From
16 June till 18 June, 2005 Bill Bowring, the director of Human Rights and
Social Justice Institute, London, worked in Nizhny Novgorod. His trip was aimed
at clarifying the situation with pressure imposed upon the Russian-Chechen
Friendship Society by various state bodies of the Russian Federation. Bill
Bowring was appointed by the Bar Human Rights Committee of England and Wales (BHRC)
to travel to Nizhny Novgorod. His mission was funded by “Front Line”, the
Irish non-governmental organization that is International
Foundation for the Protection of Human Rights Defenders. Bill Bowring has
prepared the report on the findings of his mission to Nizhny Novgorod that the
Information Centre at the RCFS offers our readers.
BAR
HUMAN RIGHTS COMMITTEE OF ENGLAND AND WALES
WITH
THE SUPPORT OF
FRONT
LINE – THE INTERNATIONAL FOUNDATION FOR THE PROTECTION OF HUMAN RIGHTS
DEFENDERS
ACTIONS
OF STATE BODIES OF THE RUSSIAN FEDERATION IN RELATION TO HUMAN RIGHTS NGOs IN
NIZHNII NOVGOROD
REPORT
OF A MISSION TO NIZHNII NOVGOROD, 16 TO 18 JUNE 2005
BY
PROFESSOR BILL BOWRING
BARRISTER,
PROFESSOR OF HUMAN RIGHTS AND INTERNATIONAL LAW AT LONDON METROPOLITAN
UNIVERSITY, MEMBER OF THE EXECUTIVE COMMITTEE, BAR HUMAN RIGHTS COMMITTEE
TERMS
OF REFERENCE
The
terms of reference of my visit were set out in my Letter of Accreditation of 23
May 2005, as follows:
23
May 2005
TO
WHOM IT MAY CONCERN
The
Bar Council of England and Wales represents over 12,000 independent barristers,
legal academics and lawyers in Government service in the United Kingdom.
The Bar Human Rights Committee of England and Wales (BHRC) is an independent
group of specialist barristers and experts who work on a voluntary basis to
develop law and human rights protection throughout the world. BHRC has
appointed Professor William Bowring to travel to Nizhnii Novgorod between
Thursday 16 and Saturday 18 June 2005 for the following purposes:
To
investigate the situation concerning the actions of state bodies in relation to
the Society for Russian-Chechen Friendship
To
meet, as far as possible, the responsible persons within the MVD, FSB and other
state structures
To
indicate to the authorities and to local and national media that there is
international concern surrounding this case, and to seek explanations and
reassurances
To
provide information as to possible remedies or avenues of recourse at the
domestic or international levels
BHRC
would be
grateful to the authorities in Nizhnii Novgorod for all facilities and
courtesies which may be extended to Professor Bowring during his visit.
Thank
you in advance for your assistance.
Yours
sincerely
Peter
Carter QC
Chairman
Bar
Human Rights Committee
This
letter was translated into Russian, and photocopies of the original letter and a
translation into Russian were given to each of my interlocutors in Nizhni
Novgorod.
I
am very grateful to Front Line – The International Foundation for the
Protection of Human Rights Defenders, an NGO based in the Republic of Ireland,
which funded my Mission.
I
am also grateful to Mr Stanislav (Stas) Dmitrievsky, for his constant assistance
during my visit, and for sharing with me his passionate interest in and
commitment to the architectural heritage of Nizhnii Novgorod.
As
set out below, I was received with the greatest courtesy and assistance by all
the officials whom I met during my visit.
BACKGROUND
The
background of concern which gave rise to my visit is well set out in the
Statement of 10 June 2005 by the International Helsinki Federation, contained in
Annex 1 to this Report.
In
addition, on 3 June 2005 Amnesty International issued a Public Statement
entitled “Russian Federation: Nizhnii Novgorod Society for Human Rights
ordered to halt activities” This is contained in Annex 2.
FINDINGS
OF THE MISSION
1.
As
appears from the two Annexes to this Report, there were three main matters of
concern giving rise to the decision to send me to Nizhnii Novgorod.
