LGBT rights in Chechnya

In the Middle Ages, Chechen society lived according to the norms of traditional law - adatam , customs. Moreover, in different places of the region and in different types of tribes (clans) they could seriously differ. According to adats, homosexual contact between men was generally considered a crime like any other form of extramarital sex , not fundamentally different from them in terms of qualifications or punishment. At the same time, such offenses were not regarded as crimes against society or morality, but as a problem of a concrete family, which it should have dealt with itself in order to avoid “loss of honor” and ostracism from the society. The degree of punishment varied greatly: from fines, exile, and ending (often) with murder. At the same time to convict a person required eyewitness testimony ^[2] .

In the 16th – 19th centuries Islam spread in Chechnya, as a result of which the Islamic law, the Shari'ah, began to compete with the norms of the local adats. According to these religious beliefs, any same-sex (both male and female) contacts are considered a sin . Muslim law recognized male homosexual relations as a crime identical to adultery (Zina) , but the degree of punishment for them could also vary: from corporal punishment with whips, to the death penalty . At the same time, in order to prosecute the Sharia court, the evidence of four men was required, who saw the act of penetration in person. Female same-sex contacts were treated much softer ^[2] .

In 1834, Imam Shamil headed the North Caucasian Imamate created by him. This theocratic Islamic state included Chechnya, Dagestan and part of Circassia . During his reign, Shamil fought against adats, which contradicted the Sharia. In 1859, during the Caucasian War, the Imamat was conquered by the Russian Empire . The new government created for the mountaineers special local courts, which were guided in their work by the adat. This system existed until the 1920s. At the same time, the Russian authorities have banned murder for same-sex contacts, however, they have retained the other types of punishment: expulsion, fines and “ blood ” ^{[2] [3]} . For the rest of the empire, norms of the Code of Punishment , according to which men were deprived of their rights for same-sex contacts and referred to settlement in Siberia, acted.

After the collapse of the empire and the civil war in 1920, Chechnya became part of the USSR . Adat and Shari'a were banned ^[2] , according to Soviet laws homosexuality was decriminalized . In 1933, during the Stalinist repressions , punishment was reintroduced for same-sex contacts (up to 5 years in prison), which existed until the collapse of the Soviet state.

In 1991, during the power crisis, the Chechen Republic of Ichkeria was proclaimed and the First Chechen War began . In 1996, after the end of the war and the adoption of the Khasavyurt agreements and until the start of the Second Chechen War in 2000, Chechnya was de facto outside the legal field of the Russian Federation. The republic adopted its own Criminal Code, almost completely copied from the 1991 Criminal Code of Sudan ^[4] . At the same time in the Sudan itself, the prosecution of homosexuals was introduced in 1899 as a result of the conquest by the British Empire , and continued after the Islamization of the country ^{[5] [6]} . In the Chechen (Sudanese) criminal code, the norms of Islamic law were peculiarly connected with the institutions of European law. In particular, it provided for punishment for “chastity” (and attempted murder), which meant not only anal contact between men, but also men with a woman. According to Article 148, convicted for the first and second time was subjected to “scourging” with 100 blows and imprisonment for up to 5 years, if he was convicted for the third time - the death penalty or life imprisonment ^{[7] [8] [9 ] [10]} . During the Second Chechen War, Chechnya re-entered the Russian Federation in 2000, and homosexual contact was once again officially legal .

