Protocol of the Meeting of the Working Groups, Formed under the Negotiations Commissions, to Locate Missing Persons and to Free Forcibly Detained Persons

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Country/entity: Russia
Chechnya
Region: Europe and Eurasia
Agreement name: Protocol of the Meeting of the Working Groups, Formed under the Negotiations Commissions, to Locate Missing Persons and to Free Forcibly Detained Persons
Date: 10 Jun 1996
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Chechnya Conflicts (1991 - 2009)
The First Chechen War (1995 - 1997)
Following the collapse of the Soviet Union in 1991, relations between the Federal Russian government with the over 100 ethnic groups deteriorated as demands for autonomy became a major political issue. In March 1992, a federation treaty was drafted and by 1994 the treaty was signed between 87 of the 88 federal jurisdictions and central government, with Chechnya being the exception. The conflict erupted in 1991 following the death of the head of the Communist Party in Grozny when a faction of the USSR’s dissolved military stormed Party Headquarters. Russian forces failed to re-take Grozny and in 1993 the Chechen Republic of Ichkeria announced its independence. Violence and discrimination preceded economic stagnation as non-Chechnens fled the region, and eventually an undeclared civil war broke out as the Chechen opposition attempted a counter-coup against the Chechen ruler Dzhokhar Dudayev. Following the dissolution of the Chechen Parliament in June 1993, a state of emergency was declared, and in December that year an other coup was attempted by the opposition. Issues of sovereignty spurred an assault by Russian troops in December 1994, marking the start of the first Chechen War wherein Russian troops faced four years of insurgency until a ceasefire was unilaterally declared in 1996. A peace treaty was signed in 1997 and Russian forces withdrew.

The Second Chechen War (1999 - 2004)
The inter-war period was marked by economic desolation, corruption and crime. Political polarization was rife, and religious extremism flourished. In August 1999, the Islamic International Brigade led by Shamil Basayev invaded the Russian Republic of Dagestan seeking to found an Islamic State, thereby sparking the Second Chechen War. In response, the Russian Federation began a bombing campaign against the Chechen government and eventually re-took Grozny. An insurgency began following the fall of the Chechen government and separatist attacks spurred an increasingly harsh response from the Kremlin. By 2006, the main separatist leaders had been killed, and the republic has been run by the pro-Russian government led by Ramzan Kadyrov since 2007.
Stage: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Chechnya peace process
Parties: Russian Federation, signed for by K. Makhashev, Working Group Head;
The Chechen Republic, signed for by N. Bezborodov, Working Group Head
(not signed, three identical copies provided to mentioned officials).

Other mentioned individuals:
In the presence of Mr. Z. Kochoika,
Third parties: With the mediation of the OSCE Mission
T. Guldimann
Description: Agreement provided for the establishment of a joint working group to locate missing persons and to free POWs and set date for exchange of 27 military personnel from each side.

Agreement document: RU_960610_Protocol of the Meeting on missing and detained persons.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: Page 2, 12. A joint effort shall be undertaken to locate burial sites, to exhume the remains of the dead, and to hand over such remains to their relatives.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 2, 11. The prosecution of officials of either side for matters not connected with criminal offenses shall cease.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Liberty and security of person
Page 2, 11. The prosecution of officials of either side for matters not connected with criminal offenses shall cease.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: 4. The Negotiations Commissions shall provide for the material and logistic requirements of the Joint Working Group (transport, office equipment and communications), in addition to ensuring that the members of the Joint Working Group are able to travel around the territory of the Chechen Republic on passes signed by the Commander of the Provisional United Forces, B. Tikhomirov, and the Chief of Staff of the Armed Forces of the Chechen Republic of Ichkeriya, A. Maskhadov.

Page 2, 8. Questions pertaining to visits to sensitive facilities of the Ministry of Defence of the Russian Federation and of the Ministry of Internal Affairs of the Russian Federation and to other places of confinement of forcibly detained persons shall be resolved in accordance with the established procedure.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: Justice sector reform→Criminal justice and emergency law→Reform to specific laws
Page 2, 10. Both sides recognize that they regard instances of the abduction of persons with a view to their subsequent sale or use in exchanges as a criminal offense, and they are prepared to prosecute any persons committing such offenses.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: Page 2, 9. Arrangements shall be made for the issuance of orders by both sides calling for the cessation of the practice of detaining persons in a manner not provided for by law, including detentions based on lists and other documents of insufficient legal force. At the same time that questions connected with the release of forcibly detained persons are being resolved, screening centres and such other places of confinement of detained persons as are not provided for under the law shall be shut down.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 2, 13. On 10 June 1996 an exchange shall be conducted involving 27 military personnel of the Interior Forces of the Ministry of Internal Affairs of Russia, seized on 31 May 1996, and an equal number of persons detained by the Federal side, on the basis of lists that have been turned over.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: [Summary: The entire agreement deals with the release of prisoners.]

Page 1, Have adopted the following decision:
1. By 11 June 1996 a joint working group (hereinafter referred to as the Joint Working Group) shall be established to locate missing persons and to free forcibly detained persons.

Page 1, 5. The competence of the Joint Working Group shall extend to the location of persons who have been missing since 11 December 1994 and to the release of forcibly detained persons seized in the course of the armed conflict.