2.
These
were:
·
Criminal
prosecution concerning articles in the newspaper “Pravo-Zashchita” (Human
Rights Protection)
·
Actions
by the Tax Inspectorate of the Ministry of Finance, concerning the Society for
Russian-Chechen Friendship (SRCF)
·
Actions
by the Federal Registration Service of the Ministry of Justice, concerning SRCF
and the Nizhnii Novgorod Society for Human Rights (NOPCh)
The
relationship between the various NGOs in Nizhnii Novgorod
3.
A
human rights group was founded in Nizhnii Novgorod in 1990 and was the first
human rights organisation in the Volga region. In 1993 the group established the
Regional Public Organisation – Nizhnii Novgorod Society for Human Rights (NOPCh).
NOPCh was registered at the Department of Justice of the Nizhnii Novgorod
Council of Peoples Deputies with number No.401 on 31 August 1993. NOPCh was
included in the Unified State Register of Legal Persons on the basis of the
State Number 1025200021736. Its (out of date) web-site is to be found at
http://www.uic.nnov.ru/hrnnov/rus/nnshr/index.htm.
4.
On
the basis of NOPCh a number of independent structures were established:
·
The
Nizhnii Novgorod Peacemaking Group
·
The
League of Prisoners’ Mothers
·
The
Youth Human Rights Centre
·
The
Women’s Human Rights Group
·
The
Centre for Aid to Migrants
·
The
Society for Russian-Chechen Friendship (Inter-Regional Organisation) - SRCF
·
The
Nizhnii Novgorod Regional Organisation “Committee Against Torture”
5.
SRCF
was registered on 21 June 2000, with Registration No. 1568 – OP. It is funded
by the US governmental body “National Endowment for Democracy” (NED), the EC,
and the Norwegian Foreign Ministry. Immediately prior to me visit to Nizhnii
Novgorod I met the EC Delegation’s Task Manager for this project, Tatyana
Bokaryeva. She was delighted that I was going there, and under the auspices of
BHRC.
6.
NOPCh
is also one of the founders of the Regional Public Organisation “Nizhnii
Novgorod Human Rights Protection Association”.
7.
I
met Mr Igor Kalyagin,
the Executive Director of the Committee Against Torture, and he told me that
three cases taken by the Committee to the European Court of Human Rights some
years ago have now been communicated to the Russian Government, and a direct
result has been the re-opening of criminal investigations into members of the
police. There does not seem to be any connection between these developments and
the events which gave rise to my visit.
8.
The
newspaper “Pravo-Zashchita” (Human Rights Protection) was founded by NOPCh
in 1996, and appears irregularly, though in principle monthly. There have been
64 issues to date. It is registered with the Volga Regional Direction for
Registration and Control for the Observance of Legality in Oblast Press and Mass
Information No. S 1191. The newspaper was founded with the support of the
National Endowment for Democracy (USA). The print-run is 5,000 copies, and the
paper, which has 24 pages, is free of charge. There is an electronic version up
to the year 2000 at http://www.uic.nnov.ru/hrnnov/rus/nnshr/paper/, and
http://www.sci-nnov.ru/massmedia/papers/nnpapers/pravo/.
9.
The
Editor of “Pravo-Zashchita” is Stanislav Mikhailevich Dmitrievsky, who is
also Executive Director of SRCF. Increasingly, the news content of
“Pravo-Zashchita” is provided by SRCF and its network of correspondents in
Chechnya.
10.
About
one and a half months prior to my visit SRCF moved to more convenient new
offices, in a building which was previously a “Dom Byta” – House of Being.
The new offices are much larger, 50 square metres rather than 35 as previously.
Phone lines had been installed by the time of my visit. There are several
offices and a good sized meeting room.
11.
I
was unable to meet Oksana Chelysheva. She was detained in Moscow by a family
illness.
The
criminal prosecution
12.
On
11 January 2005, a criminal case was commenced in relation to suspected facts of
a crime in connection with two articles in “Pravo-Zashchita”.