Sociologist and Caucasian historian I. V. Kosterina notes that after the fall of the USSR in the North Caucasus, the process of reviving archaic practices began: “ honor killings ”, “ blood revenge ”, “ bride kidnapping ”, and so on. Issues of physicality and sexuality in societies of this the region is a taboo topic for discussion, such conversations are considered immoral. In addition, the prohibition of this topic is dictated by the new spread of Islam. As a result, the authorities and the population of Chechnya have developed ultraconservative homophobic notions that there can be no homosexuals in this region ^{[11] [12]} . In Chechen society, the archaic concept of “shame” is also accepted. At the same time, the “shame” of one person extends to his entire family, which is ostracized by other people. For example, girls from this family will not be married, a member of this family may be fired or not taken to a good job, etc. It is believed that the relatives of a disgraced person should deal themselves with him, including with the help of “ honor killing ” or exile. At the same time, law enforcement agencies in Chechnya often do not investigate such killings. One of the reasons for the "shame" is homosexuality . Transgender ^{[13] [14] [15] [16] [17] [18]} may also be subjected to the same attitude in Chechnya. Doctor of Historical Sciences Caucasian V. O. Bobrovnikov notes that the modern rhetoric of the Chechen authorities looks more like the Soviet tradition of censuring homosexuality as an antisocial offense, since it is impossible to return to pre-Soviet national traditions and sharia ^[2] .

Chechen homosexuals themselves lead a secretive lifestyle. Communicate only among a narrow circle of trustees. Often they are married and have children, as the family requires of them ^{[14] [19] [20]} .

According to a number of testimonies in Chechnya, the practice of “pods” of gays has developed among law enforcement officers. The police got acquainted with the homosexual through the Internet, lured him to a meeting, and then beat him, created compromising material, which blackmailed the victim, extorting money and the names of other gays ^{[16] [21] [22] [23]} .

The head of the Chechen Republic, R. A. Kadyrov , whom human rights activists accuse of building a totalitarian regime ^{[24] [25]} , has repeatedly spoken on the topic of homosexuality. So in 2009 in an interview with the newspaper “ Tomorrow ” he called homosexuality “the main problem of modern Russia” ^[26] , in 2016 he criticized K. A. Raikin for the play “All shades of blue” ^[27] .

Journalists Elena Milashina and Irina Gordienko emphasize that after the murder of Boris Nemtsov in the Chechen Republic, the practice of massive illegal detentions and extrajudicial executions became routine. Moreover, law enforcement agencies use the same methods to fight terrorists , “wrong” Muslims (“ Salafis ”, “ Wahhabis ”), “drug addicts” and traffic violators ^{[21] [22]} .

In March 2017, the human rights organization “ Russian LGBT Network ” began to receive information that mass arrests, torture and murder of homosexual men began in Chechnya. On March 29, this organization opened the hotline kavkaz@lgbtnet.org ^{[15] [17]} .

On April 1, Novaya Gazeta published an article that reported more than a hundred illegally detained people and at least three murdered gays in Chechnya. At the same time, the journalists referred to “an unprecedentedly large number of sources”, among which were LGBT activists, unofficial sources in local UFSB, the Ministry of Internal Affairs, the prosecutor’s office and the administration of the head of the republic. Famous muftis and journalists were mentioned among the detainees ^{[28] [21]} . Information on mass detentions was confirmed by human rights activist E. L. Sokiryanskaya ^{[29] [30]} . On April 3, the journalist of the Novaya Gazeta, Elena Milashina, said that the number of those killed could be more than 50 ^[22] .

According to the investigation of Novaya Gazeta, the first wave of illegal detentions began in the 20s of February, when a young man was detained in Chechnya in a state of drug intoxication. While watching his phone, the police found intimate materials, as well as contacts of local homosexuals. As a result, mass arrests and killings began. The second wave of repression occurred after in early March, LGBT activists of the GayRussia.ru project within the All-Russian company applied for a gay parade in a number of cities in the region ( Nalchik , Cherkessk , Stavropol , Maikop ) ^{[15] [21]} . According to the investigation of Radio Liberty , mass arrests of homosexuals in Chechnya began back in December 2016 ^[16] . Later, interviews with victims were published by many other media outlets, including The Guardian ^[31] and the BBC ^[32] .

Illegally detained people were sent to secret prisons (including in Argun and Tsotsi-Yurt ), where they also contained suspects in relations with Syria , use of psychotropic substances, etc. There they were beaten, tortured with electricity and bottles, and “preventive and educational conversations ", some were killed. At the same time a number of relatives demanded a ransom for the release of prisoners. Relatives who came for their loved ones were also humiliated and demanded that they commit the honor killing of a relative. During the torture, the police found out the names of other homosexuals who were also detained. The police also compiled a list of “suspects” according to the phone contacts of previously detained persons, they left those phones on and entered all the callers and men who called them, set up ambushes at the victims' apartments ^{[15] [16] [21]} .