6. By 11 June 1996 the working groups shall exchange lists of forcibly detained persons.

7. The representatives of the Joint Working Group shall be guaranteed the possibility of visiting places where forcibly detained persons are confined.

Page 2, 8. Questions pertaining to visits to sensitive facilities of the Ministry of Defence of the Russian Federation and of the Ministry of Internal Affairs of the Russian Federation and to other places of confinement of forcibly detained persons shall be resolved in accordance with the established procedure.

Page 2, 9. Arrangements shall be made for the issuance of orders by both sides calling for the cessation of the practice of detaining persons in a manner not provided for by law, including detentions based on lists and other documents of insufficient legal force. At the same time that questions connected with the release of forcibly detained persons are being resolved, screening centres and such other places of confinement of detained persons as are not provided for under the law shall be shut down.

Page 2, 13. On 10 June 1996 an exchange shall be conducted involving 27 military personnel ofthe Interior Forces of the Ministry of Internal Affairs of Russia, seized on 31 May 1996, and an equal number of persons detained by the Federal side, on the basis of lists that have been turned over.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: Page 1, 5. The competence of the Joint Working Group shall extend to the location of persons who have been missing since 11 December 1994 and to the release of forcibly detained persons seized in the course of the armed conflict.

Page 2, 10. Both sides recognize that they regard instances of the abduction of persons with a view to their subsequent sale or use in exchanges as a criminal offense, and they are prepared to prosecute any persons committing such offenses.

Page 2, 12. A joint effort shall be undertaken to locate burial sites, to exhume the remains of the dead, and to hand over such remains to their relatives.
Reparations: Transitional justice→Reparations→Symbolic reparations
Page 2, 12. A joint effort shall be undertaken to locate burial sites, to exhume the remains of the dead, and to hand over such remains to their relatives.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: With the mediation of the OSCE Mission
T. Guldimann
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: INCORE, http://www.incore.ulst.ac.uk/services/cds/agreements/pdf/rus5.pdf

Protocol of the Meeting of the Working Groups, Formed under the Negotiations Commissions, to locate Missing Persons and to Free Forcibly Detained Persons

Nazran, 10 June 1996

The working groups, formed under the Negotiations Commissions, to locate missing persons and to free forcibly detained persons, consisting of the following persons:

For the Negotiations Commission formed by order of the Government of the Russian Federation – N. Bezborodov, Working Group Head,

For the Negotiations Commission formed by order of the Cabinet of Ministers of the Chechen Republic of Ichkeriya* – K. Makhashev, Working Group Head,

In the presence of Mr. Z. Kochoika,

For the purpose of implementing paragraph 2 of the Agreement signed by V.S. Chernomyrdin and Z. Yandarbiev on 27 May 1996 in Moscow,

Have adopted the following decision:

1. By 11 June 1996 a joint working group (hereinafter referred to as the Joint Working Group) shall be established to locate missing persons and to free forcibly detained persons.

2. Six persons from each side shall make up the Joint Working Group.

3. The Joint Working Group shall be quartered in Grozny in specially assigned premises.

4. The Negotiations Commissions shall provide for the material and logistic requirements of the Joint Working Group (transport, office equipment and communications), in addition to ensuring that the members of the Joint Working Group are able to travel around the territory of the Chechen Republic on passes signed by the Commander of the Provisional United Forces, B. Tikhomirov, and the Chief of Staff of the Armed Forces of the Chechen Republic of Ichkeriya, A. Maskhadov.

5. The competence of the Joint Working Group shall extend to the location of persons who have been missing since 11 December 1994 and to the release of forcibly detained persons seized in the course of the armed conflict.

6. By 11 June 1996 the working groups shall exchange lists of forcibly detained persons.

7. The representatives of the Joint Working Group shall be guaranteed the possibility of visiting places where forcibly detained persons are confined.

8. Questions pertaining to visits to sensitive facilities of the Ministry of Defence of the Russian Federation and of the Ministry of Internal Affairs of the Russian Federation and to other places of confinement of forcibly detained persons shall be resolved in accordance with the established procedure.

9. Arrangements shall be made for the issuance of orders by both sides calling for the cessation of the practice of detaining persons in a manner not provided for by law, including detentions based on lists and other documents of insufficient legal force.

At the same time that questions connected with the release of forcibly detained persons are being resolved, screening centres and such other places of confinement of detained persons as are not provided for under the law shall be shut down.

10. Both sides recognize that they regard instances of the abduction of persons with a view to their subsequent sale or use in exchanges as a criminal offense, and they are prepared to prosecute any persons committing such offenses.

11. The prosecution of officials of either side for matters not connected with criminal offenses shall cease.

12. A joint effort shall be undertaken to locate burial sites, to exhume the remains of the dead, and to hand over such remains to their relatives.

13. On 10 June 1996 an exchange shall be conducted involving 27 military personnel ofthe Interior Forces of the Ministry of Internal Affairs of Russia, seized on 31 May 1996, and an equal number of persons detained by the Federal side, on the basis of lists that have been turned over.

This Protocol has been drawn up in three authentic copies.

Working Group Head

N. Bezborodov

Working Group Head

K. Makhashev

With the mediation of the OSCE Mission

T. Guldimann

* The Negotiations Commission formed by order of the Government of the Russian Federation states that the Chechen Republic of Ichkeriya is not recognized under the legislation of the Russian Federation.