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Family of deceased hostage to sue Russia at Strasbourg
Author ^
| January 19th, 2006
| Oleg Zhirov
Posted on 01/26/2006 1:22:41 PM PST by struwwelpeter
To the European Court of Human Rights
From Oleg Alexandrovich Zhirov,
Address -----------
The Netherlands
Telephone: --------
A description of the events at the Dubrovka theatrical center, in the city of Moscow, October 23-26, 2002.
On October 23, 2002, my wife, Natalya Zhirova, and our 14- year-old son, Dmitriy, were in attendance at the Russian musical 'Nord-Ost', being held at the Dubrovka theatrical center. I learned of the theater's seizure by terrorists from the television. I immediately dressed myself, and within 15 minutes I was at Dubrovka. I received the first call from my wife on my mobile phone as I was nearing the parking lot near Dubrovka. This was about 10 PM, on October 23rd.
Confusion reigned at Dubrovka. I immediately contacted police officers, who naturally sent me packing and requested that I not bother them with my information. After this, I contacted S.V. Yastrzhembsky, who was the Russian presidents representative and in charge at Dubrovka during those hours. He permitted me to remain within the cordon that the police and military officers were setting up around the scene, and briefed me every half-hour about whatever he knew. Once, right in from of my very own eyes, his assistant asked him what they should tell the media. Yastrzhembsky answered: "Tell them that the Chechens demand money." Within a half-hour, radio station Echo of Moscow, TV station NTV, and other media outlets transmitted this information into ether. Thus the disinformation campaign was born.
About a half-hour later, Yastrzhembsky went up to some members of the press, and promised to tell them frankly all that was going on. A site was designated for a meeting, in an apartments courtyard just outside the cordoned off area.
At this time, THEY SHUT OFF ALL MOBILE PHONE COMMUNICATIONS AT DUBROVKA! When journalists asked why they had cut off all mobile phone communications, S.V. Yastrzhembsky smiled, and joked maliciously: Your cell phones dont work? Thats strange, mine work. Why the special services found it necessary to shut off all the cell phones is not understood. So that no one could contact those who were inside the seized theater?
Communications were restored after two or three hours, and my wife was able to contact me a second time. She and my son gave me information on the number of foreign hostages, which I gave to representatives of the foreign press and the Dutch embassy. All journalists, other than representatives from the television station ORT, who were probably otherwise informed) arrived at the spot Yastrzhembsky had designated for his press conference, and at the assigned time. The conference did not take place, however. Yastrzhembsky gave an interview to journalists from ORT in a different location. The other reporters had been tricked into leaving the cordon, and were never allowed back inside. After this, representatives of the media were no longer right next to Nord-Ost; the building was now outside their line of sight.
By midnight the generals had arrived, and they did not talk to Yastrzhembsky at all. He was assigned, probably, another duty - the role of dezinformator, the purveyor of disinformation. It easy to see that, from the very beginning, the military and secret services were preparing something which the rest of us had no need to know about, and without attempting to establish contact with the hostages. I figured out that from the night of October 23-24 onward, Yastrzhembsky knew nothing, and was not going to help in any way, besides in the spread of disinformation. I began to look for Dutch journalists, and tried to contact the embassy.
My brother, who at that time worked for FAPSI, the federal governments communications and communications intelligence agency, helped me contact the staff of the Alpha anti-terrorism force. They advised me to call Natalya and Dima (Dmitriy), and tell them that they should mention the name of that special forces operational planning commander, assuring me that Natasha and Dima would be left alone after that. I immediately understood what this could lead to. If they had done this, then Natasha and Dima would have been the first to be shot by the terrorists, and this was probably what Alpha wanted in the first place. After this, I no longer tried to contact Alpha, Yastrzhembsky, or any other of the authorities, and left the cordon.
October 24th was a terrible day. First, they broke off the negotiations. Yastrzhembsky was keeping some foreign diplomats in a building commandeered expressly for this purpose. They were expecting negotiations, and Yastrzhembsky would not allow them to accept information from hostages or their relatives, or even the terrorists, who themselves were attempting to release some hostages on the morning on the 24th. The terrorists had made a new demand if relatives of the hostages were to hold a demonstration on Red Square, then they would release the children. The government did not permit it. OMON paramilitaries used rifle butts to chase away grandmothers and grandfathers, who were holding up signs with the tears on the eyes. I was overcome with fury and malice.
On the morning of the 24th, strictly by chance, I met Zaur Talkhigov near the Dubrovka building. We started up a conversation, in the course of which I learned that Talkhigov was a Chechen, and knew Barayev. He had gone to the Dubrovka building at the request of the Moscow Chechen community, with no official pass, papers, money, etc., guided only by the desire, in his words: To render assistance in contacting the terrorists in order to get the hostages released. Contact was established after awhile, and I spoke with Zaur about getting my wife and son released. I asked him repeatedly: Zaur, please, lets think of something, anything. Im ready to take my wifes or my sons place. Zaur said that he would do it. A woman journalist ran up to us at this time: Zaur, a phone call for you. Its the FSB duty officer. The FSB staff duty officer is calling. So they invited him into the headquarters. I personally accompanied him to the police cordon, and saw someone come out from the headquarters and conduct him into the building. Talkhigov was now the center of attention. The Russian politicians Yavlinsky, Nemtsov, Kobzon, etc., together with senior FSB officers, representatives of the government, and foreign journalists, used Zaur as a mediator in negotiations. Many thought he was from the FSB. In reality, though, all he could do was call the hostage-takers by phone. I contacted Zaur regularly, and was interested in the state of affairs. There were no changes, however.
