BY AIRMAIL
Maj.-Gen. Sergei Leonidovich Kumenniy
Head of the Directorate of the Federal Security
Service for Kabardino-Balkaria
ul. Lenina, 4
360000 g. Nalchik
KABARDINO-BALKARIA,
RUSSIAN FEDERATION
Fax: +7 8662 48 17 090
Email: kbr@fsb.ru
<<DATE>><<PLACE>>
Subject: Magamed Abubakarov
Dear Major-General Kumenniy,
The Netherlands Lawyers for Lawyers Foundation (‘Stichting Advocaten voor Advocaten’)
has expressed its grave concern about the safety of our colleague, Atty. Magamed
Abubakarov. As a Netherlands lawyer, I fully share these concerns.
According to my information, Atty. Abubakarov received threatening messages from an
unrecognizable mobile number between February 6 and February 11 of this year. The
sender demanded to know where he was and told him he would not be able to hide. Atty.
Abubakarov called the number and texted the sender offering to meet, but his calls and
messages were ignored. On 11 February 2013, Mr. Abubakarov filed a complaint with the
local police in relation to these threats. After Atty. Abubakarov reported the threats and
the phone number from which they came to the police, he received a message, which
stated: “the time to … [talk] is over. … [you will be talking] in a mortuary”.
There are reasons to believe that these threats are directly linked to Atty. Abubakarov’s
professional duties. He first received threats in connection with his professional activities
in 2007. Since then, threats have been regular.
In this respect, I would like to remind your government of its obligation to recognize the
valuable role played by lawyers to ensure the rule of law in your country and to promote
and support the work of lawyers in line with the United Nations’ Basic Principles on the
Role of Lawyers* an instrument that is universally applicable.
In particular, I would like to draw your attention to paragraphs 16 and 17 of these Basic
Principles, which stipulates that the government is under an obligation “to ensure that
lawyers are able to perform all of their professional functions without intimidation,
*
Basis Principles on the Role of Lawyers, Eighth United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, Havana, 27 August to 7 September 1990, U.M. Doc. A/CONF. 144/28/Rev.1 at 118
(1990), available at http://www2.ohchr.org/english/law/lawyers.htm.
hindrance, harassment or improper interference”. According to paragraph 18 “lawyers
shall not be identified with their clients or their clients’ causes as a result of discharging
their functions”.
I welcome the fact that an investigator of the Regional Office of the Ministry of Internal
Affairs in Nalchik opened a criminal investigation into the threats made against Atty.
Abubakarov in February 2013. I urge you to:



ensure that Atty. Abubakarov’s complaints about the threats he has received are
investigated in an effective, independent and impartial manner, to identify
perpetrators and bring them to justice;
take all necessary measures to guarantee the physical and psychological integrity
and security of Atty. Abubakarov and his family, and more generally,
ensure that criminal defence lawyers in the North Caucasus are able to discharge
their functions without intimidation, hindrance and harassment, including from
members of law enforcement agencies.
I thank you for your attention to my concerns. I will continue to closely monitor this case
and I kindly request you to keep me informed on any developments in the investigation
into the threats made against Atty. Abubakarov in February 2013.
Sincerely,
<<NAME>>
c.c. Mr. R.A. Kolodkin, Ambassador Extraordinary and plenipotentiary of the Russian
Federation in the Kingdom of the Netherlands
BY AIRMAIL
Yurii Yakovlevich Chaika
Prosecutor General of the Russian Federation
Prosecutor General’s Office
ul. B. Dmitrovka, d.15a
125993 MOSCOW GSP- 3
RUSSIAN FEDERATION
Fax: +7 495 987 58 41
Email: prgenproc@gov.ru
<<DATE>><<PLACE>>
Subject: Magamed Abubakarov
Dear Prosecutor General,
The Netherlands Lawyers for Lawyers Foundation (‘Stichting Advocaten voor Advocaten’)
has expressed its grave concern about the safety of our colleague, Atty. Magamed
Abubakarov. As a Netherlands lawyer, I fully share these concerns.
According to my information, Atty. Abubakarov received threatening messages from an
unrecognizable mobile number between February 6 and February 11 of this year. The
sender demanded to know where he was and told him he would not be able to hide. Atty.
Abubakarov called the number and texted the sender offering to meet, but his calls and
messages were ignored. On 11 February 2013, Mr. Abubakarov filed a complaint with the
local police in relation to these threats. After Atty. Abubakarov reported the threats and
the phone number from which they came to the police, he received a message, which
stated: “the time to … [talk] is over. … [you will be talking] in a mortuary”.
There are reasons to believe that these threats are directly linked to Atty. Abubakarov’s
professional duties. He first received threats in connection with his professional activities
in 2007. Since then, threats have been regular.
In this respect, I would like to remind your government of its obligation to recognize the
valuable role played by lawyers to ensure the rule of law in your country and to promote
and support the work of lawyers in line with the United Nations’ Basic Principles on the
Role of Lawyers* an instrument that is universally applicable.
In particular, I would like to draw your attention to paragraphs 16 and 17 of these Basic
Principles, which stipulates that the government is under an obligation “to ensure that
lawyers are able to perform all of their professional functions without intimidation,
hindrance, harassment or improper interference”. According to paragraph 18 “lawyers
*
Basis Principles on the Role of Lawyers, Eighth United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, Havana, 27 August to 7 September 1990, U.M. Doc. A/CONF. 144/28/Rev.1 at 118
(1990), available at http://www2.ohchr.org/english/law/lawyers.htm.
shall not be identified with their clients or their clients’ causes as a result of discharging
their functions”.
I welcome the fact that an investigator of the Regional Office of the Ministry of Internal
Affairs in Nalchik opened a criminal investigation into the threats made against Atty.
Abubakarov in February 2013. I urge you to:



