Practice Relating to Rule 159. Amnesty
Section A. Amnesty for participation in non-international armed conflicts
In 1997, the Russian State Duma adopted the Law on Amnesty for Acts Committed in the Context of the Conflict in Chechnya. The Law aims at “re-enforcing the civil peace and understanding within the Russian Federation” and provides for the refraining from or ending of criminal procedures against persons who have committed “socially dangerous acts” in relation to the armed conflict in the Chechen Republic. It also provides for the exemption of such persons from the execution of punishment.
However, referring to a number of articles of the Russian Federation’s Criminal Code, the law expressly excludes from the amnesty persons who committed specific acts such as spying, terrorism, banditry, intentional homicide, rape, kidnapping, robbery, etc., as well as foreigners.
According to the Law on the Execution of the Law on Amnesty for Acts Committed in the Context of the Conflict in Chechnya, the amnesty applies to persons who committed crimes within the territory of the Chechen Republic, Ingushetia, Daghestan, North Ossetia – Alanya and Stavropolsky Kraj – between 9 December 1994 and 31 December 1996, and to persons who committed one of the following acts, irrespective of the place of its committal: evasion of regular military duty; unwarranted absence and unwarranted abandonment of unit or duty station; desertion; and evasion of military service by maiming or by other means. Nevertheless, the amnesty does not release persons from the duty to repair the damage caused by the illicit acts.