Talkhigov and I stayed up together on the night of October 24-25. At one point, he said he needed to go to an Internet cafe on the Manezh. I asked him how he would get there without papers. "(FSB chief) Patrushev signed this paper for me, no cop will arrest me, he replied. But since theres no money, Ill have to go on foot. I offered him money for a taxi, but he said: I wont take any from you. Because then youll think Im helping you for the money. You fool, I said. Youre the only one who can do anything about his situation. Im afraid to let you out of my sight. Nevertheless, I managed to persuade him to take some money for a taxi, and he returned within an hour. We spent a sleepless night together in conversation, about how to help the hostages. I asked him again: How can we contact Barayev? Talkhigov looked straight at me, and said: You know, Oleg, they are very devout Moslems. They wont do anything bad to the hostages. I think they have a different use for them. But they dont trust me. They think Im from the FSB, so they dont speak openly with me.
Then I got an idea. I called up my wife again. It asked her to get one of the gunmen. I said that a Chechen wanted to speak with them. My son later told me that a masked terrorist came up, took the phone, and went to a corner of the music hall. He spoke with Talkhigov in the Chechen language for a long time. The Chechen even tried to give the phone to Barayev, but Barayev refused.
As soon as we had finished, someone called back on the very same cell phone: Oh, will you will excuse me. Im a Russian journalist, I dialed the wrong number. How, I wondered, did a Russian journalist get my private Dutch telephone number??? As it later turned out, from this moment on my telephone was under surveillance.
Natasha then called. Oleg, they reseated us into the first row, and they said that if the Dutch ambassador comes tomorrow morning at nine, with journalists, then they will let us go. After discussing this with Dutch journalists and the political adviser from the Dutch embassy, I again called Natashas number. A Chechen answered. From that point on, the Chechens had my wifes phone, and Zaur discussed the details of my familys release with them.
On the morning of the 25th, the diplomats arrived again. Yastrzhembsky told them that the foreigners would be released all at once. This was not the truth, since Barayev had said that embassy officials could only take citizens from their own country. The government once again was exploiting disinformation. Someone did not want foreign hostages released. When, later in the day, the diplomats had left, representatives from the Ukrainian government contacted Zaur. They said that they were told to obtain the release of Ukrainian hostages from Barayev though Zaur. By midday, Zaur got the terrorists to agree to release the Ukrainian hostages. After awhile, I asked to speak with Barayev, to discuss the details of the release with him. I was going to promise that he could give my wife a message to send to the Dutch information agency RUSNET, which they could report to the outside world. I dialed Natashas number and, to my surprise, she picked up the phone. It was our last conversation. At the time I thought they would soon be released. She gave the phone to the Chechens, and I gave mine to Zaur, and he talked at great length. I remember that he slipped a few Russian words in among the Chechen he was speaking: OMON, snipers, BTR armored cars, and so on. Everything he was saying, however, could clearly be seen by anyone standing there at Dubrovka.
Soon after this conversation, Zaur was arrested. All negotiations concerning the release of the hostages ceased at the time of his arrest, and the FSB conducted negotiations directly with the terrorists.
Zaur and I had twice negotiated the release of foreign hostages, and the ambassadors had arrived. They were taken to a separate building where they sat and waited, and then Yastrzhembsky told the diplomats that Barayev allegedly would not negotiate. This had absolutely no basis in reality, because Barayev had personally requested of Zaur: "Let the ambassador of Holland come, and I will free the Dutch. Other ambassadors come, Ill let others go. Someone greatly desired that the foreign hostages no be released, and so they arrested Zaur, shut down the negotiations, and conducted an assault.
Later, speaking as the main witness at Zaurs trial, I described his efforts. According to the attorney general, the FSB, ironically had only one recording of Zaurs telephone conversations, and it was precisely that one in which he spoke about the disposition of the OMON officers, the BTR armored cars, and the special forces. All Zaurs other telephone negotiations concerning the release of the hostages, according the FSB, had been destroyed. Proving Zaurs innocence proved impossible, and he was sentenced to 7 years in prison.
On the morning of October 26th, I found my son Dima quickly. Natasha, even though I turned half of Moscow on its head, could not be located. At 9 AM, no foreign hostages had died, officially. No tally was provided for a long time. On the night of October 26-27, I again turned to my brother, who worked for FAPSI. He and a college friend of his, who worked in the operational headquarters of Alpha, starting looking for my wife, since they had access to those places usually closed to the public. Through their efforts, Natasha was located in the morgue of one of Moscows hospitals.