·
Issue
No1 (58), March 2004, contained the Appeal of Akhmed Zakaev (Vice-President of
the Government of the Chechen Republic Ichkeria) to the Russian People, printed
on page 1.
·
Issue
No 2 (59), April-May 2004, contained on page 7 the Appeal of Aslan Maskhadov (the
now deceased President of the Chechen Republic Ichkeria) to the European
Parliament, on the question of the deportation of the whole of the Chechen
people from Chechnya on 23 February 1944.
13.
I
was informed by Mr Dmitrievskii that the criminal case was commenced by the Prosecutor’s
office of Nizhny Novgorod Region, and as the incriminated article is under the
jurisdiction of the Department for
the Protection of the Constitutional System of the Federal Security Service (FSB,
formerly KGB), under Article 280 of the Criminal Code, “Public calls to carry
out extremist activity”, the investigation was
carried by the FSB. The maximum penalty for this offence when carried out
in the mass media is up to five years imprisonment, and prohibition from
participation in the media for up to three years.
14.
The
offices of the SRCF were raided, and documents were taken away. Mr Dmitrievsky
told me that all the legal founding documents of the newspaper were taken
together with all contracts of employment.
15.
SRCF
then started an information campaign about the prosecution, and Mr Dmitrievsky
believes that the FSB simply became fed up. They are used to working secretly.
He also thinks there may be some conflict between the FSB and Prokuratura.
16.
The
case was then passed to the Prosecutor’s Office (Prokuratura), and is now the
responsibility of Mr Maksim Ivanovich Dudnik, a Senior Investigator of the
Department for Investigating Especially Serious Cases. An expert report was
commissioned into the content of the two Appeals, and the conclusion was there
was no evidence of commission of the crime specified in Article 280. This expert
report was initiated by the FSB and after having received the experts’
conclusions, they returned the case to the Prosecutor’s Office, as this
article of the Criminal Code is under their jurisdiction.
17.
The
case was amended so as to remove reference to Article 280, and instead to refer
to Article 282 of the Criminal Code, “Exciting hatred or enmity, as well as
diminishing human dignity”. This step, together with extensions to the time
limit for conducting an investigation, is authorised by a senior prosecutor.
18.
To
date, no person, physical or legal, has been charged with any criminal offence.
Mr Dmitrievskii has been invited to attend for questioning as a “witness”
rather than as a “suspect”
or an “accused”, as defined by the Criminal Procedural Code.
19.
Mr
Dudnik agreed to meet me on 17 June 2005, and received me courteously, on my own,
in his office in the new, modern building of the Prokuratura. He told me that he
graduated from the Saratov Legal Academy, and has been a prosecutor for four
years. He is responsible for investigating serious cases such as murder, and the
most serious economic crimes. It should be pointed out that the Ministry of the
Interior (Police) also has its own investigators, who investigate all crimes
other than the most serious.
20.
After
I told him about the international concern surrounding the case, he informed me
that investigations are still continuing, but now for offences under Article 129
of the Criminal Code, “Kleveta”, or “Criminal Libel”. This is generally
punishable by a fine, though the aggravated offence could be punished by
imprisonment for up to three years. It is not clear to me whom or what is said
to have been defamed – perhaps the Russian state. A third expert report on the
two articles has been commissioned, and its results are awaited in August.
Consideration of the report could well take a further month.
21.
Mr
Dudnik underlined the fact that to date no person has been charged, there has
been no search, and individuals have been questioned as witnesses only.
22.
When
I suggested to him that the investigation was being “strung out” in order to
avoid the various civil actions, for example defamation, which might be brought
if the cases are stopped, he replied that all the decisions taken so far could
be challenged in the courts, but so far there has been no challenge. Mr
Dmitrievsky insists that there is no such possibility.
23.
I
took the opportunity to explain to him the approach of the European Court of
Human Rights in relation to such cases, and advised him to read the decisions in
Ozur Gundem v Turkey, and Castells v Spain. He said that he had
only received limited instruction in human rights principles while at law school,
and assured me that he would locate the judgments, which are available in
Russian translation, and would read them.
