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"COMMENT AND ANALYSIS" 
Oktober, 26, 2004

About letters and applications

In the article "F or whom is it Favorable to Defame the National Hero of the Chechen People?" , known Chechen publicist Ahmad Ichkerijsky carries out two theses: 1). There is no necessity to search other initiators of the capture of hostages in Beslan, as Shamil Basayev has accepted the responsibility; 2). Shamil Basaev, ordering to carry out this action, operated in full conformity with norms of Shariat.

We shall answer to the first item.

As it is known, Shamil Basaev accepted the responsibility also for the capture of hostages in the theatrical center in Dubrovka ("Northeast") in October 2002. In the same application Shamil Basaev pointed out, that the group of Movsar Baraev agents of the Russian special services joined, who: a). replaced explosives with models; a). led the group to capture the theatrical center in Dubrovka instead of the building of the State Duma of the Russian Federation planned to be captured; a). Finally, failed the operation.

Besides, Shamil Basaev in one of his applications related the murder of the deputy of the State Duma of the Russian Federation Sergey Yushenkov to the fact that he sent to him data on participation of the Russian special services in capture of "Northeast" for publicity. At least, one of the agents of the Russian special services participating in capture of "Northeast" is known. This is lost at the end of 2003 in a mysterious "traffic accident" Hanpash Terkibaev (Shamil said, that there were several traitors).

We shall not mention the other traitors: Michael Trepashkin the lawyer and the former officer of KGB sent to prison "for disclosure of the classified information" wrote about them. We are just making a conclusion that Shamil Basaev's application that the capture of hostages in Beslan carried out according to his order, does not guarantee, that into the structure of the group, which executed this capture, agents of the Russian special services could not penetrate. Anyway, one precedent of such a penetration already exists, and Shamil confirms it himself.

Why does in this case Ahmad Ichkerijsky consider, that we do not need to search for traces of participation in Beslan tragedy of the Russian special services? Why does he consider, that thus we "subject the national hero to ostracism"? We shall note that we did not create any “commission on Basaev" in the site Chechen press. It is offered just in “Basaev's application” to create the independent international commission on investigation of the act of terrorism in Beslan. It means that Shamil himself, if this application is really written by him, is not against the investigation of the events in Beslan. As a matter of fact, we are also engaged in it, though any official commission on this question has not been created.

It is not absolutely clear to us, why what we write about Beslan, has displeased the dear to us Chechen publicist. And why the site Chechenpress should be the only information source in the world, which would avoid mentioning the theme of the Beslan tragedy? In fact, we are also interested in what really happened there. Besides it is our direct duty as a State News agency of CHRI because the tragedy in Beslan rendered a very big influence not only on the presidential elections in the USA, not only on the context " of the Chechen resolution” of the PASE, not only on the final establishment of the KGB dictatorship in Russia, but also on a military-political situation in the Chechen Republic and around it.

Now we shall answer the second item.

We do not consider ourselves to be experts in the legislation of Shariat; we did not specially study this question, trusting the scientists - alims and their conclusions. If Shariat supposes the capture of hostages, including women and children, we shall not argue - as Moslems, we are obliged to submit to the establishments of Shariat. Ahmad Ichkerijsky asserts that Shariat supposes capture of women and children of the opponent during a war according to the principle “Treat them as they treat you”. Also, he brings 4 decisions how Moslems should treat the women and the children of the opponent captured during a war. Taking into account the importance of the discussed question, we shall bring citations in which Ahmad Ichkerijsky quotes imams: the founders of the four Shariat legal schools (mazhabs) of the sunnit Islam:

Imam Shafi answers the question on how it is necessary to treat the captured women and children of the opponent of Moslems: imam should choose one of 4 decisions concerning women and children:

1. To turn into slavery;

2. To take the repayment money;

3. To exchange for a captured Moslem;

4. To release without the repayment;

Imam Hanifa thinks that they should not be exchanged or released. And Imam Ahmad Hanbali it stands up for an exchange for a captured Moslem, but at the same time, he against the repayment.

Imam Malik thinks that it is impossible to release women and children without the repayment (al-Muhazzab: volume 2, page 246; al-Mugini: volume 9, page 243; al-Badai al-Sanai: volume 7, page 12; al-Kavanin: volume 99; to al-Naymu al-Avtgar: volume 7, page 306).

 

So, imam Shafi thinks that it is possible concerning the women and the children of the opponent of Moslems:

- To turn them into slavery;
-To take the repayment money;
-To exchange for a captured Moslem;
-To release without the repayment.

Imam Hanif thinks that it is possible:

-To turn them into slavery;
-To take the repayment money

But he does not agree that it is possible:

-To exchange for a captured Moslem;
-To release without the repayment.

Imam Hanbali thinks that it is possible:
-To turn them into slavery;
-To exchange for a captured Moslem;
-To release without the repayment.

But he does not agree that it is possible:

-To take the repayment money.

Imam Malik thinks it is possible:

-To turn them into slavery;
-To take the repayment money;
-To exchange for a captured Moslem.

But he does not agree that it is possible:

-To release without the repayment.

As it is easy to get sure, all the four Imams converge only in one thesis on these questions: women and children captivated during a war are possible to be turned into slavery. We see opposite positions on the other items. This implies that there are not the Koran precepts before us, as the Sacred Koran cannot contradict itself, but human opinions though they belong to the greatest scientists - alims. However the fact is that from all the named variants, the group, capturing the school in Beslan, was not going to do what all the four imams allow to do: to turn women and children into slavery.