Abusing by his authority, my brother talked FSB officers at the hospital into letting us in. Accompanied by the Dutch ambassador and his political adviser, I arrived at the hospital at 8 A.M. on the 27th. By then, however, Natashas body had had been transported to the Botkin Hospital. On the way to this hospital, while listening to the radio, we learned that the corpse of the first foreigner known to have died at Dubrovka had been identified Natalya Zhirova. FSB officers were waiting for us at Botkin, and told me that if I wanted to have Natasha released for burial quickly, I must not ask too many questions. I agreed. According to the coroners report, Natasha died in the theater hall. It was later determined she had passed away at the hospital without receiving any medical attention.
For his part in assisting with the search for my wife, my brother was fired from his job at FAPSI.
After the assault, two young investigators questioned me. One was from the FSB, and the other from the attorney generals office. They only wrote down that which they found useful to themselves. I told them at the time that they were doing nothing useful. They tried to bring me in for questioning once again, but, after consulting with my embassy, I refused.
I have never received an official letter, or condolences, from either the Russian government or the Russian embassy. When colleagues from the Dutch company, where my wife worked as engineer, tried to attend her funeral in Moscow, the Russian embassy would not grant them a visa. It was only at the last minute, when her colleagues had threatened to sic the Dutch press on the embassy, that visas were granted.
While I was participating in Zaurs trial, the Russian embassy rejected my entrance visa as well, and did not grant one until NTV, and the Russian and Dutch press reported: The chief witness cannot get a visa.
I later participated in other Nord-Ost trials. Twice I was served with subpoenas. The court consequently refused to compensate me for the expenditures connected with my trips to Russia to participate in these sessions. This judicial lawlessness is but another example of what is going on with the Nord-Ost affair in Russia.
I personally wrote this text on January 19th, 2006.
Oleg Alexandrovich Zhirov,
Citizen of the Netherlands
As the proof of what I have written, I present the documentary by Dutch journalist Peyter Damekura, Russia Held Hostage, and videos from Dutch television made on October 23-26, 2002.
TOPICS: Crime/Corruption; Foreign Affairs; Russia; War on Terror
KEYWORDS: 200210; 20021023; alexandrovichzhirov; chechens; chechnya; dubrovka; echr; fentanyl; fsb; moscow; nordost; olegzhirov; pace; russia; strasbourg; vanity; zhirov
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More information concerning the terrorist attack on the Moscow theater.
To: struwwelpeter
"Why the special services found it necessary to shut off all the cell phones is not understood. So that no one could contact those who were inside the seized theater?"
The reasons do not occur to this person making allegations for the purpose of winning large financial judgements in courts. However, I can think of a few very good reasons.
1) Stop terrorists the ability to talk to journalists, denying them the ability to make a grandstanding spectacle of their propaganda in the media. This definitely discourages future terrorism, and thus saves many innocent lives that would otherwise be lost in the future.
2) Deny the ability of people to attempt seperate negotiations with terrorists, which results in much finger pointing and handwringing as we see from this individual. Look at the current "negotiations" with Iran... You can never act because someone always says you should talk more, they have arranged things with a new negotation, there is more hope for peaceful resolution -- meanwhile the deaths of many more innocents are insured.
3) It is exceedingly common for bombs to be triggered by cell phone. The place was already known to be wired with bombs, so stopping cell phones from working is very prudent indeed!
4) I think it is a miracle this many hostages survived this terrorist attack. Horrible tragedy for the ones who died, but terrorists very much deserve primary blame.
To: Mount Athos
I agree with you assessment as to why they shut off the cell phone communications, at least for the first few hours after the theater was seized. Oleg's brother, who used to work at the Russian NSA, should have told him.
I think it is a miracle this many hostages survived this terrorist attack. Horrible tragedy for the ones who died, but terrorists very much deserve primary blame.
Given the serious nature of Fentanyl anesthetics - they have to be administered with a physician present and a crash cart available - I'm surprised that many lived as well.
I think the surly nature of the Russian bureaucrat is more to blame for the antagonism the former hostages and their family members have against the Russian government than anything else.
BTW: Freeper 'svni' also has a case under review at Strasbourg. I keep telling her that she's wasting her money.
The ECHR can't award compensation, their judgments are strictly recommendations. You knew this, right? Your comment making allegations for the purpose of winning large financial judgements in courts sounds a lot what svni keeps hearing from the Moscow attorney general's office.
To: Mount Athos; nw_arizona_granny; Calpernia; Velveeta; Tailgunner Joe
I'll bet a shot of stoly that the ECHR's resolution will be word for word
what the UN said about Dubrovka:
"14. While acknowledging the serious nature of the hostage-taking situation, the Committee cannot but be concerned at the outcome of the rescue operation in the Dubrovka theatre in Moscow on 26 October 2002. The Committee notes that various attempts to investigate the situation are still under way but expresses its concern that there has been no independent and impartial assessment of the circumstances, regarding medical care of the hostages after their liberation and the killing of the hostage-takers. "The State party should ensure that the circumstances of the rescue operation in the Dubrovka theatre are subject to an independent, in depth investigation, the results of which are made public, and, if appropriate, prosecutions are initiated and compensation paid to the victims and their families."
