This page summarizes cases raised with the Russian Federation by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from the Russian Federation.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of the Russian Federation, English).
Observations
The Special Rapporteur thanks the Government of the Russian Federation for transmitting responses to all his communications.
The Special Rapporteur urges the authorities to actively seek alternative solutions to the use of force during peaceful demonstrations. He further recommends to the Government to ensure that the physical and psychological integrity of the people exercising their rights to freedom of peaceful assembly and of association as well as of those who monitor such fundamental freedoms are guaranteed. He also recommends that a thorough, impartial and independent investigation over any allegation of excessive use of force, and of torture and ill treatment, during peaceful demonstrations; and to hold accountable those responsible and to provide full redress to victims.
The Special Rapporteur recommends to the Government to put in place an enabling and safe environment that is conducive to the free expression of civil society allowing individuals, notably those espousing minority or dissenting views or beliefs, to exercise their legitimate right to freedom of association without undue hindrances or restrictions. Any allegation of any alleged human rights violations, including acts of harassment and intimidation, committed against activists and human rights defenders should be investigated.
The Special Rapporteur refers again to Human Rights Council resolution 15/21, and in particular operative paragraph 1 that “[c]alls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur further refers to the recommendations issued within the context of the Universal Periodic Review (UPR) and accepted by the Russian Federation in February 2009 and, in particular, recommendation 85.42 concerning the duty to promote the rights of human rights defenders to freedom of expression, association and peaceful assembly. In this regard, he urges the authorities to refrain from adopting legislation that can hamper the legitimate work of civil society, notably of those who espouse minority or dissenting views or beliefs. He is available to provide any technical assistance the Government might require in this regard.
The Special Rapporteur thanks the Government of the Russian Federation for responding to his request to visit the country. He looks forward to further discussing mutually convenient dates for such a visit.
Observations
The Special Rapporteur thanks the Government of the Russian Federation for its responses to his communications. He however regrets that the Government did not respond to his communication dated 20 June 2012. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in these communications.
The Special Rapporteur remains deeply concerned about the adoption of the Law on Introducing Amendments to Legislative Acts of the Russian Federation in Part Regulating Activities of Non-commercial Organizations which Carry Functions of Foreign Agents, and its on-going implementation, in violation of international human rights norms and standards governing the exercise of the right to freedom of association.
The Special Rapporteur remains equally concerned about the targeting by the authorities of peaceful protestors voicing dissent views, as well as undue restrictions on the right to freedom of peaceful assembly in the country, in particular the law amending the Code on Administrative Violation and the Federal Law on Assemblies, Meetings, Demonstrations, Processions and Picketing.
The Special Rapporteur urges the authorities to ensure that no individual is criminalised for the exercise of his or her legitimate fundamental freedoms. He also urges the authorities to take all relevant measures to ensure that any individual and legal entity, including political parties, can peacefully exercise their rights of freedom of peaceful assembly and of association. In this regard, he urges the authorities to bring the legal framework governing the exercise of the rights to freedom of peaceful assembly and of association in conformity with international human rights norms and standards (see notably A/HRC/20/27).
The Special Rapporteur also recommends that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances. A thorough and independent investigation into any allegations of any human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and of association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur, referring to the response of the Government to his request to undertake a visit, in which it stated that due to a heavy schedule it would resume discussion on a possible visit in 2013, hopes that mutually convenient dates for a visit in the near future will be identified.
Observations
The Special Rapporteur thanks the Government for its replies transmitted to most of his communications. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges again the authorities to provide as soon as possible detailed responses to all the concerns raised in his communication of 13 June 2013.
The Special Rapporteur is particularly concerned about the use of the legal and administrative framework to restrict the space in which people can individually or collectively exercise their rights to freedom of peaceful assembly and of association.
The Special Rapporteur remains very preoccupied by the implementation of the Law on Introducing Amendments to Certain Legislative Acts Regarding the Regulation of Activities of Non-commercial Organizations Performing the Functions of Foreign agents ( 7-FZ). According to the Law, any non-commercial organization carrying out political activity and receiving funding from sources outside the Russian Federation must register as a “foreign agent”. In this regard, the Special Rapporteur, jointly with other special procedures mandate holders, warned in a public statement issued on 14 May 2013 about the “obstructive, intimidating and stigmatising” effects that the application of this law is having on human rights defenders and organizations.[1] The Special Rapporteur remains further preoccupied about the use of this law to target human rights organizations which have engaged with the UN, its mechanisms and representatives in the field of human rights.