Among those involved in the massacres, Novaya Gazeta named Magomed Daudov, the speaker of the Chechen parliament, and the head of the OMVD for Argun, Ayub Kataev ^[21] .

At a meeting of Russian President V. V. Putin and the head of the Chechen Republic R. A. Kadyrov , a well-known Chechen theologian Hasu Tepsurkayev was named among those allegedly suspected of homosexuality, although the media did not mention it ^[33] . At the same time, the name and photographs of a supposedly injured religious figure were distributed in the Chechen sector of the WhatsApp application, which is used by local residents as a communication channel beyond the control of the authorities of the republic ^[34] . In December 2015, Khasu Tepsurkayev was mentioned as an adviser to the head of Chechnya ^[35] .

In September 2017, it became known that Arbi Musteyevich Altemirov ^[15] and pop singer Zelimkhan Bakayev was one of the victims of the massacres.

On October 13, 2017, it became known that Maxim Lapunov, who lived in Grozny, wrote a statement to the Investigative Committee of Russia about his abduction and torture in connection with his homosexuality: on March 16, 2017, he was detained by law enforcement agencies, he was kept in a secret prison for about two weeks in Grozny, they were beaten and bullied ^{[36] [37]} .

Reaction

On April 1, in response to publications in the media, a member of the Human Rights Council under the head of Chechnya, Kheda Saratova, said on the radio “ Moscow Says ” that “the entire judicial system ... will understand” the murder of homosexuals, and she would not even consider the statement about This, if it came to her ^[38] . The next day, she stated that she was misunderstood ^[39] . A spokesman for the head of Chechnya, Alvi Karimov, called the publication in the media a lie, since “you cannot detain and oppress anyone who simply does not exist in the republic ... If there were such people in Chechnya, the law enforcement agencies would not have any worries with them, because the relatives themselves would send them to the address from which they do not return ” ^{[40] [41]} . The Chechen Minister for National Policy, External Relations, Press and Information Dzhambulat Umarov ^[42] , as well as the Chechen Ombudsman Nurdi Nukhazhiev ^[43], expressed a similar vein. In general, representatives of the Chechen authorities did not deny repressions against homosexuals themselves, but claimed that there were no gays in their region, in principle, while they confirmed that such persons would be subject to severe persecution upon detection ^[21] .

On April 2, the Yabloko party demanded an immediate investigation by the Investigative Committee of the Russian Federation ^[44] . The head of the Presidential Human Rights Council, Fedotov, MA, also called for a thorough investigation ^[45] . April 3, presidential spokesman D.S. Peskov stated that he did not have information about persecution of gays in Chechnya ^[46]

On the same day, a group of more than 20 human rights activists, activists and journalists gathered in Moscow, among them representatives of the Novaya Gazeta and the All-Russian LGBT Network. They developed a joint action plan to evacuate the affected people from Chechnya, highlight the problem in the media and work with foreign governments to urge them to put pressure on Moscow.

On April 3, State Duma deputies Sh. Yu. Saraliev and V. V. Milonov sent a request to the Prosecutor General's Office with the requirement to bring Novaya Gazeta to responsibility for “insulting the mentality of the Chechen nation” ^[47] . On the same day, a meeting of Islamic religious leaders was held in Grozny (including Adam Shahidov, Salakh-Khadzhi Mezhiyev, etc.) and believers, where threats of retaliation for “insulting the people” sounded to journalists of “Novaya Gazeta” ^{[48] [49] [50]} .

The musician Yury Shevchuk addressed the appeal to the Chechen authorities, calling for “solving all problems in a civilized way” ^[51] .

