Protection of human rights during the anti-terrorist operation (ATO) on the North Caucasus remains on our agenda: there are still cases of arbitrary detentions, disappearances, instances of ill-treatment and tortures, as well as unfair trial. We are keeping track of the dramatic changes in the anti-terrorist legislation and we see law enforcement authorities, prosecutor’s office and security services receiving all the more extended jurisdiction. While in practical terms extensions of power may seem only marginal, it can lead to severe violations of human rights. Take, for instance, collection of DNA samples from potential terrorists in case they blow themselves up. As the law stands, this data collection is voluntary; actually, however, the procedure is compulsory and presents a case of violation of the right to private life.
Prosecutor’s right to access personal data without court warrant can also be a violation of the right to personal and family life.
Quite recently there has been an addition to the Criminal Code stating that convicted terrorists’ relatives are financially liable for the actions they had perpetrated in cases when the terrorists did not survive. This notion of collective responsibility is fundamentally at odds with the European Convention and the European legal standards.
We are closely watching the cases of destruction of personal lodgings and confiscating lodgings for administrative needs during the ATO. At present, depending on the nature of violation, we classify such cases in terms of protection of property rights, and they may have a perspective of submission to the ECtHR.