The Special Rapporteur remains also very preoccupied about the break-up of the St. Petersburg Pride parade. He deems necessary to remind the authorities that “[i]n the case of counter-demonstrations, which aim at expressing discontent with the message of other assemblies, such demonstrations should take place, but should not dissuade participants of the other assemblies from exercising their right to freedom of peaceful assembly. In this respect, the role of law enforcement authorities in protecting and facilitating the events is crucial” (A/HRC/20/27, para. 30). With regard to LGBTI people, the Special Rapporteur called upon States to “[t]ake positive measures, including affirmative action measures, to ensure that all individuals belonging to groups most at risk [such as LGBTI people] have the ability to exercise effectively their rights, including to freedom of peaceful assembly and of association” (A/HRC/26/29, para. 73(c)).
The Special Rapporteur recommends that the Government put in place an enabling and safe environment that is conducive to the free expression of civil society allowing individuals to exercise their legitimate right to freedom of association without undue hindrances. He urges again the authorities to ensure that no individual is criminalised for the exercise of his or her legitimate fundamental freedoms. He also urges the authorities to take all relevant measures to ensure that any individual and legal entity can peacefully exercise their rights of freedom of peaceful assembly and of association. In this regard, he urges the authorities to bring the legal framework governing the exercise of the rights to freedom of peaceful assembly and of association in conformity with international human rights norms and standards (see notably A/HRC/20/27).
The Special Rapporteur reminds the Government of the Russian Federation of his country visit requests sent in September 2011 and October 2013, to which a positive response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks… and to consider favourably his or her requests for visits”.
[1] “Russia: increasingly hostile environment for NGOs and rights defenders is unacceptable” (14/05/2013): http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13323&LangID=E
Observations
Responses to communications
The Special Rapporteur thanks the Government of the Russian Federation for its detailed and timely replies to all the communications he sent during the reporting period. In this connection, he is grateful for the cooperation extended to the mandate, in compliance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
Law on Non-commercial Organizations which Carry Functions of Foreign Agents
The Special Rapporteur acknowledges the replies to the communications sent in June, September and November (RUS 5/2014, RUS 7/2014 and 9/2014) indicating that the Law on Non-commercial Organizations which Carry Functions of Foreign Agents (the Law) appeared to violate fundamental rights and freedoms, including the right to freely associate. He takes note that the provisions of the Law are based on a presumption that non-profit organizations act fairly and within the law. However, he remains gravely concerned about the use of overly broad definitions to single out associations that allegedly carry out political activities and receive foreign funding and is worried about the targeting of human rights organizations that engage with United Nations Human Rights mechanisms. In this context, he shares the observation of the Human Rights Committee that considers the definition of “political activity” in the Law as very broadly construed, allowing authorities to register a wide range of non-governmental organizations as “foreign agents”, without their consent or a court decision (CCPR/C/RUS/CO/7, paragraph 22).
In addition, the Special Rapporteur warns against justifications for excessive intrusive methods based on the need for greater transparency within the civil society sector. In this regard, the obligation for associations to report on all funds received from foreign sources is disproportionate as it exceeds the interest pursued (A/HRC/23/39, paragraphs 35 and 36). The Special Rapporteur reminds the State that it has a negative obligation not to obstruct the exercise of the right to freedom of association. This important responsibility includes guaranteeing that both registered and unregistered associations can seek and secure funding and resources without discrimination (A/HRC/20/27, paragraphs 64 and 68). Moreover, in his opinion, the requirement to reveal foreign funding sources could stigmatize civil society organizations and human rights defenders, as well as deter them from seeking resources to undertake their activities; the closure of the Anti-Discrimination Centre Memorial is a stark example of this interference. The Special Rapporteur reminds the Government of its obligation to ensure that civil society, including human rights defenders, in the Russian Federation can carry out their legitimate work free from undue restrictions.