The 'Nord-Ost' people are spending a lot of time, and subjecting themselves to lots of bad publicity, just to get a bunch of impotent bureaucrats to issue nice words.
And Gubareva called ME naive. Ha!
Of course, I don't have her motivation...

To: struwwelpeter
5
posted on
01/26/2006 3:27:50 PM PST
by
svni
To: struwwelpeter
The ECHR can't award compensation, their judgments are strictly recommendations. You knew this, right? Your comment making allegations for the purpose of winning large financial judgements in courts sounds a lot what svni keeps hearing from the Moscow attorney general's office.
The author of the article you posted here, Oleg Zhirov, is most famous for making claims in Russian courts to request large financial compensation from the Russian government. I thought you knew this.
He explicitly asked the courts for 720,000 Euros as compensation for "loss of profit" from the potential income of his dead spouse. He also asked for an ongoing monthly payment of 2000 Euros for his children. He also wanted 30,000 Euros for her funeral. http://www.mosnews.com/news/2004/04/20/dubrovka.shtml
When terrorists attack, I say the government owes no one "compensation" -- the terrorists are the ones who owe that. If the government wants to make compassion payments to families that is fine, but it should not be "compensation" for any shortcoming on their part. Mistakes by authorities are inevitable given time and information constraints, no one can prepare fully and handle things perfectly. Terrorists deserve the overwhelming amount of the blame. Lawsuits and fingerpointing only magnify the terrorist attack. That doesn't mean we shouldn't learn from it, to do better next time.
Given the serious nature of Fentanyl anesthetics - they have to be administered with a physician present and a crash cart available - I'm surprised that many lived as well.
Which had a more serious nature -- the terrorists wiring more than enough explosives in the theatre to ensure over six hundred innocents die, or anesthetising gas which killed 1/6th of the hostages? (They had hoped far fewer would have died)
The authorities had to make this call in a terrorist situation thrust upon them, and given the constraints their decision was quite understandable and reasonable. Though some critics will never acknowledge it, far more would have likely died if they had not used the gas. While probably more died than the authorities might have hoped, one cannot doubt that the attempt to use anesthetizing gas was a reasoned attempt to save as many as possible. Their options were quite limited with so much explosives wired to go off in a moment. Probably the hostage rescue team would not go on a suicide mission inside the building without the gas.
The amount of explosives terrorists had wired throughout the theatre left little doubt about their plans to slay everyone. They said they would do so, and there was no doubt about their will to do so. Remember, Chechen muslim terrorists had recently also suicide bombed two airborne planes, slaying hundreds. They also mass murdered hundreds in apartment building explosions. They would later mass murder hundreds of school children in Beslan.
I think the surly nature of the Russian bureaucrat is more to blame for the antagonism the former hostages and their family members have against the Russian government than anything else.
You should have said some of the former hostages, instead of ventriloquizing all of them. Some relatives of September 11th believe the US government primarily to blame, but they do not speak for all of them and we should not imply all of them are of this mentality.
BTW: Freeper 'svni' also has a case under review at Strasbourg. I keep telling her that she's wasting her money.
Freeper svni is a good example of why some Russian bureaucrats and people are so skeptical of some of the critics.
Remember, svni pushes the outrageous conspiracy idea that the terrorist bombing of the Russian apartment complexes was a Russian governmental act done to justify the retaking of breakaway Chechnya. Yet right around the same time of this event, Chechens had twice invaded the Russian province of Daegestan, slaying hundreds. These invasions alone were more than enough to justify the war. The fact that the bombings happened at the same time as the Daegestan invasions certainly is strong evidence of a Chechen terrorist connection.
You must understand that people who push this Russia-bombed-russians conspiracy theory are immediately viewed skeptically by a significant portion of the populace. How can I explain -- what would you think of people who say September 11th was a conspiracy of the US government or jews? You would think such people are inclined to demonize the US or jews no matter how absurd or strained the attempt. You would probably be skeptical of further critiques they had, since they are not inclined to sober analysis. It is unfortunate that some criticisms that need to be said and heard come from discredited people who twist everything into a new opportunity to demonize.
Anyway, so why are those Russian bureaucrats surly and skeptical of people like this author?
1) He really is asking for nearly a million Euros from the government. Terrorists are the ones who attacked, why should the government pay, as if they are primarily to blame? They aren't primarily to blame, the terrorists overwhelmingly are. This kind of suing and fingerpointing is what terrorists count on to magnify the effect of the attack.
2) The author grossly overstates the likelihood that negotiations would have succeeded, suggesting no one would have died if they hadn't dealt with the situation as they had. Reality is the opposite, probably everyone would have died if they hadn't acted.
3) The author's shortsighted view is that the government should have negotiated much more with the terrorists and given into their demands. Yet this results in far more deaths. Negotiating shows terrorists they can get what they want by killing and threatening innocents, and encourages far more terrorist attacks. Where is the compassion of the author for the far greater number of deaths his approach would cause?
