The case of the disappearing Chechens continues to stir controversy in Georgia

3/11/04

A EurasiaNet Q&A with Georgian NGO lawyer Lia Mukhashavria

The disappearance and subsequent arrests of two Chechens – Beqkhan Mulkoyev and Hussein Alkhanov – continues to be a source of controversy in Georgia. EurasiaNet correspondent Giga Chikhladze recently spoke to Lia Mukhashavria, the director of the Georgian non-governmental organization Article 42 of the Constitution, about the Mulkoyev-Alkhanov case.

Article 42 is an NGO dedicated to providing legal assistance to people in Georgia about possible civil rights violations. It has been involved in the case of 13 Chechens, including Mulkoyev and Alkhanov, who were arrested by Georgian authorities in August 2002. Five of the 13 were extradited to Russia in October of the same year. [For additional information see related EurasiaNet story]. On February 6 of this year, a Tbilisi court found Mulkoyev and Alkhanov innocent of entering Georgia illegally.

The NGO lodged a complaint with the European Court of Human Rights (ECHR), arguing that Georgia's actions to detain and extradite the Chechens contravened international law. In October 2003, the court decided to conduct a fact-finding mission in the case, formally titled Abdul-Wahhab Shamayev and 12 others versus Georgia and Russia. A three-member ECHR fact-finding team arrived in Georgia on February 21, days after Mulkoyev and Alkhanov had been reported arrested by Russian authorities.

Georgian leaders have denied any involvement in the Mulkoyev and Alkhanov arrests. Chechen community in Georgia representatives maintain that Georgian authorities delivered the two Chechens to Russia. Mukhashavria, the Article 42 lawyer, believes the incident was designed to intimidate other Chechens into not fully cooperating with the ECHR fact-finding team. The text of Mukhashavria's comments follows:

EurasiaNet: What is your impression about the circumstances surrounding the arrests of Mulkoyev and Alkhanov?

Mukhashavria: Mulkoyev and Alkhanov would never have gone near the [Georgian-Russian] border. They were ready to go anywhere, except Russia. By the way, when the [Tbilisi] court ordered their release [February 6], they were free to leave Georgia, and this is what they were going to do. However, I asked them to stay until February 21, the date of the [ECHR] delegation's arrival. Their appointments [with ECHR investigators] were scheduled for February 23. They decided to stay after my request. They were very much afraid for a few days after their release, and lawyers from our organization constantly escorted them. Then the fear faded away, and on February 16, at half-past ten in the morning they left their house and set out to the Ministry of Refugees and Accomodation to register officially, and receive the status of the refugees. However, they never arrived at the Ministry ...

EurasiaNet: Do you think Mulkoyev and Alkhanov will be convicted in Russia?

Mukhashavria: I guess so.

EurasiaNet: To what extent does the problem of Chechen refugees influence relations between Georgia and Russia?

Mukhashavria: You cannot conduct a policy based upon unlawful decisions, whatever goal such a policy pursues. This is a 21st century, and you cannot violate the [1950] European Convention for the Protection of Human Rights and Fundamental Freedoms and go unpunished. Both states, Georgia as well as Russia, signed the convention, and assumed certain obligations.

EurasiaNet: But can the governments realistically be punished if they are found to have violated the European Convention?

Mukhashavria: The fact of a violation of the convention, even if it concerns one article or one point, could create an enormous international scandal. In addition, [violators] would have to pay serious compensation to the victims.

EurasiaNet: Who would receive the compensation?

Mukhashavria: Our clients would, the Chechens. Moreover, I have to say that this compensation could really damage the Georgian state budget.

EurasiaNet: So in trying to improve relations with Russia, Georgia risks not only its reputation, but also risks opening a large hole in its state budget.

Mukhashavria: Yes. I think people who have now come to power in Georgia do not understand the situation. It is well known ... that several European states have declined requests to extradite Chechens to Russia..... However, instead of declining the requests through the court, they [Georgian officials] capture[d] Chechens right on the street and deliver[d] them to Russia.

EurasiaNet: What is the mood of other the Chechens involved in the Shamayev case before the ECHR?

Mukhashavria: They are very much afraid. They didn't believe that they could ever be handed over to Russia.

Posted March 11, 2004 © Eurasianet