Environment in which the right to freedom of association is exercised
The Special Rapporteur reiterate his concern at the physical attack and intimidation of, as well as stigmatization and smear media campaigns against human rights defenders (RUS 6/2014 and RUS 4/2014). He takes note of the reply dated 6 October 2014 indicating that a range of investigative measures had been taken to identify the perpetrators of the physical assault against Mr. Andrey Yurov, honorary president of the International Youth Human Rights Movement that has its offices in the Human Rights House Voronezh. He requests the Government to keep him informed on the progress made into these investigations at the earliest possible time. In relation to the review conducted by the Central Internal Security Department of the Ministry of Internal Affairs of the Russian Federation into the alleged torture in detention of Mr. Ruslan Kutayev, the Special Rapporteur reminds the State of its responsibility to conduct thorough and impartial investigations by independent bodies into allegations of torture and to take note, in this respect, of the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the updated set of principles for the protection of human rights through action to combat impunity (A/HRC/RES/16/23, paragraph 7b). With regard to the case of the environmental human rights defender, Mr. Evgeny Vitishko (RUS 3/2014), the Special Rapporteur thanks the Government for clarifying his whereabouts and stresses that it is responsible for providing accurate information to the families on the detention of people and their place of detention, in accordance with the United Nations Declaration on the Protection of All Persons from Enforced Disappearance (article 10). He remains concerned about the Mr. Vitishko’s probationary conditions, namely the district travel ban, that seem to aim to curtail his work promoting and protecting environmental human rights and calls upon the authorities to ensure a conducive environment to the free exercise of the right of association, a right enshrined in the International Covenant on Civil and Political Rights, ratified by the Russian Federation on 16 October 1973.
Moreover, the Special Rapporteur seizes the opportunity of this report to stress the concerns expressed in his last year Observations’ report (A/HRC/26/29/add.1) and reiterated by the Human Rights Committee in March 2015 (CCPR/C/RUS/CO/7, paragraph 10) about, inter alia, reports of discrimination, hate speech and violence against LGBTI people and activists in violation of their rights to freedom of peaceful assembly, and laws banning “promotion of non-traditional sexual relations to minors”, which obstruct, intimidate and stigmatize the work of LGBT organizations, among other undesirable effects.
Country visit
In reference to the country visit requests he sent in 2011, 2012 and 2013, the Special Rapporteur would like to Government to take note of his desire to carry out a country visit in the framework of his mandate. He hopes to receive a positive reply from the Government, in the spirit of the aforementioned resolutions, which call upon States to consider favourably his requests for visits.
Observations
Responses to communications
The Special Rapporteur thanks the Government of Russia for its replies to all his communications sent during the reporting period.
Law on Non-commercial Organisations which Carry Functions of Foreign Agents
In the case of Ms. Nadezdha Kutepova, director of the human rights organization Planet of Hopes, the Special Rapporteur thanks the Government for its substantial response of 16 November 2015 regarding the listing of the organization as a “foreign agent” by the Ministry of Justice and criminalization of Ms. Kutepova (RUS 4/2015). However, he remains concerned with the listing of associations in the Russian Federation for the reasons outlined below.
The Special Rapporteur reiterates his concerns about the definitions under the Law on Non-commercial Organizations which Carry Functions of Foreign Agents (the Law) and restates his concerns from his previous observations report regarding the apparent violation of fundamental rights and freedoms, including the right to freely associate (A/HRC/29/25/Add.3, paras. 436 and 437). He acknowledges that the provisions of the Law are based on a presumption that non-profit organizations act fairly and within the law but remains gravely concerned about the use of such definitions to single out associations that allegedly carry out political activities and is worried about the targeting of human rights organizations. In this context, he shares the observation of the Human Rights Committee that considers the definition of “political activity” in the Law as very broadly construed, allowing authorities to register a wide range of non-governmental organizations as “foreign agents”, without their consent or a court decision (CCPR/C/RUS/CO/7, para. 22).
In this context, the Special Rapporteur warns against justifications for excessive intrusive methods based on the need for greater transparency within the civil society sector and emphasizes the highly detrimental impact of such legislation on human rights organisations. He reminds the State of its a negative obligation not to obstruct the exercise of the right to freedom of association and its positive obligation to ensure that civil society, including human rights defenders, in the Russian Federation can carry out their legitimate work free from undue restrictions. Finally, he calls on the Government to ensure that the Law and its application are consistent with international human rights law, including the right to freedom of association, including, inter alia, the International Covenant on Civil and Political Rights ratified by the Federation of Russia in 1973.