4) Many critics are extremely sympathetic to the terrorists and their demands, suggesting Russia should not be in Chechnya and that the war was for no reason.
The reality is that Russia pulled out of Chechnya completely for several years. During that time, left to their own devices, they used the ceded Chechen territory to launch repeated invasions of the Russian province of Daegestan, slaying hundreds. This was a muslim expansionist attempt to conquer Russia piecemeal. They also gave themselves an extremist taliban style government. The invasions of Russia by Chechens forced Russia to act, unfortunately they have very blunt tools at their disposal.
To: struwwelpeter
My heart breaks for these families and their search for the truth.
7
posted on
01/26/2006 5:59:45 PM PST
by
Velveeta
To: Mount Athos
'svni' via ICQ tells me that she can't speak for Oleg, but she asked for 3 million euros.
My bad.
She writes: ya znala, chto vse ravno otkazhut, poehtomu prosila bol'she. Kogda mnogo prosish' i otkazyvayut ne tak obidno, esli prosish' i otkazyvayut ;-)
Being the Russian expert that you are, you should have no problem answering her.
To: Mount Athos; Velveeta; GSlob
Velveeta: svni thanks you.
Mount Athos: svni says -
vsya problema v tom, chto lyudi dumayut - esli Gubareva vystupaet protiv gosudarstva, znachit, ona zashchishchaet terroristov. Ehto ne tak. Prosto vina terroristov dlya menya ne podlezhit nikakomu somneniyu. Ne bylo by terroristov - ne bylo by vsego ostal'nogo. Vsekh chechentsev-terroristov v teatre ubili (tak govorit prokuratura), no te gosudarstvennyye chinovniki, kotorye upodobilis' terroristam, zhivy, prodolzhayut prinimat' resheniya. V rezul'tate ikh rehsheniy snova gibnut mirnye lyudi. Samoe yarkoe podtverzhdenie moim slovam - Beslan.
A za Beslanom mozhet byt' eshche lyuboe drugoe mesto, i v ehtom meste mozhet okazat'sya lyuboy iz zhiteley ehtogo sayta.
Nikto iz vas ob ehtom ne dumal?
Eshche Beriya skazal, chto ne byvaet bezimyannykh oshibok. Za kazhdoy oshiboy est' familya, imya, otchestvo. Ya khochu znat' ehti imena.
She lost me with the next one :-/
I eshche interesnaya mysl' - pochemu pogibshie v SShA 11 sentyabrya zasluzhivayut deneznykh vyplat, a pogibshie v Moskve - net?
To: struwwelpeter
Why do you call me an expert, I am definitely not, I just shared a few facts as I know them with some anti-terrorist opinions. I do not speak Russian beyond a little church slavonic.
To: struwwelpeter
The words of Lavrenty Pavlovich Beria are much more profound than what's used here: there are no nameless errors or failures [even when a failure was unavoidable, and not a result of an error], for the guilty or scapegoat parties will have to be either found or designated/appointed, so that all the blame could be affixed on them and not on the high and mighty leadership. Orwell's "1984" and "Animal Farm" presented the same thought, but with more literary means.
11
posted on
01/26/2006 6:39:22 PM PST
by
GSlob
To: Mount Athos; Velveeta; nw_arizona_granny; Calpernia; GSlob
I'm sorry, these NordOsters are getting to me. I'm definitely going to have to raise my fees ;-)
Svni said something to the effect of:
"The problem is that people think that if Gubareva speaks against the government, then she is defending terrorists. It's not so. The guilt of the terrorists is beyond doubt. Had there been no terrorists, there would have been none of the rest.
"They killed all the Chechyan terrorists in the theater (so the attorney general says), but those bureaucrats who ?acted like terrorists? are alive, continue to make decisions. As a result, peaceful people die. The brightest proof of my words - Beslan.
"And after Beslan maybe any other place, and in that place could be anyone of the residents of this site.
"None of you thought about that?
"Beria said that there are no ?unnamed? mistakes. Every mistake has a surname, name, and patronymic. I want to know those names.
"And another interesting idea - why did the victims of 9/11 in the US deserve renumeration, but not the victims of Moscow?"
GSlob can check my translation, and add his thoughts (please?).
I don't agree with a lot of this, but it's interesting. I learned a lot. Especially that I'm underpaid :-(
To: GSlob
I think the words of Comrade Sukhov are pertinent as well: "Vostok - delo tonkoe."
To: struwwelpeter
Your translation has two "holes": in it
1. "Attorney General"-wrong. should be "prosecutor's office"
2. "?Acted like terrorists?" - should be "modeled themselves after the terrorists". The verb "upodobit'sya" means "to take after; to model oneself after; to purposefully become similar to".
As for "?unnamed? mistakes" - see #11.
14
posted on
01/26/2006 6:53:57 PM PST
by
GSlob
To: GSlob
Can you tell me the diffence between a 'public prosecutor' and a 'district attorney'? Is this just a US/UK language thing? Does 'attorney general' correspond to 'minister of justice'?
