MAYDAY - Andrei Babitsky
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INFORMATION ON THE ACTIONS OF THE LAW ENFORCEMENT BODIES WITH REGARD |
Moscow. February 15, RIA Novosti
Vladimir Putin ordered the special services "to ensure the safety and freedom" of Radio Liberty correspondent Andrei Babitsky. The Acting President made this known to RIA Novosti after the ceremony in which the Central Election Commission registered him as candidate for President of Russia. When asked about his promise to personally hold under review become involved in the fate of Babitsky, Putin said that he was referring "not to personal participation, but to personal oversight." Personal oversight, according to Putin, consists in the permanent contact with the special services and the Prosecutor General's Office which is handling the case.
Petrozavodsk, February 17, (ITAR TASS correspondent)
Interior Minister Vladimir Rushailo upon his arrival to Petrozavodsk said, "We have issued instructions to ascertain the whereabouts of Babitsky. So far, I have nothing of substance to add. The latest report about a ticket from Istanbul via Warsaw to Minsk is so far the only real information. So far his whereabouts are unknown, but some reports say he is in the south of the Chechen Republic."
Moscow, February 16, INTERFAX
Chief of the Interior Ministry's Main Criminal Detection Directorate, Vyacheslav Trubnikov, has announced that Andrei Babitsky is not yet on the wanted list. Radio Liberty correspondent may be put on the wanted list "if the investigation rules so". But so far "such a ruling has not been delivered.
Moscow, February 14, INTERFAX
Federal Security Service Director Nikolai Patrushev said: "It was a reported yesterday that Babitsky intends to fly from Istanbul to Warsaw and then to Minsk. We have checked the information and it has not been confirmed.
Moscow, February 13, INTERFAX
The Russian Interior Minister Vladimir Rushailo said that the decision to exchange Radio Liberty correspondent Andrei Babitsky was made by one of his subordinates, the local head of the Interior Affairs bodies.
Vladimir Rushailo also said that situations involving the exchange of Russian citizens for servicemen who had been captured by the militants had occurred before and there is nothing extraordinary about it. It is another matter, he explained, that in this case a journalist of Radio Liberty is involved.
Moscow, February 12, INTERFAX
The photographs taken by the representatives of federal authorities in Chechnya from Radio Liberty correspondent Andrei Babitsky had been made by Yuri Bagrov , an out-of-staff correspondent of the Associated Press Agency, Radio Liberty reports citing its interview with Yuri Bagrov.
The pictures show mutilated bodies of dead Russian soldiers.
According to Yuri Bagrov, the photographs were intended for his personal archive and he had given the film to Andrei Babitsky to be developed in Moscow.
The report cites Yuri Bagrov as saying that Andrei Babitsky who was in Grozny in mid-December together with journalists from France, the Czech republic and Ukraine did not have a photo camera.
Moscow, February 11, INTERFAX
Interior Minister Vladimir Rushailo speaking at a closed session of the State Duma said that when Radio Liberty correspondent Andrei Babitsky was detained in Chechnya photographs were taken from him which show torture and execution of Russian soldiers. One of the photographs showed a just-killed Russian soldier with gouged-out eyes from which blood was streaming, first vice speaker of the Duma
Lyubov Sliska told journalists after the end of the closed hearings.
She quoted the head of the Interior Ministry as saying that there are grounds to believe that these pictures were taken by Andrei Babitsky himself.
Vladimir Rushailo also told the deputies that Radio Liberty correspondent was found to be in possession of a pass signed by field commanders that allowed him to move freely in the location of the bands.
Moscow. February 10. INTERFAX
The Russian Interior Minister Vladimir Rushailo said that the exchange of Radio Liberty correspondent Andrei Babitsky in Chechnya for captive Russian servicemen was not an unlawful action.
"Who said that what we did was illegal?" Vladimir Rushailo remarked in an interview published in the February 11 issue of the newspaper Kommersant. He said, "if the opportunity presents itself each serviceman caught should be rescued."
But the Minister refused to reveal the representatives of which agencies were engaged in trading the journalist. "Let us leave aside the question of whose people did what. So far we do not deny that the exchange has taken place. We say that this is so. As to whose people these were... we will not give names," said Vladimir Rushailo.
The Minister reaffirmed that Andrei Babitsky had been handed over to the Chechen militants. "I do not rule out that the militants have some far-reaching plans. He (Babitsky), for example, should present interest to them as a representative of Radio Liberty."
Besides, he noted, "there could be militants who really feel that they care for him (Babitsky)." The Minister recalled that there were "a lot of reports that Babitsky enjoyed a confidential relationship with representatives of illegal armed units."