24.
On
20 June 2005, following my visit, the Prokuratura of Nizhnii Novgorod Oblast
held a press conference at which Konstantin Moiseyev, an Assistant Prosecutor of
Nizhniii Novgorod Oblast, confirmed that a further expert report had found no
evidence of the commission of a crime under Article 282.
A news item on the Demos news service confirming the press conference also
referred to my Mission[2].
25.
Mr
Dmitrievsky told me that he is now less worried about the criminal investigation.
Federal
Tax Inspectorate
26.
In
March 2005 the Federal Tax Inspectorate commenced an audit of the accounts of
SRCF for the past three years. However, special interest by this body in SRCF
started some one and a half years ago, according to Mr Dmitrievsky. In his view
this is the most serious threat to SRCF.
27.
Together
with Mr Dmitrievsky, in his capacity of Executive Director of RCFS, I went to
the office for the Federal Tax Inspectorate without prior notice. We were
accompanied by a reporter and photographer from Associated Press.
28.
They
were not allowed further into the building than the lobby, but I was permitted
to attend a meeting with Mr Dmitrievsky, as his witness, according to the
Article 90 of the Tax Code of the Russian Federation.
29.
I
briefly met the Manager of the office, who, on 3 June 2005, called the
accountant of the RCFS, Natalia Chernelevskaya, to an interview and allegedly
threatened her – see Annex 1 below. I was also present when she was
interviewed by the AP reporter at the office of NOPCh. She appeared to me to
give a credible account of what happened to her. I did not have the opportunity
to put this account to the manager.
30.
With
Mr Dmitrievsky I met Mrs Larisa Igorevna Komleva, Head of Viyezdnikh Proverok
No.1, Sovetnik Nalogovoi Sluzhbi RF III Ranga (she is head of the Department of
Out Of Office Audit No.1, and is a Councillor of the Tax Service of the Russian
Federation, 3rd rank).
31.
She
informed me more than once that she is qualified as an economist, and teaches
part-time as a Dotsent (Senior Lecturer) at the Faculty of Tax Inspection, of
the Institute of Economics and Law or the State Construction University in
Nizhnii Novgorod. She seemed particularly interested in impressing me with her
qualifications.
32.
Her
department is one of two in Nizhnii Novgorod which carries out audit where it is
not possible for the tax-payer to provide office facilities for a visiting
inspector, and all necessary documents must therefore be provided for audit in
the Tax Inspectorate. The audit covered the activities of RCFS over a three year
period.
33.
She
referred me to Chapter 14 of the Tax Code of the Russian Federation, which is
entitled “Tax Control”. Articles 87 to 89 stipulate for “Viyezdni (Out of
Office) Proverka.” She insisted that an audit of this kind is carried out
every two years, and is absolutely of a normal planned nature. However, Article
82(3) of the Code plainly states that the police and other state agencies inform
each other about materials the may have on violations of tax legislation. The
fears expressed by RCFS that they have been singled out for a special audit as
part of an orchestrated campaign is therefore credible.
34.
In
my presence Mr Dmitrievsky was handed an official document entitled “Akt
Nalogovoi Proverky” (Record of Tax Audit). This was dated 16 June 2005, and
stated that the Audit commenced on 10 March 2005, was halted 20 April 2005,
started again 14 June 2005, and was completed on 16 June 2005. Preparation of
such a Record is governed by Article 100 of the Tax Code, “Oformleniye
rezultatov viyezdnoi proverky” – “drawing up of the results of out of
office audit.
35.
The
Code provides that if a grant received by an organisation is considered not to
be “tselevoi finance”, ie for a particular purpose, then it is to be taxed
as profit.
36.
It
appeared from the Record that the Tax Inspectorate had decided that all grants
received from RCFS for the past three years have been treated as profit, leading
to a demand for unpaid tax and fines of over 1m RR, that is, at least $35,000.
37.
Mr
Dmitrievsky was asked to add any comments to the Record before acknowledging
receipt by signing it.