To: struwwelpeter
No difference between "district attorney" and "district procurator [=prosecutor]. Total difference between "Attorney General" [Minister of Justice as translated into American usage] and "Procurator general" ="prosecutor general". These two would be different high officials in the field of law enforcement. Prosecutorial service ["prokuratura"] there is/was [on paper] totally distinct from Ministry of Justice and represents a separate law enforcement hierarchy. On paper there a "procuror" is answerable only to the law and to hierarchically higher procurors. Thus when the writer of the original text was mentioning "prokuratura" it meant [had to] - some, most probably local or regional - office of "district - or regional - attorney", but most emphatically not the office of "Attorney General", i.e. "Ministry of Justice" [ministerstvo yustitsii].
16
posted on
01/26/2006 8:11:26 PM PST
by
GSlob
To: GSlob
Great, thanks. Good thing I've got lots of white-out ;-)
To: struwwelpeter
OK here is my response to svni. "why did the victims of 9/11 in the US deserve renumeration, but not the victims of Moscow?"
I am totally against the monetary payments that were made to the 9/11 families, in exchange for their waiving the right to sue. This set a horrible precedent for future terrorist tragedies, where every victim now expects governmental payment as an entitlement. Only terrorists owe compensation for their acts, the government didn't conspire to intentionally kill their loved ones. Why should the citizenry have to pay terrorist victim families when murder victims of orinary thugs and tragedies get nothing? It makes NO sense. I am for compassion and help for such victim families, but from them the government they only deserve as much help as any other victim of any tragedy should get. If the government wants to help them specially en masse that is fine but it should not be an entitlement or claimed to be some kind of compensation.
Instead, the U.S. government should pass a law giving companies total freedom from liability for terrorist acts. I believe this will reduce the damage, infighting and fingerpointing after terrorist attacks. Such lawsuits magnify the damage of terrorist attacks.
"Beria said that there are no ?unnamed? mistakes. Every mistake has a surname, name, and patronymic. I want to know those names.
Do you really wish to model your thinking after the genocidal communist Beria, who was speaking in terms of governmental propaganda used to terrorize the populace? The blame mentality of Beria works against improving the governmental handling of terrorist acts. The blame mentality of Beria has terrible side-effects, with governmental officials avoiding action and visibility to minimize their exposure to potential blame, instead of simply being motivated by saving lives. Is fear of blame really want you want officials to be motivated most by when handling the next terrorist attack?
Mistakes should be calmly reviewed to improve the handling of future attacks, and not made a fingerpointing spectacle that clogs the courts and wins lawyers summer homes. Wildly demonizing people who were just trying to do the right thing is seriously unhelpful. Dragging the Euro courts into this is just ridiculous, do you really want such organizations second guessing every handling of terrorist acts? They are the last people on earth you can count on for sober handling of the terrorist threat.
"They killed all the Chechyan terrorists in the theater (so the attorney general says), but those bureaucrats who ?acted like terrorists? are alive, continue to make decisions. As a result, peaceful people die.
Who do you blame for September 11th? I blame the participants and planners of the terrorist attack. Were mistakes made by U.S. government officials? Yes, that doesn't mean we should toss around slanderous smear accusations of government bureaucrats being "terrorists" who actively sought to murder people. We should not forget for a second that the overwhelming blame goes to the terrorists.
If we are to be honest and fair in our assessment, we should acknowledge that there were some good decisions and acts from government officials as well as mistakes. As terrible as the loss of 1/6th of the hostages in the theatre was, the truth is 100% would likely have died if they did nothing, so isn't there a possibility some praise is deserved? Ensuring that no terrorists survived also probably saved some future potential victims of terrorism, since terrorists know every attack in Russia will likely end up being a suicide mission. If you must follow Beria and have a name to blame for the Theatre attack and Beslan, how about the atrocity-loving muslim terrorist named Basayev?
"And after Beslan maybe any other place, and in that place could be anyone of the residents of this site.
"None of you thought about that?
Beslan probably motivates my writing on FR more than anything. It is exactly why I feel so strongly about the proper handling of terrorists. I believe much more and worse muslim terrorism is coming.
* Don't negotiate with or appease terrorists, as the author of this article advocates. If you do this, you ensure far more innocents will die, since this encourages and rewards terrorism. Giving into small demands only brings immediately bigger ones.
* Don't magnify the effect of terrorist attacks with public spectacle of blame gaming officials who did not intentionally conspire to murder -- terrorists are absolutely the ones deserving overwhelming blame. Terrorist acts should not clog the courts with opportunistic lawyers winning summer homes in jackpot justice. The author of this article wanted a million Euros from the government, can you imagine paying every terrorist victim a million Euros, that's every citizen being robbed.
* Don't drag in Euro appeasement handwringing orgs to judge the handling of terrorist incidents, they are the last people on earth who will lead us to properly confronting terrorism. They care about the human rights of terrorists far more than the human rights of future terrorist victims. Following them is a victory for terrorists.