ensure that Atty. Abubakarov’s complaints about the threats he has received are
investigated in an effective, independent and impartial manner, to identify
perpetrators and bring them to justice;
take all necessary measures to guarantee the physical and psychological integrity
and security of Atty. Abubakarov and his family, and more generally,
ensure that criminal defence lawyers in the North Caucasus are able to discharge
their functions without intimidation, hindrance and harassment, including from
members of law enforcement agencies.
I thank you for your attention to my concerns. I will continue to closely monitor this case
and I kindly request you to keep me informed on any developments in the investigation
into the threats made against Atty. Abubakarov in February 2013.
Sincerely,
<<NAME>>
c.c. Mr. R.A. Kolodkin, Ambassador Extraordinary and plenipotentiary of the Russian
Federation in the Kingdom of the Netherlands
BY AIRMAIL
Sergei Valentinovich Vasilyev
Minister of Internal Affairs of the KabardinoBalkaria Republic
ul. Kuliev, 10a
360000 g. Nalchik
KABARDINO-BALKARIA
RUSSIAN FEDERATION
Fax: +7 8662 49 52 00
Email: mvd_kbr@mail.ru
<<DATE>><<PLACE>>
Subject: Magamed Abubakarov
Your Excellency,
The Netherlands Lawyers for Lawyers Foundation (‘Stichting Advocaten voor Advocaten’)
has expressed its grave concern about the safety of our colleague, Atty. Magamed
Abubakarov. As a Netherlands lawyer, I fully share these concerns.
According to my information, Atty. Abubakarov received threatening messages from an
unrecognizable mobile number between February 6 and February 11 of this year. The
sender demanded to know where he was and told him he would not be able to hide. Atty.
Abubakarov called the number and texted the sender offering to meet, but his calls and
messages were ignored. On 11 February 2013, Mr. Abubakarov filed a complaint with the
local police in relation to these threats. After Atty. Abubakarov reported the threats and
the phone number from which they came to the police, he received a message, which
stated: “the time to … [talk] is over. … [you will be talking] in a mortuary”.
There are reasons to believe that these threats are directly linked to Atty. Abubakarov’s
professional duties. He first received threats in connection with his professional activities
in 2007. Since then, threats have been regular.
In this respect, I would like to remind your government of its obligation to recognize the
valuable role played by lawyers to ensure the rule of law in your country and to promote
and support the work of lawyers in line with the United Nations’ Basic Principles on the
Role of Lawyers* an instrument that is universally applicable.
In particular, I would like to draw your attention to paragraphs 16 and 17 of these Basic
Principles, which stipulates that the government is under an obligation “to ensure that
lawyers are able to perform all of their professional functions without intimidation,
*
Basis Principles on the Role of Lawyers, Eighth United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, Havana, 27 August to 7 September 1990, U.M. Doc. A/CONF. 144/28/Rev.1 at 118
(1990), available at http://www2.ohchr.org/english/law/lawyers.htm.
hindrance, harassment or improper interference”. According to paragraph 18 “lawyers
shall not be identified with their clients or their clients’ causes as a result of discharging
their functions”.
I welcome the fact that an investigator of your ministry opened a criminal investigation
into the threats made against Atty. Abubakarov in February 2013. I urge you to:



ensure that Atty. Abubakarov’s complaints about the threats he has received are
investigated in an effective, independent and impartial manner, to identify
perpetrators and bring them to justice;
take all necessary measures to guarantee the physical and psychological integrity
and security of Atty. Abubakarov and his family, and more generally,
ensure that criminal defence lawyers in the North Caucasus are able to discharge
their functions without intimidation, hindrance and harassment, including from
members of law enforcement agencies.
I thank you for your attention to my concerns. I will continue to closely monitor this case
and I kindly request you to keep me informed on any developments in the investigation
into the threats made against Atty. Abubakarov in February 2013.
Sincerely,
<<NAME>>
c.c. Mr. R.A. Kolodkin, Ambassador Extraordinary and plenipotentiary of the Russian
Federation in the Kingdom of the Netherlands