38.
Under
Article 100(5) of the Code RCFS has two weeks in which to propose corrections to
the Record. The Inspectorate must reply within 14 days. In the absence of
agreement, the tax-payer may apply to court, Mr Dmitrievsky intends that all
necessary applications will be made.
39.
In
his view the Record contains two main mistakes. The first is the failure to
recognise that the EEC is the same as the European Commission (this occurs on
page 6 of the Record), and the EEC is not included in the list of the Government
RF No.923 of 24 December 2002 “On the list of foreign and international
organisations the grants of which are not included in the goals of tax liability
in the receipts of Russian organisations which receive grants.” The EC is on
the list.
40.
Second,
a large part of RCFS’ money was contributed by the National Endowment for
Democracy, Washington. To treat this grant money as profit would contradict the
agreement entered into between Russia and the USA, exempting funds contributed
by US funds from Russian tax.
41.
According
to Mr Dmitrievsky, there is a clear contradiction between the 1995 Law on Social
Associations (NGOs) and the Tax Code.
42.
All
the documents which had been taken away for the purposes of the Audit were
returned to Mr Dmitrievsky.
Ministry
of Justice, Federal Registration Service
43.
The
court case commenced against SRCF in April 2005 concerned failure to provide
documents required by the Federal Registration Service for the purpose of their
audit.
44.
The
FRS carries out an audit every year as a matter of course. They carried out an
audit in July 2004, and everything was said to be in order.
45.
Following
the return of the relevant documents by the Tax Inspectorate, I attended the
office of the Ministry of Justice of the Russian Federation with Mr Dmitrivesky.
Again, no prior notice was given.
46.
We
were courteously received by Mr Aleksei Pavlovich Shubin, Counsellor of Justice
Second Class, and Chief Administration for Nizhny Novgorod Oblast of the Federal
Registration Service
47.
I
understood that the outcome of the meeting was that everything was now in order
with presentation of necessary documents for the registration of SRCF and NOPCh.
·
A
plan of audit will be settled by agreement in relation to NOPCh
·
Mr
Dmitrievsky is now in a position to supply all documents for SRCF
48.
It
would appear that the events of 3 June 2005, described in Annex 2 below, which
resulted in the decision to close NOPCh, were the result of some overreaction on
both sides.
49.
The
matter has now been resolved.
Conclusion
50.
It
was apparent that the various officials I met were impressed by the fact that
the representative of a prestigious organisation, armed with a formal letter of
introduction, and dressed in a suit and tie, had travelled to Nizhny Novgorod to
make investigations.
51.
These
state agencies, and, I suspect, all the others, now know that they are being
watched closely from abroad as well as within Russia.
52.
I
am in no doubt that SRCF and NOPCh have been the subject of concerted
interference and in some cases harassment by state agencies. Although each of
the actions described above has been carried out in accordance with Russian law,
the fact that investigations by three organs of the state have been commenced
since the start of 2005 gives weight to my view.
53.
It
seems likely, as Mr Dmitrievsky told me, that these actions have been initiated
or encouraged by the office of the President’s Representative in the Volga
Federal Okrug, Mr Kirienko.
54.
At
the time of writing, the real threat to SRCF is the Audit by the Tax
Inspectorate, and the wholly unreasonable demand for repayment and fine of over
1 m RR.
55.
My
recommendation is that this case is if necessary fought through all the relevant
Russian instances. A close watch should be kept on the proceedings, both for
violations of Article 6 (right to a fair trial) and Article 1 of Protocol 1 (right
to private property.)
Professor
Bill Bowring
27
June 2005
ANNEX
1
IHF:
Continuing Persecution of the Russian-Chechen Friendship Society
Continuing
Persecution of the “Russian-Chechen Friendship Society”
Its
Partner Organisation “Nizhny Novgorod Human Rights Society” Closed Down
by
Authorities
Vienna,
10 June 2005. The campaign of harassment and prosecution against Russian
human rights NGOs dealing with Chechnya-issues continues. While the legal
harassment against the Nizhny Novgorod-based Russian-Chechen Friendship Society
(RCFS) is still ongoing, the Nizhny Novgorod Human Rights Society (NNHRS), with
whom the RCFS jointly publishes the Pravozaschita newspaper, was ordered to halt
its activities by the Ministry of Justice on 3 June 2005.
