From: MSN NicknameEagle_wng  (Original Message)    Sent: 11/18/2007 2:38 PM

The legitimacy of power in ChRI

The government’s legitimacy of power is a key issue in present discussion around the governmental bodies of Chechen Republic of Ichkeria. It would be much more difficult for us “outsiders” to support ChRI and the armed resistance without having our sympathy grounded on views about legitimacy.

The legitimacy of ChRI statehood itself is not a subject of discussion. But recently some people have made attempts to change the governmental structure of ChRI, while they until now have unequivocally supported Majlis-ul-Shura (State Defense Committee) and Umarov as the legal president of a legitimate ChRI.

A legitimate power in a country must be based upon the legislation, the constitution being most important. Every independent sovereign state has a constitution (well, the UK has a different system, based upon statue law and case law). In this confusing situation that has arisen through activities of Zakayev and his allies, it’s good to have a close look at the constitutional basis of ChRI. As it is easily shown, a dividing line between “constitutionalists” and “emiratists” is a very artificial one, having no foundation in happenings during the last few years.

The Constitution of ChRI

In ChRI there is a valid constitution, adopted in duly order 12.3.1992. The wording in English can be found on the web site of International Constitutional Law (ICL): http://www.servat.unibe.ch/law/icl/cc01000_.html

The parliament has made two amendments; 11.11.1996 and 3.2.1997. (http://www.defac.ac.uk/colleges/csrc/document-listings/caucasus/P40). The amendments seems to be mainly in Article 4, where is stated that the state religion of Chechnya is Islam, but the article also states freedom of religion. This amended Constitution is found in Russian on chechen.org web page (http://www.chechen.org/content.php?catID=4), and a fairly good computer translation to English can be found here on links http://tinyurl.com/yw2pef or http://tinyurl.com/22yq3n.

A combined emergency session of the ChRI Parliament and Government was arranged in Grozny 23.9.1999, as a consequence of the Russian attack on Chechnya. Two weeks later, 5.10.1999, martial law was introduced on the entire territory of the CRI. In the middle of October, the State Committee of Defense was created, akin to a war office and being the supreme body of power in Chechnya. (http://groups.yahoo.com/group/chechnya-sl/message/1723)

An emergency joint session of the State Committee on Defense, Council of National Security, the Cabinet and Parliament of the Chechen Republic of
Ichkeria was held 5.6.2000. This meeting decided to “give the President of ChRI all necessary additional powers of the supreme executive and legislature powers.” This meeting decided further “to count any decisions of all state structures, authorities and control systems of ChRI valid only after the approval of these decisions by the President and the State Committee on Defense of ChRI.” (http://groups.yahoo.com/group/chechnya-sl/message/9569)

In summer 2002 there was made some further amendments to the Constitution, based upon Maskhadov’s decree in February 1999 upon a Sharia reform and martial law. The decision was made by Great Majlis Shura, a constitutional assembly representing all branches of authority. Nota Bene – in the common decision was stated, that this amended Constitution acts to the end of the war and the adoption of a new Constitution. More information about these amendments can be found here: http://www.kavkazcenter.com/eng/content/2007/03/14/7720.shtml

Whether to call the decision of 2002 as a “constitution” or not is not essential – it was clearly a decision according to the martial law, which will expire after martial law is lifted and situation is normalized. I can’t see any reasons to engage in hairsplitting regarding this issue.

All those people now attempting seizure of power to the “parliament” have accepted above mentioned procedures to be constitutional till this moment, during more than 8 years already. If the martial law and the State Defense Committee suddenly are declared illegal – don’t these usurpers realize, that they simultaneously declare their own activities and titles during last years null and void?

The hypocrisy is totally unveiled – suddenly there are other legal bodies of the ChRI, and the “parliament” can’t accept Abdullaev as vice president, “since nobody introduced this proposal to the Parliament of the ChRI.” Well, nobody either introduced Sadulaev to the non-existing parliament – was he also an illegal vice president and subsequently an illegal president? Was Dokku Umarov also an illegal vice president, as he was appointed by the State Defense Committee in June 2005? No parliament session was held regarding any of these nominations, even less there was “approval by majority of votes of the member's of the Parliament” (article 75).

Following quotations show that Zakayev still in January 2006 fully accepted the role of the State Defense Committee and the succession of the presidency, the change in ideas came later on (http://www.chechenpress.co.uk/english/news/2006/01/03/01.shtml):

“[The decision in summer 2002] was in actual fact the practical implementation of the clause on the State Defense Committee in the Chechen Constitution, which delegates the SDC the highest executive power at the time of war. This act was also supported by a special statement issued by President Maskhadov (Shaheed, insha Allah!). President Abdul-Salim Sadulaev is elected President in accordance with the Constitution, which is a base
of his legitimacy as President.”

“I shall remind, that under initiative of Aslan Maskhadov, with it is conducted also consent GKO - MSH CHRI, the supreme body of authority a wartime in territory of the country, Abdul-Khalim Sadulaev the post of vice-president of the Chechen State has held. And after destruction of Aslan Maskhadov, in full conformity with Constitution of CHRI, has begun performance of the duties of the President of the country.”

The idea of establishing a State Defense Committee in autumn 1999 was, in fact Zakaev’s as this quotation of a speech 2.10.1999 shows: “Zakayev asked the Chechen leadership to declare a "holy war on the infidels" in the republic, impose martial law and create a state defense committee.” (http://groups.yahoo.com/group/chechnya-sl/message/835). This was, apparently, a good idea at that time and during the next 8 years to follow?