The Russian Interior Minister Vladimir Rushailo confirmed that the representatives of the federal authorities who detained Babitsky found that he had "a scheme for avoiding the check points of the federal troops" and "passes signed by field commanders".
He declined to answer the question why Andrei Babitsky had not contacted anyone, including his relatives, after the exchange. "I can't comment on why he hasn't called his wife," the Minister said.
The head of the Interior Ministry also reported that from his information Andrei Babitsky had no communication means at the time he was detained. As for the means of communication the law enforcement people had, this was the minister's comment: "who said that a detained person is to be allowed the use of our phone and call anyone he likes?" And he again said that Andrei Babitsky was alive. "There is 100% certainty, one can now assert," said Vladimir Rushailo.
Moscow, February 10, INTERFAX
Chief of the Interior Ministry Directorate for Information and Public Relations Oleg Aksyonov told RTR TV channel on Thursday: "Radio Liberty correspondent Andrei Babitsky is in the village of Alkhazurovo". (about 20-25 km south of Grozny - IF). It was there, he said, that Andrei Babitsky was filmed on February 6. The video was then shown on television.
Oleg Aksyonov recalled that the decision to free the journalist was taken by the command of the Joint Federal Forces in the North Caucasus with the sanction of the acting Public Prosecutor of the Chechen Republic.
He denied reports that Andrei Babitsky was beaten up before being traded for Russian soldiers and that he had been seen in Gudermes in February 2 with bruises on his face.
Oleg Aksyonov suggested that the militants might soon take the journalist to the territory of a country neighboring on Russia.
Moscow, February 9, INTERFAX
Deputy Interior Minister of the Russian Federation, Ivan Golubev, said in a live broadcast on NTV channel that Radio Liberty correspondent Andrei Babitsky "is alive and well and is constantly on the move."
He intimated that he knew the journalist's whereabouts but refused to specify. He stressed that the Interior Ministry was keeping track of Andrei Babitsky's movements. According to Ivan Golubev the decision to exchange Andrei Babitsky for Russian servicemen was taken among others by the Interior Ministry and by him personally. All this was done, stressed Ivan Golubev, "with the permission of the Prosecutor General's Office, with the sanction of the Prosecutor of Chechnya and with the consent of Andrei Babitsky himself."
Khankala, February 8, INTERFAX
The Russian Interior Minister Vladimir Rushailo said that Radio Liberty correspondent Andrei Babitsky is alive and well.
The head of the Russian Interior Ministry told journalists in Khankala (Chechnya) that the handover of Andrei Babitsky to the Chechen side in exchange for captive Russian servicemen took place "with the participation of Interior Affairs bodies personnel and with the sanctions of the Prosecutor's Office."
Moscow, February 7. ITAR TASS
Director of the Federal Security Service of Russia Nikolai Patrushev said that Radio Liberty correspondent Andrei Babitsky is alive. Speaking about the journalist's whereabouts Nikolai Patrushev said: "I don't know where he is. This is not our business."
Nikolai Patrushev noted that the Federal Security Service was not dealing with "the issue of the exchange of Andrei Babitsky for Russian servicemen captured by the Chechen terrorists."
Baku, February 4. ITAR TASS
The Russian Interior Minister Vladimir Rushailo described the swap of Radio Liberty correspondent Andrei Babitsky for two Russian servicemen as a "reasonable and sober act" in terms of safeguarding the lives of servicemen.
Vladimir Rushailo explained that Mr Babitsky had given a written consent that "he wants to be with the illegal bands". One of the Chechen field commanders, according to the Minister, gave assurances that he was ready to accept Andrei Babitsky. So, in the Minister's opinion, there is nothing extraordinary about the affair connected with the fate of Radio Liberty correspondent.
Moscow, January 31. ITAR TASS
The Russian Interior Minister Vladimir Rushailo said that the decision on the further fate of Radio Liberty correspondent Andrei Babitsky who was earlier detained in Chechnya by the federal forces "will be taken by the Prosecutor General's Office of the Russian Federation."
Moscow, February 28, INTERFAX
The Russian Interior Ministry officially confirmed that Radio Liberty correspondent Andrei Babitsky has been detained on the territory of Chechnya.
The Interior Ministry spokesman Oleg Aksyonov also said that Andrei Babitsky was detained on January 23 at the Staraya Sunzha checkpoint in the outskirts of Grozny. He said the correspondent was detained because he had no accreditation with the Press Center of the Joint Federal Forces in the North Caucasus. Besides, the law enforcement bodies had information that prior to leaving the city of Grozny Andrei Babitsky was in the location of a unit of Chechen militants.