In
2005, a criminal investigation into some articles published in the Pravozaschita
newspaper took and continues to take place, as well as checks by the tax
authorities and moves by the Ministry of Justice to close down the organizations.
This has been accompanied by a negative media coverage of the organizations’
activities in Nizhny Novgorod.
Additionally:
·
In
March 2005, the co-editor of Pravozaschita, Oksana Chelysheva, faced numerous
threatening leaflets in her own neighborhood. The flyers contained slander,
insult, and direct threats to Oksana Chelysheva in connection with her work at
RCFS.
·
In
the night of 4 April 2005, unknown individuals robbed and also tried to set fire
to a newspaper kiosk in Argun (Chechnya) belonging to RCSF correspondent Petimat
Tokaeva.
·
Since
22 April 2005, the “Volgatelecom” telephone company has been refusing to
install telephone line in the new office of the Information Center at the RCFS
that it rents together with NNHRS under far-fetched pretexts.
·
On 3
June 2005, the accountant of the RCFS, Natalia Chernelevskaya, was called to the
chief manager of the tax inspection of Nizhegorodsky district of Nizhny Novgorod
who threatened her with imprisonment, making hints about the Khodorkovsky-case
and reminding her about her little child. Then he made an attempt to persuade
her to quit the job at the RCFS offering a better-paid job at their office.
Since
2000, there have been a number of cases of “disappearances” extrajudicial
executions, and torture and ill-treatment of members and activists of the RCFS
in the North Caucasus. The most recent was the killing of Aslan Davletukaev in
January 2004.
The
International Helsinki Federation for Human Rights condemns the targeting of
human rights organizations’ activities as well as the individuals employed by
them. We believe that the legal and bureaucratic pressure to which the Nizhny
Novgorod Society for Human Rights, the Russian Chechen Friendship Society, and
their joint newspaper Pravozaschita are intentionally implemented by the
authorities of the Russian Federation to obstruct and hamper the activities of
these organizations. The employees of both organizations are in serious danger.
The
legal harassment of the Russian-Chechen Friendship Society
On
11 January 2005, a criminal investigation was opened against the RCFS. On 20
January 2005, a group of officers from the Federal Security Service (FSB) Burst
into the organization’s office, seized documents and computers, and then
“invited” the chair of the RCFS, Stas Dimitrievsky, to come to the local FSB
office for questioning him. Although at that time the charges had not been
formally brought against the RCFS, Dimitrievsky chose to abide the FSB request
in order to avoid potential complications. Since then, board and staff members
of the RCFS and the NNHRS, both in Nizhny Novgorod and Chechnya have been called
in for questioning as witnesses by FSB officials, which was particularly
intimidating to the correspondents in Chechnya, and some of them quit their
affiliation with the RCFS.
The
materials under investigation include an appeal by the late Chechen separatist
leader Aslan Maskhadov to the European Parliament, published in the April-May
2004 edition of the Pravozaschita newspaper, calling for help in finding a
peaceful settlement to the Chechen conflict, and an appeal in the March 2004
edition by Aslan Maskhadov's London-based envoy Akhmed Zakaev to the Russian
people not to re-elect President Putin.
Later,
the criminal case was reclassified. Instead of referring to article 280 of the
Criminal Code of the Russian Federation (public calls to extremist activities)
it now refers to article 282 (incitement of ethnic, racial or religious hatred
or enmity). Due to that the case was transferred from the FSB to the prosecutor’s
office as investigations under this article are under their jurisdiction.
According to the investigator, a linguistic expert of the Ministry of Justice
came to the conclusion that the texts in the newspaper contain statements that
can be charged under article 282. However, he refused to acquaint Dimitrievsky
with this conclusion, because “Dimitrievsky has not been charged yet” and
thus according to the Code of Criminal Procedure has no right to get access to
the statements of another “witness” in the case.
