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INDEX/CENSORHIP DOSSIER VS SERGEI YASTRZHEMBSKY, ASSISTANT TO ACTING PRESIDENT AND VALERI MANILOV, FIRST DEPUTY CHIEF OF THE GENERAL STAFF OF THE RUSSIAN ARMED FORCES
Information on the actions of Sergei Yastrzhembsky and Valeri Manilov with regard to Radio Liberty correspondent Andrei Babitsky

DEBATES

• Contributions in defence of the actions by Sergei Yastrzhembsky and Valeri Manilov
• Contributions against

The contributions which in the opinion of the editors are made from the viewpoint of law are preceded by a grey strip and all the others by a blue one.

February 22, 2000

In their claims to Sergei Yastrzhembsky and Valeri Manilov the "accusors" cast aside elementary logic. They are outraged that officials proceed from the following logical proposition: a Radio Liberty journalist was covering the actions of the militants, consequently, he was to some extent an accomplice in these actions. If the "accusers" consider this proposition to be valid what are their claims to Sergei Yastrzhembsky and Valeri Manilov?

And if the "accusers" challenge the validity of this proposition why do they use the same arguments in putting forward their accusations? For they claim precisely this: Sergei Yastrzhembsky and Valeri Manilov are providing information support for such and such actions with regard to Babitsky. Consequently, they are accomplices in these actions.

No double standards please.

February 22, 2000

Andrei Babitsky was detained and placed in Chernokozovo detention center with the sanction of the Prosecutor of the Naursky district of Chechnya under Decree No.1819 of the President of the Russian Federation of November 2, On Measures to Prevent Vagrancy and Begging. This decree allows of such actions for a period of up to 10 days, with the detainee having no rights because the Decree simply does not specify them.

The Decree contradicts Part 3 of Article 55 of the Constitution of the RF which reads: "The rights and freedoms of man and citizen may be restricted under federal law (...)". Only under federal law.

All the indications are that Andrei was not detained under a procedure stipulated under the Criminal Procedural Code of the RSFSR, that is, no statement was drawn up on the detention and he was not allowed to see his lawyer, relatives or any other persons (as provided for under Part 3 of Article 122 and Part 3 of Article 52 of the Criminal Procedural Code of the RSFSR).

On January 27 he was remanded in custody as an exceptional case stipulated under Article 90 of the Criminal Procedural Code. That was in violation of the provision of Part 6 of Article 96 of the Criminal Procedural Code of the RSFSR: "The person or the body conducting a criminal case shall promptly notify one of the close relatives of the suspect (...) on the venue (...) where he is kept under guard."

From the legal point of view this operation cannot be qualified as an exchange because of the disparity in the status of the persons exchanged.

Most probably what happened was the handover of a Russian citizen by the representatives of the state to those whom that state has outlawed.

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