Now the Radio Liberty correspondent is in a police precinct in the liberated territory of Chechnya, Oleg Aksyonov said in an interview with the RTR channel. In his opinion, no violations of procedural standards occurred during the detention of Andrei Babitsky. He recalled that the law enforcement bodies have the right to detain a person for 10 days before a decision is made to remand him in custody or to set free.
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THE MAGAZINE'S POSITION |
A thorough check should be made of the actions of the people directly involved in and responsible for detaining and keeping Andrei Babitsky as well as the persons who interrogated the correspondent and took part in all the investigation activities connected with Andrei Babitsky. There are grounds for believing that the violations that occurred in the course of these actions are serious enough to be covered by the Criminal Code of the Russian Federation.
As for the reports about the handover of Andrei Babitsky to unidentified persons, first, handing over a Russian citizen to persons whom the law enforcement bodies consider to be bandits and terrorists is illegal;
and second, there are grounds for believing that the handover is no more than an information coverup for making short work of the journalist.
From available confidential information the video showed to confirm the fact of the handover of journalist Andrei Babitsky to the Chechen separatists actually show the handover of Andrei Babitsky from one group of the Russian special services to another group of the Russian special services.
On the strength of the above there are grounds for assuming that the activities of unidentified persons who gave orders to carry out concrete actions with regard to journalist Andrei Babitsky and who executed these orders qualify as acts stipulated in Articles 127 (Illegal deprivation of freedom) and 144 (Obstructing professional activities of a journalist) of the Criminal Code of the Russian Federation. In this connection the magazine has sent a statement to the Prosecutor General's Office.
The magazine deems it necessary to establish the identity and interrogate all the persons present in the video film of the handover of the journalist Andrei Babitsky by one group of armed men to another (as well as their immediate superiors and subordinates).
One should also note the inadmissible actions and statements by law enforcement bodies with regard to journalist Andrei Babitsky revealing alleged new materials of the criminal case under investigation. These include remarks and clarifications regarding the photographs allegedly taken by Andrei Babitsky. These photographs were first confiscated in early January and this magazine, together with the Glasnost Foundation then distributed a text entitled "SMERSH ENTERS THE INFORMATION DOMAIN". Then facts came to hand proving that Andrei Babitsky had nothing to do with all the seized photographs. So the claims about alleged fresh facts proving the complicity of the journalist in the criminal actions of the Chechen bands do not merely violate the rights of a prosecuted citizen to legal defence, but openly distort evidence which is a crime under the Criminal Code. The attempts of top officials to justify the practice of handing over Russian citizens to those whom the law enforcement bodies regard as bandits and terrorists calls for a special study. Giving such actions a semblance of legality on the grounds that they occurred many times over a number of years amounts to an attempt to legitimize de facto the practice of illegal actions that cannot be recognized de jure.
It will be recalled that the main duty of the law enforcement bodies is to protect public order and security. They are obliged to screen every person who knows anything about terrorists and bandits. For instance, the special services everywhere and always screen every hostage released by the terrorists.
And in this case a person is holding passes signed by commanders of Chechen militants and such photographs!. Given such a luggage, detention, identification and thorough investigation with regard to Babitsky is an obvious necessity.
"The accusers" constantly speak about the fundamental principle of the right to defence and express indignation over the violation of that right with regard to Babitsky. But in their accusations they encroach on the bedrock principle of any law, namely, the presumption of innocence. Double standards again...
Babitsky was detained under Presidential Decree No.1815 of November 2, 1993 On Measures to Prevent Vagrancy and Begging, and he had no rights and they were not mentioned in the decree.
Apparently, Andrei was not detained under a procedure stipulated by the Criminal Procedural Code of the RSFSR (the statement on detention was not made, and the right to see a lawyer, relatives or other persons stipulated in part 3, Article 122 and part 3, Article 52 of the Criminal Procedural Code of the RSFSR) was not given.
When presenting charges under part 6 of Article 96 of the Criminal Procedural Code of the RSFSR the law enforcement bodies were obliged in any case to notify a close relative of the suspect on the place of his detention.
A distinct pattern of violations can be traced: a person was denied his constitutional right to defence.
The question suggests itself: is there any proof that the letter of consent to being exchanged was not written under duress? No proof. So, perhaps, it is no accident that third persons were not allowed to see the detained man? The state mechanism and the citizen. Why intrude upon such an intimate and confidential relationship? Could this be the case?
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