Human Rights Annual Report 2009 - Countries of Concern: Russian Federation
We are clear that the human rights situation in Russia is
serious. While we welcome the positive agenda set out by President
Medvedev and the limited reforms achieved so far, the situation on
the ground has, in many areas, shown little sign of improvement. In
some areas, such as attacks on human rights defenders and
journalists, there has been a sharp deterioration. As a result, we
have raised our concerns frankly with the Russian government
throughout the year.
Our annual bilateral human rights talks with Russia were held in
Moscow on 16 January. Discussion covered the rule of law; NGOs,
civil society and the protection of human rights defenders; freedom
of expression; equality and minorities; international institutions;
and human rights in the context of counter-terrorism. We raised
particular concerns about human rights violations in the North
Caucasus, implementation of European Court of Human Rights (ECtHR)
judgments, journalists’ safety, and treatment of ethnic minorities
in South Ossetia and Abkhazia. There was wide-ranging discussion of
human rights practice in the UK. We have pursued follow-up action
with the Russian authorities and are preparing for the next
dialogue.
The Foreign Secretary visited Moscow from 1–3 November. He
reiterated our concerns about human rights, including the risks
faced by human rights defenders and journalists, specifically in
the North Caucasus, with Foreign Minister Lavrov. The Foreign
Secretary particularly stressed the importance of effective
investigations into such attacks. He heard at first hand from NGOs
and civil society about their experiences of the human rights
situation in Russia and reasserted that the UK will continue
raising human rights concerns as part of a comprehensive dialogue
with the Russian authorities.
The UN Human Rights Council carried out its Universal Periodic
Review of Russia’s human rights record on 4 February. All UN
members were able to ask Russia questions and make recommendations.
The UK, along with a significant number of other states, raised
concerns, including the lack of an independent media, enforced
disappearances, prison conditions, racial discrimination, freedom
of NGOs, treatment of minorities, violence against women, use of
torture in the Chechen Republic, security of journalists and human
rights defenders.
Human Rights Defenders
We are appalled at the number of human rights defenders who have
been murdered in Russia during the last year. Russia’s already poor
record in protecting human rights defenders, especially those
working in the North Caucasus, has been further damaged by these
worrying trends. Both the UK and EU have urged Russia to protect
the right of human rights defenders and lawyers to conduct their
work without hindrance, intimidation or harassment. We want to see
better support for human rights defenders; an end to the apparent
impunity for those who attack them; and for all human rights
violations against human rights defenders to be investigated fully,
promptly and impartially. Those involved should be brought to
justice in trials which meet international standards.
On 19 January, Stanislav Markelov, a human rights lawyer, was shot
in central Moscow, along with Anastasia Baburova, a Novaya Gazeta
journalist who was with him at the time. Investigators believe his
murder may be connected with his professional activities. Markelov
had defended Chechens in a number of high-profile cases, including
before the ECtHR, and represented activists from antifascist
groups. In the weeks before his murder he had received numerous
calls and text-message death threats in connection to his work, and
he had previously been beaten up by skinheads in a Moscow subway.
The then Europe Minister, Caroline Flint supported the EU
Presidency statement of 20 January condemning these killings. More
recently, two suspects have been arrested and charged in connection
with these murders.
Natalia Estemirova, a key figure in getting independent information
out about the reality of life in Chechnya, was kidnapped and
murdered in Chechnya on 15 July by unknown armed gunmen. Estemirova
was the head of Russian rights NGO Memorial’s Grozny office, and
the most prominent human rights defender in Chechnya. Her murder
caused outrage in Russia and internationally. The then Europe
Minister made a statement about the murder, which can be found on
the FCO website. We pressed the Russian government for a full,
transparent investigation and the EU Presidency issued a similar
statement and delivered a letter of protest to Russian
authorities.
President Medvedev said that “...the crime will be investigated in
the most thorough way. It is obviously connected to her
professional work. She did very useful things. She spoke the truth,
and openly...this is the value of a rights activist”. His comments
on the value of Estemirova’s work strike a welcome contrast with
the Russian government’s reaction at the time of Anna
Politkovskaya’s death in 2006 that her work was ”not important in
Russia”.