Additionally,
the tax authorities conducted off-scheduled controls of the organization
throughout 2005.
Parallel
to that, on 8 April 2005, a civil court suit to close down the organization was
initiated by the Federal Registration Service of the Ministry of Justice. The
first hearing took place on 25 April 2005. The Suit is based on an audit of the
RCFS, where documents were demanded that are not enlisted in the Law on Public
Associations, as well as other documents that the Tax Police had taken with them
on their visit. The acting head of the department in Nizhny Novgorod, E.V.
Istomina, considered this to be a gross violation of the law, and brought a suit
to close down the organization referring to article 63 of the Civil Code of the
Russian Federation and article 25 of the Law on the State Registration of
Juridical Persons and Individual Entrepeneurs.
The
recent refusal of the telephone company to install a cable line for a new office
of RCFS because of “unfavorable climate conditions” seriously impedes the
activities of the RCFS.
The
bank accounts of the RCFS were temporarily frozen by the authorities, and
registered letters to the attention of official bodies were lost in the post
office.
Closure
of the “Nizhny Novgorod Society for Human Rights”
On
3 June 2005, the respected partner-organisation of the RCFS, the Nizhniy
Novgorod Human Rights Society (NNHRS) learnt of an official decision to
terminate its work. The decision of the Ministry of Justice to suspend the work
of the NNHRS is allegedly based on the fact that it did not comply with the
requirements to submit documentation of its work within the established deadline
for inspection. However, the NNSHR leadership persist that they have observed
all their legal obligations in this respect. A few weeks prior to the decision,
on 19 April 2005, a court had found that the organization had not violated the
administrative code in its correspondence with the registration chamber of the
Ministry of Justice.
International
Standards. Recommendations
With
the persecution of the Russian-Chechen Friendship Society and the Nizhny
Novgorod Human Rights Society the Russian government is in breach of its
obligations under Article 12.2 of the United Nations Declaration on Human Rights
Defenders (1) , which holds that:
The
State shall take all necessary measures to ensure the protection by the
competent authorities of everyone, individually and in association with others,
against any violence, threats, retaliation, de facto or de jure adverse
discrimination, pressure or any other arbitrary action as a consequence of his
or her legitimate exercise of the rights referred to in the present Declaration.
Russian
authorities have not only failed to “take all necessary measures to ensure the
protection” of human rights defenders, but state officials themselves are the
perpetrators.
The
International Helsinki Federation for Human Rights recommends to the government
of the Russian Federation:
·
Stop
persecution of human rights defenders involved with the crisis in Chechnya
·
Investigate
abuses against defenders and prosecute the perpetrators, as demanded by the
Parliamentary Assembly of the Council of Europe’s Resolution 1323 (2003)
·
Guarantee
the security of witnesses and applicants to the European Court of Human Rights
·
Grant
unrestricted access to Chechnya to independent media and human rights monitors
·
Start
a meaningful cooperation with the Council of Europe, UN treaty bodies and
special mechanisms, including the immediate issuing of an invitation to the
Special Representative of the UN Secretary General on the situation of human
rights defenders, Hina Jilani
·
Renew
the mandate of the Organization for Security and Cooperation in Europe (OSCE)
Assistance Group to Chechnya, with an added emphasis on the monitoring human
rights and protection of defenders.