To: Mount Athos
Thanks, that's an interesting reply. Very good points, and well researched.
I especially like your comment about Russia, unfortunately, only having crude (dull?) weapons to work with.
'Nord-Ost' is a pretty emotional subject for those who were there, or lost loved ones. No amount of money can bring a person back, and it - seems to me - only cheapens their memory.
When I was in (an undisclosed location) with a few NordOst-ers, they wanted me to translate a BBC documentary for them. When they heard what the narrator was saying they started yelling at me. Sheeze.
Sveta's convinced her daughter died under a pile of unconscious people. Court documents - from the Moscow District Attorney's investigation - claim that every bus was staffed by a doctor who swears all victims were alive and attended to. They have affidavits from these 3 physicians who managed to ride 5 buses simultaneously.
Whatever. It's in the bureaucrat's nature to cover his behind. Some accountability is in order, though. We had a sheriff voted out because of a bad outcome to a 'hostage ordeal' that he wasn't even present at, and the county losts big $$ thanks to its incompentent deputies.
But Russia will always be Russia. Russians fear nothing more than embarassment.
I agree wholeheartedly that companies should not be paying for terrorism (actually, they're paying lawyers exploiting terrorism). And I agree that the Chechens blew it. Every Soviet satellite was slowly devolving away from Moscow, and they decided to kick the comatose bear so hard that it bit their asses off and handed them back to them.
I don't put all Moslems in the Chechen category. Or even all Chechens, for that matter. My Turk, Kazakh, and Uzbek friends all put Germans to shame in their level-headedness. The problem nowadays lays with the Arab-Wahhabist-Jihadist crap that's taken over a big %age of the useless Arab world.
To: Mount Athos; struwwelpeter
I am grateful Mount Athos for the detailed account of his thoughts. This gives the possibility to explain my position.
First of all I want to say that immediately after tragedy I - in the course of several months daily were studied the documents, facts, films, interviews - everything which was somehow connected with the tragedy. Therefore today I possess somewhat larger information than you.
I will not speak about the explosions of houses now, because this is separate large theme. I want to report now only one fact - from 1999 and up to 2006 in the government of Russia did not locate money to conduct of analysis DNA, and, still now, 12 families cannot bury the remains of their dear and close, killed in the explosion of houses in Moscow. I am personally familiar with a woman who perished daughter, the husband of her daughter, and their son of three. She could bury only one. These families are agree to bury their loved ones in one common grave, but government IS NOT PERMIT them to do this.
In Russia there is a law on the combating of terrorism:
Article 2. Basic principles of combating of terrorism
Combating of terrorism in the Russian Federation is based on the following principles:
1) lawful;
2) it is priority the measures for preventing terrorism;
3) inevitablity of punishment for the conducting of a terrorist action;
4) combination of open and secret methods of combating of terrorism;
5) complex use of lawful preventive, political, social and economic, propagandistic measures;
6) priority protection of the rights of the persons who are undergone danger as a result of terrorist action;
7) minimal concessions to terrorist;
8) undivided authority in the management of the forces and of means with conducting the counter-terrorist operations
Article 14. Negotiating with the terrorists
1) conducting counter-terrorist operation for purposes of survival and health of people, material values, and also study the possibility of the suppression of terrorist action without the application of force is allowed negotiating with the terrorists. To negotiate with the terrorists are allowed only the persons, specially authorized to that by the leader of operational staff on the control of counter-terrorist operation.
Article 17. Compensation of the harm, caused as a result of the terrorist action
1) compensation of the harm, caused as a result of terrorist action is paid from the budget of that territory of the Russian Federation, the territory of where this terrorist action is made, with subsequent penalty of sums of compensation from the cause of the harm to public order, as established by civil-judicial legislation.
3) compensation of the harm, caused to foreign citizens as a result of the terrorist action done in the territory of the Russian Federation, is paid from the funds of federal budget with the subsequent penalty of sums of compensation from cause of harm.
According to articles 20 and 56 of the Russian constitution Sasha, Sendi and 128 additional people had a right to life, and according to article 56 para. 3 NO ONE - either terrorists or state - can limit this right, but those more to deprive it.
Certainly, more logical it would be require the compensation of harm from terrorists. But who must search for them? I or the state, which does have for this possibility, the technology and special services? Or you do propose to me to arrange mob-law similarly to Kesaev, who killed the air-traffic controller through fault of whom did crash the aircraft of his loved ones?
The Russian state voluntarily took upon itself the obligation to compensate damage, and to then exact this damage from the terrorists. Your words about the fact that state must not pay compensation - this only of emotion. There is a law, and in the rule-of-law state laws are created in order to be fulfilled.
