Russia - Country of Concern: latest update, 30 September 2014
Updated 21 January 2015
0.1 Latest Update: 30 September 2014
During the last three months, the human rights situation in Russia has continued to deteriorate. In particular, pressure on civil society and restrictions on freedom of expression and freedom of assembly have increased. There have also been several negative developments in the observance of the rule of law.
1. Civil society
Following the 4 June amendment to the “foreign agents” law, the Ministry of Justice added eight more Russian NGOs to the “foreign agents” register, including Russia’s oldest human rights organisation, Memorial, and the St Petersburg Committee of Soldiers’ Mothers, bringing the total number to fourteen. Separately, Russian LGB&T organisation “Coming Out” was found to be a “foreign agent” by the District Court of St Petersburg on 21 July. The EU issued a statement at the Organisation for Security and Cooperation in Europe (OSCE) Permanent Council on 4 September highlighting that these developments “further restrict and weaken the voices of independent civil society and contribute to a chilling effect on the enjoyment of fundamental freedoms”. The British Embassy in Moscow has raised concerns about the “foreign agents” law with the Russian Ministry of Foreign Affairs.
2. Freedom of expression
On 21 July, President Putin signed into law an amendment banning commercial advertising on paid cable and satellite television channels in Russia from 1 January 2015, and abolishing the limit of 35% of the advertising market for any one company. The ban will not apply to state-owned terrestrial television channels. Human Rights Watch said that the law was likely to “destroy regional television and independent broadcasting, cut off Russians from important sources of information, and further shrink space for media freedom in Russia”. On 22 July, the penalty for public calls for separatism was increased to a four-year jail term, or five years if the call is made through any internet resource.
On 1 August, 26-year old journalist, blogger and human rights defender,Timur Kaushev, was found dead in the republic of Kabardino-Balkaria. Kaushev was a member of the liberal Yabloko political party, and a candidate for the forthcoming elections to the local Duma (parliament). Human rights defenders and Timur Kaushev’s family claim he was murdered on political grounds. On 29 August, Lev Schlosberg, a local politician and journalist from Pskov, was attacked following reports he had published articles on the deaths of Russian soldiers apparently killed in Ukraine. The OSCE’s Representative on Freedom of the Media issued a statement calling for the Russian authorities to investigate fully all attacks on journalists. On 16 September, a BBC team was attacked in Astrakhan, also whilst investigating reports of the deaths of Russian servicemen. The BBC lodged a formal protest with the Russian authorities, and the British Embassy in Moscow also registered concerns. The EU issued a statement at the OSCE Permanent Council on 18 September noting that in Russia “the space for free expression continues to shrink, stifling a genuine public debate on issues of great consequence for the population, including Russian actions abroad”. The statement also raised concerns about the blocking of websites and “several violent attacks against journalists who question government policies and actions”.
On 26 September, the Duma passed legislation which limits foreign ownership of media outlets to 20%. If, as expected, it is signed by the President, it will force certain outspoken publications, including leading business daily, Vedomosti, to change ownership or close by 2017.
3. Rule of law
On 24 July, a Moscow City Court found Sergei Udaltsov (leader of left-wing opposition party the Left Front) and Leonid Razvozzhayev (former aide to an opposition MP) guilty of organising mass riots on Bolotnaya Square in May 2012, and sentenced them to 4.5 years in prison. On 18 August, Moscow’s Zamoskvoretsky Court found four more defendants guilty for their role in the May 2012 protests, sentencing them to between 2.5 and 3.5 years in prison for taking part in mass riots and using violence against the police. The Foreign & Commonwealth Office expressed concern about the sentencing, reiterating that the Bolotnaya case highlights concerns about restrictions on the freedom of assembly and expression in Russia. Human Rights Watch called the Bolotnaya case a “mockery of justice”, noting that an international panel of experts on free assembly, including members of the OSCE, had found there were minor clashes with police, but not the major riots the prosecution claims.
On 31 July, the European Court of Human Rights released its judgment on just satisfaction in the Yukos vs Russia case. The Court ruled that Russia was to pay the shareholders of Yukos EUR 1,866,104,634 – its highest ever award.
On 24 September 2014, the Krasnodar Regional Court dismissed an appeal by the Regional Prosecutor’s Office to release environmental activist, Evgeny Vitishko, from a penal colony where he is serving a three-year sentence for damaging a fence in 2012. The Prosecutor’s Office had requested his release on the basis that an earlier ruling withdrawing the suspension of his sentence was unfounded. Mr Vitishko has reportedly been harassed by the administration of the penal colony, and repeatedly reprimanded for alleged violations of internal rules.
There have also been some negative developments connected to the conflict in Ukraine. On 24 September, Ukrainian pilot Nadezhda Savchenko, who is accused by the Russian authorities of involvement in the deaths of two Russian journalists in eastern Ukraine in June, was transferred from detention in Voronezh to Moscow to undergo a psychiatric evaluation. The Ukrainian government assert that Savchenko was abducted in Ukraine and illegally transferred to Russia, whereas the Russian authorities claim that she was detained after crossing into Russia. On 26 September, a Moscow court postponed Savchenko’s appeal hearing until 13 October. On 29 September, the Lefortovsky Court in Moscow extended the arrest of Ukrainian film director Oleg Sentsov until 11 January. Sentsov was detained in Crimea in May on suspicion of plotting terrorist attacks and transferred to a detention centre in Moscow. The British Embassy in Moscow raised the cases of Sentsov and Savchenko with the Russian Ministry of Foreign Affairs.
On 5 September, an Estonian security officer was abducted from Estonian territory by Russian Security Services and detained in Moscow. Eston Kohver has been charged with espionage and is facing a lengthy imprisonment. On 11 September, Minister for Europe, David Lidington, raised concerns about Kohver’s illegal and unacceptable abduction with the Russian Ambassador, and called for his immediate release.
4. Freedom of assembly
On 21 July, President Putin signed an amendment to the law governing public rallies and protests. Those who violate the law more than once in 180 days, for example by taking part in unsanctioned protests, can receive sentences of up to five years in prison and fines of up to one million roubles (around £18,000). The amendment also increased the amount of time that violators of the law can be detained in temporary police custody from 15 to 30 days. Amnesty International said that these amendments negated freedom of assembly, as enshrined in international law.
5. Elections
On 14 September, regional and municipal elections took place across Russia in all but one of its federal subjects. The Central Election Commission claimed that not a single electoral violation had taken place across the country. Independent election monitoring organisation Golos, which had observers in 21 Russian regions and ran a violations hotline, recorded 776 violations, including ballot stuffing, carousel voting, and the intimidation of observers, but highlighted that these had not make a difference to the results. Golos and many other commentators also criticised the early stages of the election campaign, during which many potential opposition candidates were not able to register.
6. LGB&T Rights
On 2 September, Ekaterina Khomenko, a 29-year-old openly lesbian tango teacher, was found dead in St Petersburg. There are suggestions that she may have been attacked on the basis of her sexual orientation following reports of threats posted on her social media account around the time of her death. The opening of the St Petersburg LGB&T film festival “Queer-Fest” on 18 September was disrupted by anti-LGB&T protestors. 24 complaints were filed with the police, including one from the St Petersburg Ombudsman’s Office. Subsequent film screenings were subjected to further disruption, including hoax bomb threats and last-minute venue cancellations. On 25 September, Russia’s Constitutional Court ruled that the law banning the promotion of “non-traditional sexual relations” among minors was not in breach of the Russian constitution.