Acts of harassment against the Kazan human rights centre and the NGO “Agora”

August 3, 2009

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in the Russian Federation.

Description of the situation:

The Observatory has been informed by reliable sources of acts of harassment, searches and confiscations carried out against members of the Kazan human rights centre[1] and the interregional human rights association “Agora”. These two organisations provide assistance to anyone whose rights are violated by civil servants in Russia.

According to the information received, on July 21, 2009 at 4.30 pm, in Tatarstan, agents of the Investigation and Intervention Unit on Fiscal Offence pertaining to the Ministry of Internal Affairs, headed by Major Vilsour Saetgareev, carried out a search of the “Agora” ledgers, for about 10 hours and a half. Besides the accountant's laptop, which was then confiscated, 2000 files divided into 14 folders, covering the years 2006 to 2009, were also searched.

On the same day, the Kazan human rights centre was also targeted by the authorities. Agents of the Ministry, directed by Lieutenant Evguéni Popov, searched the laptop of the Head Office, Mr. Igor Cholokhov, as well as the accountant's one. Both devices were then confiscated. Lieutenant Popov also declared having randomly asked two girls from the neighbourhood to witness the scene, while it seemed quite obvious that he knew them.

These searches were reportedly conducted at the request of the Vice-Minister of Internal Affairs of Tatarstan, Mr. Rafael Guilmanov, who publicly accused the organisations of having falsified their ledgers between 2006 and 2009. Such searches therefore seem to aim at providing evidence of violations of the Russian legislation on taxes and taxations.

It is to be noted however that on April 6, 2009, Mr. Safioulline, Head of the Direction of the Ministry of Justice for Tatarstan Republic, had turned to the Direction of Rosfinmonitoring for the federal district of Volga to obtain information on the fiscal database on the two organisations, but that on May 18, 2009, in response to this request, the Rosfinmonitoring had declared that it could not bring evidence of any violation from these organisations.

On June 26, 2009, Mr. Safioulline had nonetheless issued an order for an inspection of the premises of “Agora” and the Kazan human rights centre. This decision was appealed by the two organisations on July 9 to the District court of Volga and to the Ministry of Justice. However, as of issuing this urgent appeal, no information could be obtained as to whether a decision in appeal was issued at all.

The Observatory expresses its deepest concern with the above-mentioned searches, which seem to have been carried out in violation of Russian legislation and to be aimed at hindering the activities of the organisations, in order in particular to bring to an end the criminal proceedings they launched against civil servants[2].

Actions requested:

Please write to the Russian authorities and ask them to:

1. Guarantee in all circumstances the physical and psychological integrity of the members of “Agora” and the Kazan human rights centre;
2. Immediately and unconditionally return the confiscated material to their owners;
3. Put an end to all acts of harassment against “Agora”, the Kazan human rights centre, their members as well as all human rights defenders in the Russian Federation;
4. Conform in any circumstances with the provisions of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, in particular its article 1, which states that “everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels”, and its article 12.2 which provides 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”;
5. Comply with the provisions of the Document of the Copenhagen Meeting of the 2nd Conference on the Human Dimension of the Cooperation and Security Conference in Europe (CSCE) (1990), as well as with OP 2(iv.) of the Council of Europe Declaration on Human Rights Defenders, according to which member-States shall “take effective measures to prevent attacks on or harassment of human rights defenders, ensure independent and effective investigation of such acts and to hold those responsible accountable through administrative measures and/or criminal proceedings”;
6. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by the Russian Federation.

Addresses:

• Mr. Dmitri Medvedev, President of the Russian Federation, Kremlin, Moscow, Russian Federation, Faxes:+ 7 095 206 5173 / 230 2408;
• Mr. Yuriy Chaika, General Public Prosecutor of Russian Federation, 125993, Moscow, GSP-3, 15a B. Dimitrovka str. Russian Federation, Fax: +7 495 692-96-00 / +7 495 692 17 25;
• Chairwoman of the Presidential Human Rights Commission of the Russian Federation, Ella Pamfilova, 103132 g. Moskva, Staraya ploshchad, d 8/5,pod 3, Russian Federation, Fax:+70952064855
• Mr. Vladimir Lukin, Russian Federal Ombudsman for Human Rights, Fax: +7 495 207 3969 / +7 495 207-53-37
• Minister of Internal Affairs, Rashid Nurgaliev, ul. Zhitnaya, 16, 117049 Moscow, Russian Federation, Telegram: Rossiia, 117049, Moskva, Fax: + 7 095 237 49 25
• Minister of Foreign Affairs, Sergey Lavrov, Smolenskaya-Sennaya pl, 32/34, 121200 Moscow, Russian Federation, Telegram: Fax:+ 7 095 244 2203
• Permanent Mission of the Russian Federation to the United Nations in Geneva Av. de la Paix 15, CH-1211, Geneva 20, Switzerland, e-mail : mission.russian@ties.itu.int, Fax: +4122 734 40 44
• Embassy of the Russian Federation in Brussels, 31-33 boulevard du Régent, 1000 Brussels, Belgium, Fax: + 32 2 513 76 49.

Please also write to diplomatic representations of the Russian Federation in your respective countries.

Paris-Geneva, August 3, 2009

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:
Email: Appeals@fidh-omct.org
Tel and fax OMCT: + 41 22 809 49 39 / 41 22 809 49 29
Tel and fax FIDH: +33 (0) 1 43 55 25 18 / 01 43 55 18 80

[1] The Kazan human rights centre was awarded the 2008 MacArthur Foundation prize.

[2] In 2008 for instance, the Kazan human rights centre provided legal assistance to victims in a criminal case against the Toukaevsk ROVD Colonel R.A. Salakhov. As a consequence, on November 20, 2008, agents of the police station declared that Mr. Salakhov was dismissed, before any court decision being issued. On June 10, 2009, the Chief of the Prosecutor's office of the Republic of Tatarstan, Mr. V.V. Nekhotiaev, ordered to resume the preliminary proceedings in Mr. Salakhov's case.