In the case of Mr. Boris Nemtsov, a prominent political opposition leader, the Special Rapporteur notes the response of the Government of 20 May 2015 and strongly condemns his killing (RUS 1/2015). He restates his request for the authorities to publicly share the results of the criminal investigation into Mr. Nemtsov’s murder, and any relevant judicial inquiries. He would also appreciate additional information about how the relevant investigation body of the Investigative Committee of the Russian Federation operated in accordance with international standards of impartiality, effectiveness and independence, including in relation to its composition and procedures. The Special Rapporteur emphasizes that the right to life should be guaranteed by States to all individuals under all circumstances and at all times, including in the context of the exercise of the rights to freedom of association, as prescribed by article 3 of the Universal Declaration of Human Rights.
Regarding the alleged violations perpetrated against Jehovah’s Witnesses, the Special Rapporteur is grateful for the State’s reply of 21 December 2015 (RUS 6/2015). He would appreciate additional information about any investigations or inquiries conducted in relation to the criminal prosecutions against Jehovah’s Witnesses or their associations in these cases, as well as information on developments in ongoing cases. He calls on the Government to ensure that the relevant laws governing religious organisations comply with international human rights law on freedom of association.
He recalls that the term “association” denotes “any groups of individuals or any legal entities brought together in order to collectively act, express, promote, pursue or defend a field of common interests” and that the term refers to, among others, “civil society organizations, clubs, cooperatives, NGOs, religious associations, political parties, trade unions, foundations or even online associations” (A/HRC/20/27, paras. 51 and 52). He urges the Government to recognize that the rights to both freedom of peaceful assembly and association play a significant role in the development and survival of meaningful democratic systems since they allow for an environment where minority or dissenting views or beliefs are respected and enable dialogue, pluralism, tolerance and broadmindedness.
The Special Rapporteur takes this opportunity to remind the Government of the Russian Federation of its positive obligation to ensure to promote a safe and enabling environment for individuals and groups to exercise their rights to freedom of peaceful assembly, of expression and of association, recalls that all States have the responsibility in all circumstances, to promote, respect and protect human rights and to prevent human rights violations, including extrajudicial, summary or arbitrary executions, arbitrary arrest and detention, enforced disappearances, torture and other cruel, inhuman or degrading treatment or punishment, and sexual violence (A/HRC/RES/31/37, para. 1).
Country visit
The Special Rapporteur reminds the Government of his pending requests to visit the country, as indicated by his letter sent in 2011, 2012 and 2013. He trusts that such a visit would allow him to examine first-hand issues related to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both call upon States to consider favourably his requests for visits.
Observations
Responses to communications
The Special Rapporteur wishes to thank the Government for the responses provided to four out of the five communications sent during the reporting period and requests the Government of the Russian Federation to also reply to the communication sent on 26 May 2016.
The Special Rapporteur expresses concern regarding the continuing insecurity produced by the environment in which human rights defenders are forced to operate in the Russian Federation, as well as the continued persecution of defenders in the course of their activities, both by State and non-State actors, through arbitrary arrests and detention.
He is particularly concerned by the use of legislation to criminalize and/or obstruct the work of human rights defenders through the undue application of the Federal Law “On Non-commercial organizations which Carry Functions of Foreign Agents”, commonly known as the ‘Foreign Agent’ Law, and the consequences of its implementation, given that in the past four years, over 100 NGOs have reportedly been included on the list of “foreign agents” in Russia, of which 27 have been closed down. The Law has a highly detrimental impact on civil society and appears to be aimed at intimidating human rights defenders and organizations, particularly those with dissenting opinions, and deterring or stopping them from exercising their legitimate rights to freedom of association and freedom of expression in the country.
In this context, the Special Rapporteur reiterates his concerns from his previous observations report warning against justifications for excessive intrusive methods based on the need for greater transparency in the civil society sector and emphasizes the highly detrimental impact of such legislation on human rights organizations. He recalls that the Government has a negative obligation not to obstruct the exercise of the right to freedom of association and a positive obligation to ensure that civil society, including human rights defenders, can carry out their legitimate activities free from undue restrictions. Finally, he reiterates his call on the Government to ensure that the Law and its application are consistent with international human rights law, including, inter alia, the International Covenant on Civil and Political Rights, ratified by the Russian Federation in 1973.