In August, an implementing partner for a British Embassy project
focusing on disability rights was murdered. Zarema Saydulayeva
headed the local NGO “Let’s Save the Generation”, and worked on
humanitarian and human rights issues in Chechnya. She was murdered
along with her husband Alik Dzhabrailov. Although investigators
have said these murders were unrelated to their professional
activities, rights activists have cast strong doubts on this and
suspect the involvement of local law enforcement bodies.
The threat to human rights defenders in Chechnya prompted Russia’s
leading domestic human rights NGO, Memorial, to suspend operations
in its Grozny office for five months. Memorial’s work in difficult
conditions has been recognised though the award of this year’s
Sakharov Prize for Freedom of Thought. The Sakharov Prize, named
after Soviet scientist and dissident Andrei Sakharov, was
established in December 1988 by the European Parliament as a means
to honour individuals or organisations who had dedicated their
lives to the defence of human rights and freedoms.
On 20 July, President Medvedev signed legislation amending Russia’s
2006 NGO law. The amendments are designed to simplify registration
and accounting requirements and reduce the number of audit checks.
We welcome these changes, though limited, as a move in the right
direction. While NGOs have welcomed the reduction of onerous
reporting requirements, allowing them to focus on their core
functions, several have said that the amendments do not go far
enough and are still “based on the principle that bureaucracy
controls civil society”. Restrictions remain tight for foreign NGOs
operating in Russia, or those receiving foreign funding.
Media Freedom
The number of attacks on journalists, particularly in the North
Caucasus, increased in 2009. There is still a low success rate in
investigating and prosecuting crimes against journalists. The
Committee to Protect Journalists, an NGO, stated in September that:
“Secrecy, corruption, lack of accountability, conflicts of interest
and a shortage of political will are the main obstacles to
achieving justice in the unsolved, work-related murders of 17
journalists in Russia since 2000.”
In 2009, Russia fell 13 places to 153rd on the press freedom index
produced by Reporters without Borders. Pressure from the
authorities results in selfcensorship by journalists. A report
written by the Carnegie Moscow Centre in January stated that “since
journalists operate by the grace of the government, self-censorship
has become ubiquitous, though the degree of self-restriction may
vary significantly”.
It was significant that President Medvedev chose to give his first
media interview in April to Novaya Gazeta, an independent newspaper
that challenges the state and uncovers corruption and human rights
abuses. Four of its journalists have been murdered, one in 2009,
and others have been beaten, arrested and continue to be watched
closely by the police. The Canadian Journalists for Free Expression
honoured Novaya Gazeta with the 2009 International Press Freedom
Award for ”extraordinary courage and overcoming tremendous odds to
report the news”. In a meeting with the International Press
Institute, a media freedom organisation, on 2 October Novaya
Gazeta’s editor-in-chief, Dmitry Muratov, said: “Following a very
nervous discussion with my journalists, I had to limit reporting on
the Caucasus region…I cannot guarantee the safety of my
journalists.”
In 2009, we have also followed the retrial of three men accused of
the murder of journalist Anna Politkovskaya in 2006. The Russian
Supreme Court on 25 June ordered a retrial which we hope will see
those responsible – for both carrying out and contracting the
murder – brought to justice through a fair procedure. Through the
Strategic Programme Fund we are supporting NGOs working to promote
freedom of expression in Russia’s regions by empowering media
organisations with knowledge of their rights under Russian
media-internet law.
North Caucasus
Over the last year there has been widespread recognition, both
within Russia and internationally, of the deteriorating security
situation in the North Caucasus. Lack of accountability for
law-enforcement structures in the region has led to increased human
rights violations. The situation is exacerbated by the poverty,
corruption and lack of democratic accountability, which pervades
the region and undermines long-term security. Media and NGOs in the
North Caucasus are not able to report freely on authorities’
actions in the region due to the threat of reprisals and
restrictions on their movement.