See
also:
IHF
statement, “FSB Raids the Russian-Chechen Friendship Society”, 20 January
2005
IHF
statement, “We Fear for the Safety of our Colleagues in the Russian-Chechen
Friendship Society Russian Human Rights Organization Threatened”, 19 March
2005
IHF/NHC
Report, The Silencing of Human Rights Defenders in Chechnya and Ingushetia,
September 2004
For
further information:
International
Helsinki Federation for Human Rights
In
Vienna: Aaron Rhodes, IHF Executive Director, +43-1-408 88 22 or
+43
-676-635 66 12;
Henriette
Schroeder, IHF Press Officer, +43-676-725 48 29
In
Moscow: Tanya Lokshina, +7 -916-624 19 06
Russian-Chechen
Friendship Society, Stas Dimitrievsky, Oksana Chelysheva,
+7-8312-171
666
Endnotes:
(1)
The Declaration’s full name is the “Declaration on the Right and
Responsibility
of Individuals, Groups and Organs of Society to Promote and
Protect
Universally Recognized Human Rights and Fundamental Freedoms”
See:
http://daccessdds.un.org/doc/UNDOC/GEN/N99/770/89/PDF/N9977089.pdf?OpenElement
__________________________________________
Joachim
Frank, Project Coordinator
International
Helsinki Federation for Human Rights
Wickenburggasse
14/7
A-1080
Vienna
Tel.
+43-1-408 88 22 ext. 22
Fax:
+43-1-408 88 22 ext. 50
Web:
http://www.ihf-hr.org
______________________________________
ANNEX
2
AMNESTY
INTERNATIONAL
Public Statement
AI Index: EUR 46/022/2005 (Public)
News Service No: 154
3 June 2005
Russian
Federation: Nizhnii Novgorod Society for Human Rights ordered to halt activities
The
well-respected Russian human rights NGO, the Nizhnii Novgorod Society for Human
Rights, today reportedly learned of an official decision to suspend their
organization’s activities. According to Victor Gurskii, chairman of the
organization and also a professional doctor, at 10am local time two
representatives from the registration chamber of the Ministry of Justice burst
into Victor Gurskii’s consultation room while he was receiving patients,
disrupting the consultation. Reportedly, the representatives brought into the
room two people they found on the street outside, who were not sober at the time,
to serve as witnesses. According to Victor Gurskii, the representatives told him
that there had been a decision to suspend the work of the organization, and
attempted to hand him a copy of the decision. Viktor Gurskii told Amnesty
International that he refused to accept the document while he was consulting
patients and requested them to come back another time.
Amnesty International is very concerned at this latest incident in a worrying
trend of Russian authorities putting pressure on human rights defenders and
human rights organizations who carry out legitimate and valuable work in the
field of human rights in Russia. Amnesty International calls on the Russian
authorities to halt the targeting of human rights organizations and to
demonstrate that they not only tolerate but also respect and defend the right of
individuals and organizations to be truly independent voices in society.
Background
The Nizhnii Novgorod Society for Human Rights was registered in 1993 and is one
of the oldest and most high-profile human rights NGOs in the region. In
cooperation with other NGOs, in particular, the Nizhnii Novgorod-based Committee
Against Torture and the Russian-Chechen Friendship Society, it conducts human
rights monitoring, organizes campaigns, offers free legal consultations to
individuals, and publishes material, including the Pravo-zashchita newspaper.
It has been at the forefront of a campaign for the right to conscientious
objection, and work against torture.
The Nizhnii Novgorod Society for Human Rights has been in correspondence with
the registration chamber of the Nizhegorodskii branch of the Ministry of Justice
since February 2005. Since this time the Ministry of Justice has required the
organization to submit documentation, which the organization has done. However,
the decision to suspend the organization’s activities is reportedly based on
the grounds that the organization has not submitted required information. The
organization considers that it has been complying with all its legal obligations
in this respect and according to Viktor Gurskii, a court on 19 April 2005 found
that the organization had not violated the administrative code in its
correspondence with the registration chamber of the Ministry of Justice.
The Nizhnii Novgorod Society for Human Rights is not the only human rights
organization currently under pressure in Nizhnii Novgorod. Amnesty International
has detailed an apparent campaign of harassment and intimidation against the
Russian-Chechen Friendship Society. The organization is undergoing a criminal
investigation into the publishing activities of the organization, as well as
simultaneous checks by the tax authorities and checks by the Ministry of
Justice. At the same time, one staff member, Oksana Chelysheva, has been the
subject of threatening leaflets which have been distributed in Nizhnii Novgorod.