Besides if they had such an intention, it could not be realized physically: it is impossible to establish a slaveholding and to find any labor activity for the captured people in the surrounded in all directions by troops, school over flown with hostages. But even if it would be possible to solve the problem of the employment of hostages, according to the canons of the Islam, even a slave must to be kept satiated, to be taken care of, to be provided worthy human existence. And it is impossible to satisfy these conditions in the besieged school where there was an acute problem with meal and drink where a killing storm was about to begin.

I fairly admit, that I have not read the Koran in the original language as, to my great regret; I do not know the Arabian language. However, I can admit courageously, that I have read all the translations of the Koran accessible to me in Russian, including those of Sablukov, Krachkovskiy, Porohova, Osmanov. And I cannot recollect any ajat in which it would be recommended to turn people into slavery. But I remember from hadises and the biography of the Prophet Mohammed that he called for the human reference to slaves, whom there were a lot of at Arabs at the moment of the acceptance of the Islam by them, and to their release.

I quite admit that I can be mistaken, as my knowledge of the Islamic science is rather superficial and limited to five farzes. Therefore, I would be grateful to Ahmad Ichkerijskiy if he pronounced a Koran ajat or authentic hadis in which it is offered to Moslems to turn the women and children captured during a war into slavery. If he again refers to the opinions of imams, founders of mazhabs it would be desirable to hear from Ahmad Ichkerijskiy an explanation: on what bases, imam Shafi, for example, thought that the captured woman or a child could be released without the repayment, and imam Malik thought that it was impossible. Which of them should be obeyed to, if women and children are captured? I shall want to follow imam Shafi, and my colleague, by virtue of his belief, will want to follow imam Malik –what shall we do?

Thus, I do not name my mazhab on purpose, as different Muslim peoples have different mazhabs. And among those capturing the school there were not only Chechens and Ingushes whose mazhab is well-known to me, as well as to Ahmad Ichkerijskiy, , but also representatives of other Muslim peoples with others mazhabs. "There were 12 Chechens, 2 Chechen women, 9 Ingushes, 3 Russians, 2 Arabs, 2 Ossets, 1 Tatar, 1 Kabardian and 1 guran among them. Gurans are the people living in Transbaikalia who have practically become Russians", as it is said in the "Basaev's application"(I put inverted commas because, as against Ahmad Ichkerijskiy, I still continue to doubt the authorship of Shamil Basaev).

Ahmad Ichkerijsky has not ignored also the published by us letter of a hostage. In this occasion, he writes:

“And, at last, several words about the letter of the virtual "hostage" published in the site of the agency "Chechen press ". I cannot say, why and who has written it, but, by its content, it, probably, was also dictated by the reasons similar to the opinion of the members of "the commission on Basayev ".

This frank forgery leaded to an error some publicists who voluntarily or involuntarily, lasted after a piece of bread of propagandists from KGB, unsuccessfully trying to blacken Abdallah Shamil ".

What can we say here? Ahmad Ichkerijskiy, apparently, possesses the correct criteria allowing him to distinguish the authentic letter from a forgery. He is confident, that Shamil Basaev wrote the known application and also he is confident that the letter of the hostage is "a frank forgery ". Where from such confidence is and where are correct criteria with which help Ahmad Ichkerijskiy makes his categorical conclusions? Anyway, these criteria are not designated in the article of the publicist even in general. He simply asserts, and the reader needs to believe only his word.

Meanwhile, there is rather simple way to define, whether this or that document is a forgery. To consider the document false, it is necessary to find in it, first, internal contradictions, and second to find contradictions with firmly proved "external" facts. According to these criteria, the letter of the hostage is faultless: there is no internal contradiction in it as there is not also a contradiction with the facts, which became known from other sources.

It has been detailed developed written in the article of Alhazur Erbiev "They have burned down" , and Ahmad Ichkerijskiy can check it up himself, how logical the author is in his comparisons. We shall only remind him two circumstances: The hostage writes that aggressors have been brought from the Russian prisons. Now all Russian mass media and official structures including the State Office of the Public Prosecutor of the Russian Federation , confirm, that at least several "terrorists" were in hands of the Russian special services earlier. The hostage writes that the aggressors did not know until the last moment, to which town representatives of the Russian special services brought them. It is confirmed also with the hostages; according to their evidences, the aggressors during the first minutes asked them, what town it was.

Whether the "Basaev's application" will sustain such a check on an absence of contradictions, this we will let Ahmad Ichkerijskiy to judge himself. He can also judge himself, how his categorical statements are useful for the national-liberation struggle of the Chechen people, that the Russian special services have nothing at all to do with this act of terrorism that Chechens are going to turn captured children and women into slavery, etc.

But then, at least, it was not necessary to convince us in the same article, that the West did not consider and would not consider the Chechen Resistance to be "terrorists", that suddenly everybody "have begun to see clearly" there (including the United Nations and the British newspaper " The Guardian "). It is necessary to choose here somehow either the turning women and children into slavery, or the United Nations and "The Guardian ".

M.Visaitov, Chechenpress 26.10.04.

P. S. In addition to this, we would like very much to learn the opinion of Ahmad Ichkerijskiy concerning one more "Basaev's application" in which he declares a terrorist war to the entire West. Whether he thinks that having called in question the Basaev's authorship in this application also, we will "defame the national hero of the Chechen people "?


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