ingushetian refugee to Russia, MemorialMemorial (society)Memorial is an international historical and civil rights society that operates in a number of post-Soviet states. It focuses on recording and publicising the Soviet Union's totalitarian past, but also monitors human rights in post-Soviet states....
, 22/3/2008 - Ingushes of Germany ask Spain not to extradite refugee Gasaev to Russia, MemorialMemorial (society)Memorial is an international historical and civil rights society that operates in a number of post-Soviet states. It focuses on recording and publicising the Soviet Union's totalitarian past, but also monitors human rights in post-Soviet states....
, 5/4/2008 - Letter to the Spanish government regarding the extradition of Murat Ajmedovich Gasayev, Human Rights WatchHuman Rights WatchHuman Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
, May 12, 2008 (also in Spanish and Russian) - Spain approves Chechen's extradition, Associated PressAssociated PressThe Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
, December 12, 2008 - Two suspects extradited to Russia, Russia Today TVRussia Today TVRT, previously known as Russia Today, is a global multilingual television news network based in the Russian Federation run by the state-owned state-run RIA Novosti....
, December 12, 2008 - Human rights activists of Ingushetia protest against Murad Gasaev's extradition, MemorialMemorial (society)Memorial is an international historical and civil rights society that operates in a number of post-Soviet states. It focuses on recording and publicising the Soviet Union's totalitarian past, but also monitors human rights in post-Soviet states....
, 19/12/2008 Carta al gobierno español sobre la extradición de Murat Ajmedovich Gasayev, Human Rights WatchHuman Rights WatchHuman Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
, May 7, 2008 El proceso de extradición de Murat Gasayev a la Federación Rusa, Amnesty InternationalAmnesty InternationalAmnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
, October 8, 2008 España extradita a Rusia a un checheno que pidió asilo por torturas, El País, 13/12/2008 España: No deben aceptarse las “garantías diplomáticas” de Rusia en el caso Gasayev, Amnesty InternationalAmnesty InternationalAmnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
, December 15, 2008 España: Detener extradición a Rusia; Sospechoso checheno en riesgo de sufrir tortura, Human Rights WatchHuman Rights WatchHuman Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
, December 16, 2008