They already charged me with the desire to become rich on their grief. But to you does not occur thought about the fact that the action to 3 million dollars is a cry of desperation, the desire to draw to our problem public attention? The Russian state does not carry out its obligations before us. Only so that I can explain the fact that the group, which leads the investigation of the matter for Nordost consists of one only person - Mr. Kal'chuk, chief and executor all in one person. The names of all the killed terrorists are not established in the years past, the people who financed the act of terror are not found, are not found the organizers of the act of terror and even the number of terrorists who took the theater. Not only I, but also other witnesses in their indications spoke about a number of terrorists, but our testimonies were not important for the investigation. The investigation considers that the number of those who take the theater is equal to a number of those killed. Can I consider this investigation honest, comprehensive, qualitative?
You speak, that the loss of one sixth is better than the loss of all hostages from the explosion. It was possible to believe these words when the results of investigation not were known. Today I already accurately know that these words do not correspond to reality. In volume 59 of the case there is the report of examination of explosives, from which it follows that a result of the explosion (I cite) "collapsing walls and ceiling would not occur".
To a question about a quantity of explosive in the theater in this examination there is the answer: "the overall mass of explosive in the TNT equivalent, which is contained in ALL articles taking into account the means of initiation enumerated above is 76,6 kg".
It is profitable to support authorities' myth about the possible complete destruction of the building of theater. They select themselves what to believe - this myth or facts.
Authorities indicate that the application of gas was necessary for averting the explosion. However, in the actions of authorities there was error. First, not all terrorists were in the hall, only part of them constantly was located in Hall. Gas was released only into the hall, therefore, those terrorists, who were located beyond the limits of hall, did not undergo its action. In the second place, gas did not act instantly on all terrorists. Their leader Baraev first searched for electrician in order to open ventilation, he ordered to open doors and to beat windows in Hall, and then he broke into a run to defend. Terrorists fired back at the assault with 13 automatic and 8 pistols for approximately 40 minutes. These are also facts from the case investigation. Do you think if they did actually have an intention to explode hall, they would have time to do this?
If you say to me that the application of gas is a bright solution to the problem, I will not believe you. I have entirely another example - this is the release of hostages, seized in the Japanese embassy in Peru. On 17 December, 1996, in the residence of Japanese ambassador in Lima, capital of Peru, occurred magnificent soire on occasion of the birthday of the emperor of Japan. This was largest hostage seizure during entire history. A number of high ranking hostages from different countries of the world, and a storm of the embassy did not guarantee safety of hostages. Terrorists required that the authorities would free about their 500 supporters together with their leaders, who are located in the prisons. Among their other conditions there was the requirement to forego the economic reforms. On 22 April 1997 at 16.00 local time was finished almost four month old epic. By that time the terrorists reduced the number of their prisoners to level that it would be possible to more easily control them. In the number of hostages still remained the Minister of Foreign Affairs and the chairman of the Supreme Court of Peru, seven ambassadors, also, about 20 important Japanese businessmen. In all after half-hour work of the Special Force 71 hostages were freed, all terrorists were destroyed. Losses of those attacked - two officers. Losses of hostages - one dead person from a heart attack. This operation became classical counter-terrorist operation.
Do you think people, who made the decision to use gas, provided timely rendering to medical aid? Today I already know the results of 83 autopsies. I know that in 52 cases no medical aid was at all provided. Perhaps terrorists of this are guilty? Perhaps terrorists are guilty of the fact that my 13 year old daughter, who did weigh only 35,5 kg, they did place on the bottom of bus, did cover on top with the bodies of adult men and did transport not to the specialized toxicological center, neither into the nearest hospital nor into the children's hospital?
In the decision of procuratorship the assault is justified as to prevent the undermining of the "authority of Russia in the international arena". Who do you agree should pay for the authority of Russia with the life of his child? The life of loved ones?
You assign to me the words, which I never spoke, about satisfaction the demands of terrorists. When I reproach the headquarters staff for refusal of negotiations with the terrorists, I bear in mind such negotiations to lead to the decrease of the number of hostages. Specifically, such negotiations it is mentioned in article 14 of laws about the combating of terrorism. Among many interviews I read interview with "alfa" members. Specifically, one additional person appeared as the negotiator from the headquarters staff. To be more precise, he took this responsibility. And in his interview he indicated that they did not give him permission to conduct the negotiations with the terrorists. Russia ignored one of the conventional rules of conducting similar operations - bringing to the minimum a quantity of victims. Sitting in the hall, I myself heard on the radio about the refusal of the leaders of headquarters staff to the proposal of terrorists to let go foreign citizens. Later, examining newspapers from the time, I read about this refusal also.
I also am for that they would destroy the terrorists. To make this possible differently. If we destroy everyone, prevent ourselves witness information about the organizers, it is hardly possible to reach them and those who finance these acts of terror. You are not astonished by the fact that the journalist could find Basayev and make with him interview, but Russian special services, the "professionals of the high class", already how many years unsuccessfully they do hunt for him?
You do not believe that the war in Chechnya is one of the reasons for terrorism. Journalists learned about life of one of the martyrs, which conducted a act of terror in Moscow. In the time of war in Chechnya were killed 38 (!) or her relatives. Try to honestly answer a question not to me, but to youself - who of you in her place would continue to sit and to await, until they are next killed?
20
posted on
01/27/2006 4:59:03 PM PST
by
svni
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