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

  • Country/entity

    Russia
    Chechnya
  • Region

    Europe and Eurasia
    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) )
  • 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.


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.