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The European Court of Human Rights in Strasbourg was, for Chechen citizens, a court of last resort to correct the corrupt judiciary in Russia. The majority of the cases have been won by the plaintiffs. On January 26, 2006, Russia was for the first time condemned for a case of torture.^[53] The Russian authorities obediently paid the fines, but they refused to change the judicial system according to the obligations Russia had accepted when it became a member of the council. Because the European Court of Human Rights abstained from obliging the Russian government to open new judicial inquiries, punish the perpetrators, and present public excuses to the family, this has led to a cynical system—resembling the medieval salic law (lex salica)—in which, in the case of a condemnation a kind of “tax” is paid by the Russian state to the families of the victims who had been killed. As a rule, “the disappearance of a human being costs 35,000 euros.”^[54] Although for the plaintiffs these rulings are “better than nothing,” they do not really restore their violated sense of justice. As concerns ordinary Russians, for them the Strasbourg rulings are only another proof of Europe’s negative feelings towards Russia. “Europe,” wrote the pro-Kremlin paper Pravda, “has always disliked Russia, but has never been straightforward about it. Just google: ‘European court in Strasbourg Chechens’ and you will see how many cases against Russia have been won. Many of those cases are based on doubtful facts.”^[55] There is another side to the coin: the flood of complaints is totally disrupting the court in Strasbourg, which is drowning under the overload of cases. Attempts, however, to reform the court to make procedures more efficient were blocked by Russia. Its own solution to diminish the flow has been to exert a growing pressure on the lawyers of Russian and Chechen plaintiffs, who are harassed by the authorities to discourage citizens from seeking justice in Strasbourg.

A Genocide?

The Second Chechen War was characterized by an endless series of crimes, many of which certainly deserve to be qualified as war crimes and crimes against humanity: from the indiscriminate bombardments of Grozny and the use of forbidden fuel and cluster bombs in the first months of the war, to the summary executions of civilians during the zachistki, the torture, the forced disappearances, the blowing up of bodies, the organized looting, and other acts of state terror. Another important question is whether the Russians committed genocide. There are no precise data available for the number of people killed, only estimates that vary according to the sources. Uwe Halbach wrote in February 2005—this is four years before the official end of the “counterterrorist operation”—that according to estimates, “between 10% and 20% of the population of Chechnya died in both wars, so after 1994. For the first war the numbers vary between 35,000 and more than 100,000 victims. . . . As concerns the second war . . . , in the late summer of 2002 human rights organizations calculated the [number of] victims in the Chechen population at 80,000 dead.”^[56] Five years later Jonathan Littell gave for both wars a total number of two hundred thousand victims.^[57] According to another author, “figures range to 300,000 killed,” adding that this “is probably an exaggeration.”^[58] The last figure, apparently, does not take into account the refugees who fled the republic, whose numbers could reach one hundred thousand. It seems plausible, therefore, to estimate the total number of killed Chechens in the two conflicts between 150,000 and 200,000. These include men, women, and children, the great majority of them noncombatant citizens. Before the first war started the population of Chechnya was roughly one million. This means that possibly between 15 to 20 percent of the Chechen population has been exterminated.^[59] To put this number in a historical perspective: Daniel Goldhagen has estimated that “Pol Pot [killed] the highest percentage of the inhabitants of any country, more than 20 percent of the Cambodians, totaling 1.7 million.”^[60] Pol Pot was, indeed, a ruthless mass murderer. And the number of people killed by his regime is tenfold of the Chechens killed in Chechnya. But the percentage of the population killed in these two cases, by Pol Pot on the one hand, and by the masters of the Kremlin on the other, are quite comparable. The question of a genocide committed by Russia in Chechnya is therefore fully on the table.