Regarding the case of liquidation of the NGO Agora by the Supreme Court of the Republic of Tatarstan, included in last year’s observations report, the Special Rapporteur notes that the response of the Government dated 23 May 2016 is now available in translation. The Special Rapporteur takes note of the information provided by the government to the effect that the decision that the association should be disbanded was taken on 10 February 2016 by the Supreme Court of the Republic of Tatarstan in response to an application filed by the department of the Ministry of Justice of the Russian Federation for the Republic. Pursuant to this decision, Agora has been disbanded and removed from the consolidated State register of legal entities. As of April 2016, the decision of the Supreme Court of the Republic of Tatarstan was not yet final, since, on 14 March 2016, the organization lodged an appeal, which has been transmitted, along with the case materials, to the Supreme Court of the Russian Federation and that at present the case is pending consideration. The Special Rapporteur wishes to stress that the liquidation of the NGO would establish a negative precedent and would have a detrimental effect on the environment in which human rights defenders operate in the country.
In the case of physical attacks on and the arson of a bus carrying a group of human rights defenders and journalists, Ms. Ekaterina Vanslova, Mr. Ivan Zhiltsov, Mr. Egor Skovoroda, Ms. Alexandrina Elagina, Mr. Mikhail Solunin, Mr. Anton Prusakov, Ms. Lena Maria Persson Loefgren, Mr. Oeystein Windstad and Mr. Bashir Pliev, as well as an additional attack on a human rights defender, Mr. Igor Kalyapin, the Special Rapporteur expresses serious concerns regarding attacks on the Joint Mobile Group (JMG), in particular in light of the fact that during the reporting period additional information has been received of further attacks on members of the group. The Special Rapporteur appreciates the response of the Government stating that in response to the attack on 9 March 2016 on the border of the Chechen Republic and the Republic of Ingushetia, the investigation department for the Republic of Ingushetia under the Ministry of Internal Affairs of the Russian Federation instituted criminal proceedings on the same day on the basis of evidence of offences contrary to articles 213 (2) (hooliganism) and 167 (2) (intentional destruction of or damage to property) of the Criminal Code. In this connection, the Special Rapporteur would appreciate receiving additional information regarding the investigative and procedural acts being carried out and inquiries made since the submission of the Government’s reply.
Regarding the forced eviction of the human rights organization Civic Assistance Committee, the Special Rapporteur expresses serious concern about the alleged reason for the forced eviction of the NGO, which appears to be directly linked to the peaceful and legitimate human rights work of the organization, especially protecting the rights of refugees and migrants in the country, and calculated to restrain the legitimate exercise of the rights to freedom of association and freedom of expression of its members. He also reiterates his concern about the broader effect of these actions, as well as the negative consequences of the implementation of the Law on Introducing Amendments to Legislative Acts of the Russian Federation in Part Regulating Activities of Non-commercial Organizations which Carry Functions of Foreign Agents, as mentioned above.
Regarding charges filed against, and the sentencing of human rights defender Mr. Sergey Nikiforov, the Special Rapporteur regrets that no response from the Government has been received during the reporting period. He also expresses further concern at the allegations that the sentencing of Mr. Nikiforov is related to his and the Ivanovkoye village’s public opposition and legitimate voicing of concern about the environmental and human rights impacts of the mining project of Petropavlovsk mining company, which is a matter of public interest.
Concerning amendments adopted to the Criminal Code, collectively known as ”Yarovaya Law”, the Special Rapporteur is particularly concerned about the new criminal code article that outlaws “inducing, recruiting, or otherwise involving” others in the organization of mass unrest. Violations of this article are punishable with a fine of between 300,000 and 700,000 roubles, or a term of imprisonment of between five and ten years. This provision significantly limits the ability of ordinary citizens to express political dissent and criticism through peaceful protests, demonstrations and related activities, and might have a disproportionate chilling effect on minorities, activists, political opposition and other vulnerable groups that rely on such peaceful means to convey their opinions and views.
Finally, in the case of criminal prosecution of woman human rights defender Ms. Valentina Cherevatenko for ‘malicious evasion of duties’ under the Foreign Agents Law, the Special Rapporteur remains concerned at the unprecedented criminal charges brought against Ms. Cherevatenko in relation to her human rights work and to the exercise of her right to freedom of association. Further concern is expressed that the registration requirements for associations and criminal liability for their non-compliance unduly restricts the right to freedom of expression and freedom of association. He is also concerned about growing criminalization of legitimate and peaceful human rights work in the Russian Federation and the chilling effect it may have on the broader exercise of the rights to freedom of expression and freedom of association.
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