We welcome President Medvedev’s comments during a meeting of the
Russian Security Council on the North Caucasus in August:
“You mentioned the influence of several factors, including
international ones, such as the feeding of the underground with
money, the problems of religious extremism. All these external
factors exist, you are right. But the main reason is within the
country, as regrettable as this may be. The conditions for the
development of banditry and religious extremism were created as a
result of the disintegration of the state, the roots are in our way
of life, unemployment, poverty, the clans who don’t give a damn
about the people, who just divide up the streams of money coming
here, fight for orders and then settle scores with each other, and
in corruption, which has genuinely become very widespread within
the law-enforcement agencies. Our task is to eliminate these
phenomena.”
Medvedev also identified stability in the North Caucasus as a
concern during his state of the nation address in November,
pledging a mechanism to encourage increased investment, and a new
coordinator to assess the effectiveness of government measures in
the region.
We regularly remind the Russian government that security measures
which do not respect international human rights law are
counter-productive, and that putting an end to human rights
violations is a vital element in the achievement of a long-term
solution to the region’s problems.
While counter-terrorism operations came to an end in Chechnya in
April as part of moves to normalise the situation there, they are
still used on a temporary basis in some districts, as well as in
neighbouring Ingushetia and Dagestan. Media and analysts’ reports
of shootings, explosions and security operations suggest that
violent incidents increased rather than decreased in the aftermath
of this decision. The Council of Europe’s Committee for the
Prevention of Torture (CPT) highlighted ongoing allegations of
torture by local forces in Chechnya.
This year has seen a dramatic deterioration of the security
situation in Ingushetia and Dagestan, to the point that violent
attacks are occurring on an almost daily basis. An assassination
attempt was made on Ingush President Yevkurov on 22 June and a
suicide bomb attack in Nazran, Ingushetia’s main town, on 17 August
killed 25 people. Reports of President Yevkurov’s attempts to
ensure accountability for abuses committed by security forces are
encouraging. However, we remain concerned by ongoing reports of
violations, including abductions, torture and extrajudicial
killings – particularly those carried out by federal
law-enforcement bodies in the course of security operations, which
are rarely investigated. We have supported a number of NGOs working
across the North Caucasus that are helping local people seek legal
remedies: first domestically, then at the ECtHR.
In the North Caucasus, funds from the Conflict Pool supports
projects run by the NGO Article 19 and local NGOs working to
enhance media professionalism and journalists’ protection.
Access to Justice
We share Human Rights Watch’s concerns raised in their July report
about how ECtHR judgments are implemented in Russia. Where Russia
has been found responsible for abuses in Chechnya, it has rightly
paid compensation. However, Russia has failed to carry out
meaningful investigations, fuelling an atmosphere of impunity and
increasing the chances that similar cases will occur again.
We fund organisations that work with victims’ families in the North
Caucasus to improve access to justice through the ECtHR.
Both we and our project partners regularly urge Russia to re-open
investigations in those cases where the court has determined that
prior investigations were inadequate, and to ensure that progress
is being made into those investigations that have been opened. A
number of senior judges, and the Justice Minister, have called for
more judicial reform to stem the flow of ECtHR cases. We support
the Russian government’s efforts to reform the domestic judicial
system, to provide improved domestic remedies.
We welcome Russia’s Constitutional Court decision on 19 November to
extend its moratorium on use of the death penalty indefinitely. The
current moratorium had been due to expire on 1 January 2010.
However, this decision falls short of Russia’s commitments to the
Council of Europe, and we will continue to press for ratification
of Protocol 6 to the European Convention on Human Rights
(ECHR).
During the year the ECtHR has taken steps towards addressing
Russian concerns on Protocol 14 to the European Convention. We urge
Russia to complete ratification to advance reform of the ECtHR.
Both the UK and Russia agree on the need for reform of the ECtHR to
ensure it functions more effectively. The ECtHR has an increasing
backlog of over 118,000 cases pending, of which 28 per cent have
been lodged against Russia.
Penal Reform
The death in custody of leading Moscow lawyer Sergei Magnitsky in
November highlighted the appalling conditions in which prisoners
are kept. Overcrowding, poor living conditions and poor treatment
of detainees are common. Figures provided by the Federal Penal
Service in January showed that of the 900,000 people in detention,
795,000 are suffering from various diseases. Currently in detention
are 14 per cent of all tuberculosis patients and 11 per cent of all
registered HIV-infected individuals in Russia. We are concerned
over reports that medical treatment is sometimes deliberately
denied to those in detention. We welcome President Medvedev’s
acknowledgement that detention conditions in some instances are
inhumane, as well as recent proposals to reform the penal system,
and urge the Russian government to follow through on these
pledges.