The investigation was demanded by international human rights organizations: Amnesty International ^{[52] [53]} and Human Rights Watch ^{[54] [55]} . UN experts at the UN Human Rights Council stated that the repressions against Chechen gays "are unprecedented acts of persecution and violence in the region, they constitute serious violations of the international obligations of the Russian Federation in the field of human rights" ^[56] . The authorities of France ^[57] , Great Britain ^[58] , Germany, the USA ^[59] , the Council of Europe ^[60] , Australia ^[61] , etc. condemned the events and called for an investigation.

In connection with the Chechen events, British political activist Owen Jones called on the world LGBT movement to unite and rebel against homophobia ^[62] . This topic has also become one of the issues discussed at the presidential elections held in France : J.-L. Mélenchon , B. Amon , E. Macron condemned the events ^[63] .

During the May visit to Moscow, German Chancellor Angela Merkel asked Putin to protect the rights of homosexuals in Chechnya ^[64] . British Prime Minister Theresa May condemned the situation, calling the actions of the Chechen authorities "barbaric atrocity" ^[65] .

Expert Opinions

Paul Johnson, a professor of sociology at York University, an expert on the relationship between legislation, human rights and sexual orientation ^[66] , in his lecture dated May 16, 2017, noted that, according to "credible statements confirmed by the British government, homosexual men in the Chechen Republic detentions by the authorities, and some reports suggest that some of these men were killed and many were tortured. ” ^[67] Johnson also expressed doubts that in Chechnya and in any other part of the Russian Federation there would be widespread support for the idea of ​​the identity of the concepts “rights of LGBT citizens” and “human rights”. ^[67]

Progress of investigation

On 16 May, the Commissioner for Human Rights in the Russian Federation , T.N. Moskalkova, transmitted to the Investigation Committee the opinion of the Public Council under the Ombudsman regarding the situation with the persecution of gays in Chechnya, which includes information about specific victims ^[68] .

As a result, the Directorate for Investigation of Particularly Important Cases of the Main Investigative Committee of the RF ICS in the North Caucasus Federal District initiated a preliminary investigation. According to Novaya Gazeta, its first results confirmed some of the testimonies of journalists ^[68] .

In the first half of January 2019, the Russian LGBT Network ^[69] reported on a new wave of illegal prosecution of homosexual men and women in the Chechen Republic. According to human rights activists, from the end of December 2018, about 40 people were abducted, at least 2 of them were killed. According to other sources ^{[ how? ]} , security forces killed at least 20 people. Victims, anonymously interviewed by human rights activists and journalists, report that the police began to act more harshly to prevent homosexuals from escaping from the republic.

• Tatiana Loshkina , Kyle Knight, Anastasia Ovsyannikova. "They have long arms, and they will find me." A round-up of gay men in Chechnya in the spring of 2017. = "They Have Long". Anti-Gay Purge by Local Authorities in Russia's Chechen Republic. // Human Rights Watch . - 2017. - 26 May.
• "They told me that I was not a man, but a nothingness, that I would rather be a terrorist than a fagot." Report on the facts of persecution of LGBT people in the North Caucasus region. . - 2nd ed. - SPb. : Russian LGBT Network , 2018. - 48 p.
• "They told me that I was not a man, but a nothingness, that I would rather be a terrorist than a fagot." Report on the facts of persecution of LGBT people in the North Caucasus region. . - SPb. : Russian LGBT Network , 2017. - 28 p.
• Joint Report on the 30th Session of the Universal Periodic Review by the Anti-Discrimination Center “Memorial” and the Russian LGBT Network . - Anti-Discrimination Center “Memorial” , Russian LGBT Network , 2018. - 11 s.
• Piet De Bruyn. Persecution of LGBTI people in the Chechen Republic (Russian Federation) (Eng.) // PACE . - Strasbourg , 2018. - June 8 ( no. 14572 ).
• PACE Resolution No. 2230 (2018) “Persecution of LGBTI Persons in Chechnya (Russia)” , 2018 (English)
• Report on Russia (Chechnya) OSCE rapporteur V. Benedek , 2018 (Eng.)