One more quotation, in December 2001 Zakaev strongly defended the President’s right to choose vice president: “As for my opinion on these decrees on cadres, I should say that Chechen President Maskhadov is authorized by the constitution to dismiss or demote.” (http://groups.yahoo.com/group/chechnya-sl/message/20498)

Violations of the Constitution

The constitution has indeed been violated in words and deeds in the history of ChRI, even before the war and Martial Law demanded shorter procedures. Maskhadov made a decree in February 1999, according to which Sharia law was introduced and the lawmaking activity of the parliament was suspend. Furthermore, Maskhadov created a “State Commission on the Development of a Sharia Constitution” which was chaired by Akhmed Zakayev, at that time Minister of Information, Culture and Communications. Apparently, the constitution wasn’t that sacred among some people earlier as it seems to be today, when the “constitutional crisis” apparently is a pseudo-event hiding the real issues behind this concept. (http://eng.kavkaz.memo.ru/persontext/engperson/id/560900.html)

Also remember Zakayev’s “Manifesto” in July 2006, where he publicly argued that the status (=independency) of ChRI may be a subject of negotiations with Russia, i.e. “talks without prior conditions”. Zakayev’s initiative at that time caused an outcry among people (constitutionalists?) who wanted the Constitution to be sacred and above negotiations with the enemy.

The former Chechen vice president Vakha Arsanov was dismissed from his post by a decree of President Aslan Maskhadov on the 31st August 2001, apparently in conflict with the constitution, if there wouldn’t have been common decisions about Martial Law and State Defense Comittee. Arsanov run on the same ticket as Maskhadov in the presidential elections in January 1997. Arsanov actually survived Maskhadov by a couple of months, but apparently in captivity. Arsanov himself did not accept the dismissal (http://groups.yahoo.com/group/chechnya-sl/message/30466), but no “consitutionalist” raised his voice at that time, Zakaev instead applaused it. Those who suffer from a lack of principles can easily change their mind, of course; occasionally even many times before the end of the day.

The Legitimacy of the ChRI Parliament

The parliament was elected in January and February 1997. The legitimacy was a bit questionable already from the very beginning. 63 seats were to be filled in elections 27.1.1997. The voting turnout was big enough to elect only 5 members of parliament – the 58 remaining seats were to be filled in a second round of parliamentary elections. The second round  15.2.1997 got only 27 additional valid deputies; altogether there were only 32 deputies out of 63 elected yet. The Central Election Commission of the ChRI anyway affirmed the election of deputies in 11 more constituencies, despite is was contradictory to the Law. This was caused by political expediency, as the republic did not have the resources to fund an additional campaign of parliamentary by-elections. The new composition of the parliament could not begin work in the absence of a quorum (42 deputies). (http://www.watchdog.cz/?show=000000-000004-000001-000194&lang=1)

Somehow the ”parliament” has complemented itself – according to one list of members there are 63 members. Nota Bene – only 32 elected according to law, and 20 not elected at all! Some of the names we now see in the press behind decrees, such as Dokka Amagov, have got his “authority” from some unknown source. (http://www.chechen.org/content.php?catID=2)

There are some 8-10 deputies still reachable in the West. But it seems apparent, that the “parliament” after increasing itself also has taken steps to reduce itself!

The worst indictment against this “parliament” is the very undemocratic way some of its members have taken command; issuing “parliamentary decrees” without having consulted even the few deputies available outside ChRI. Ahyad Idigov, Chairman of the Parliament’s Committee on Foreign Affairs, has in public requested how it’s possible for the chairman of the “parliament” to issue decrees without even requesting other members, such as Idigov himself and many other deputies as well! (http://www.chechentimes.net/content/view/1947/37/) In his statement, Idigov asks Chechen patriots to unite around president Umarov and calls the actions of Saralyapov a constitutional coup!

The nonchalance and carelessness about basic democratic rules and the constitution itself seems almost unimaginable – do they really think that international community will give any kind of legitimacy to this body, the Saralyapov “parliament”?

Unfortunately, the parliament of ChRI has lost its constitutional authority already in 1999. The elected Chairman of the parliament, Ruslan Alikhadzhiev, stated already in autumn 1999 that “the present conditions demand the concentration of power in the hands of the
State Defense Committee and the government” (http://groups.yahoo.com/group/chechnya-sl/message/3948). He knew, of course, that there was no quorum anymore, thus the parliament could not handle it’s duties as a governmental body.

After 1999 many deputies, chairman Alikhadzhiev among them, has been killed or died. A handful of deputies are “available” in the West, but the great majority has really changed side to the occupiers and their puppets.

Already in October 2002, 14 Members of the Parliament met a Moscow envoy in Chulgi-Yurt, a meeting which was condemned by the ChRI leadership. (http://groups.yahoo.com/group/chechnya-sl/message/26143) Well, things got even worse -  Akhmat Kadyrov organized a meeting for ChRI deputies in Moscow in autumn 2003, where “42 of the 43 deputies who are still alive today” decided to impeach Aslan Maskhadov. According to analyst of Prague Watchdog, “ ….if not all of the 42 deputies sided with Moscow, then a significant number surely did. Therefore it must be assumed that this number greatly exceeds those who sided with Maskhadov (although, neither party has publicized a precise list of "their" deputies). (http://www.watchdog.cz/?show=000000-000004-000001-000096&lang=1)

Saralyapov may continue to declare decrees in the name of the “parliament”, but his legitimacy could hardly be weaker or more non-existent. Even the Russian PR show in order to impeach Maskhadov and dismiss him from office in September 2003 was a more serious attempt than Saralyapov’s present ego-trip! (http://www.gazeta.ru/2003/09/15/Rebelparliam.shtml)

To be continued on Part 2/2

Mikael Storsjö

Helsinki, Finland

17-November-2007