Our SPF supports work on preventing torture within the penal
system. This includes work with the Independent Council for Legal
Expertise on raising awareness of the importance of complying with
international human rights standards across the criminal justice
system, with the aim of preventing torture, the trumping up of
evidence, and false charges from being made by law enforcement
agencies.
Racism and Xenophobia
Ethnic discrimination and anti-Semitism in the Russian Federation
is still a major concern, particularly the level of xenophobic
feeling and violent attacks on nonethnic Russians. According to the
Moscow Human Rights Bureau, in 2009, 218 xenophobia-related attacks
and conflicts were registered in Russia, resulting in the deaths of
75 people. This was a decrease in the number of attacks and deaths
compared to 2008 (256 attacks and 113 deaths) although it is
unclear whether this is due to a decrease in racist violence or a
reluctance to report such incidents. It is likely that the violent
attacks will continue, especially as nationalist groups seek to
exploit increased xenophobia during the economic crisis.
We welcome the fact that the Russian government has acknowledged
the problem of extremist attacks in Russia by drafting amendments
to the Law on Extremist Activity. However, we remain concerned that
these amendments still provide an opportunity to restrict political
dissent and that they can be applied to protect public officials
against criticism in a way that is contrary to international
standards. We believe that there should be more proficient
investigation of race-related crime as part of a comprehensive plan
to combat racism.
Dialogue in the Risk Zone
A project implemented by the Social Partnership Foundation and
funded by the Russia/CIS strand of the Conflict Pool, “Dialogue in
the Risk Zone”, works in North Ossetia and Ingushetia to build
dialogue across borders and to develop mechanisms for cooperation
between civil society and federal and local authorities for the
resolution and mitigation of conflicts in the North Caucasus. On 8
September, it held a roundtable on ways to resolve conflict between
the republics. The meeting, which many participants considered to
be a first step towards the peaceful resolution of the conflict,
brought together representatives from Ingushetia and North Ossetia
for the first time in decades. President Yevkurov of Ingushetia,
Russian Federation Human Rights Ombudsman Vladimir Lukin and the
Council of Europe Human Rights Commissioner Tomas Hammarberg took
part.
During 2009, we were able to see at first hand the work of project
partners in the Karachay- Cherkessia region of the North Caucasus.
The Conflict Pool-funded “Stabilising North Caucasus” project
brings together five parts of the region to support local conflict
prevention initiatives and building NGO capacity. On 28 September,
it held a civil society forum together with federal and local
partners, to analyse the options and resources available to civil
society to support regional development and maintain inter-ethnic
peace and social accord in the North Caucasus. Over 200 civil
society representatives, experts, officials and students took part
in a wide range of sessions to identify practical tools and
solutions for local conflict prevention.
UK Support for Tackling Corruption in Russia
A FCO-sponsored project on Anti-Corruption Analysis of Laws trained
law-makers from across Russia to systematically evaluate draft
legislation in order to identify and close loopholes, which could
be exploited for corrupt practices. As work began, anti-corruption
began rising up the Russian government’s agenda and the Russian
government sought our implementer’s help to develop a new
anti-corruption law. The Duma passed this law, which makes
anti-corruption analysis of laws a compulsory part of the
preparation of Russian legislation, in 2009. The ruling party and
opposition politicians have recognised the law as significant – an
opposition politician said that it was the most important piece of
legislation passed in this session of the Duma. Mikhail Dmitriev,
head of the economic think tank that advises President Medvedev,
commented:
“Anti-corruption analysis of laws was a very successful
project. Four years ago, corruption was a low-level concern. The
government didn’t know about anti-corruption analysis of laws.
However, the anti-corruption analysis of laws has made a real
breakthrough. To say now that a draft law has passed
anti-corruption evaluation significantly increases the value of
that piece of legislation.”