Protocol of the Meeting of the Working Groups, Formed under the Negotiations Commissions, to Locate Missing Persons and to Free Forcibly Detained Persons
- Country/entityRussia
Chechnya - RegionEurope and Eurasia
Europe and Eurasia - Agreement nameProtocol of the Meeting of the Working Groups, Formed under the Negotiations Commissions, to Locate Missing Persons and to Free Forcibly Detained Persons
- Date10 Jun 1996
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StageImplementation/renegotiation
- Conflict natureGovernment/territory
- Peace processChechnya peace process
- PartiesRussian 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 partiesWith the mediation of the OSCE Mission
T. Guldimann - DescriptionAgreement 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
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.
- FamilyPage 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 generalPage 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 rightsHuman rights and equality→Civil and political rights→Liberty and security of personPage 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/access4. 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 lawJustice sector reform→Criminal justice and emergency law→Reform to specific lawsPage 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 detentionPage 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 forcesPage 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 personsPage 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. - ReparationsTransitional justice→Reparations→Symbolic reparationsPage 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 signatoryWith 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.
- SourceINCORE, 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.