Arbitrary arrest of several members of the Memorial human rights centre

Russian Federation

June 23, 2008

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 a reliable source about the arbitrary arrest of Mr. Shakhman Akbulatov, Ms. Zarema Mukusheva, Ms. Milana Bakhaeva, members of the Memorial human rights centre, and their driver, Mr. Yaraghi Gayrbekov.

According to the information received, on June 17, 2008, around 5 pm, Mr. Shakhman Akbulatov, Ms. Zarema Mukusheva, Ms. Milana Bakhaeva and Mr. Yaraghi Gayrbekov were arrested and detained, allegedly for “filming a building pertaining to the Solnidchny State agricultural group”.

As Ms. Mukusheva, Ms. Bakhaeva and Messrs Akbulatov and Gayrbekov were filming the State agricultural group located in the village of Goyti (Urus-Martan region), which used to be the police department (POM) of the village where several persons were reportedly arbitrarily detained, sometimes incommunicado, several men dressed in civilian clothes presented themselves as members of the “service”, and seized their identity documents.

Ms. Mukusheva, Ms. Bakhaeva and Messrs Akbulatov and Gayrbekov were then driven to the Regional Department of Interior Affairs (ROVD), where policemen accused them of collecting “information in view of transferring it to separatist websites and to sites critical of the party in power”. The policemen also concluded that according to the number plate of their vehicle, Mr. Akbulatov, Ms. Mukusheva, Ms. Bakhaeva and Mr. Gayrbekov came from Ingushetia. One of them said that it meant that they were coming from the Nazran office of Memorial, which often reports upon torture and assassinations in police stations, and that they were intending to display the video on the Internet. Another accused them of “working for Wahabbits” and asserted that it was because “they were giving data to Islamists that his fellow policemen were regularly killed”.

Mr. Akbulatov was then taken to a separate room where the policemen checked the contents of his bag, despite his protests of it being illegal. The policemen then threatened and insulted Mr. Akbulatov. One of them even suggested to “shoot” them all. The threat of execution was repeated in another room.

Furthermore, Mr. Akbulatov et Ms. Mukusheva where photographed and the policemen also searched the groups’ vehicle, although they had no mandate to do so.

Their lawyer was only allowed to access his clients after half an hour, whereas he had a mandate of representation.

Mr. Shakhman Akbulatov, Ms. Zarema Mukusheva, Ms. Milana Bakhaeva, and Mr. Yaraghi Gayrbekov were finally released on the same day, at around 7.30 pm. However, Mr. Akbulatov and Ms. Mukusheva were forced to sign a written statement describing their activity that day, and their film material was destroyed.

The members of the Memorial intend to file a complaint against their arbitrary arrest.

The Observatory reiterates its deepest concern about the ongoing harassment of human rights NGOs and their members in the Russian Federation, and recalls that according to Article 12.2 of the United Nations Declaration on Human Rights Defenders, “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”.

The Observatory further recalls that the Russian Federation was elected to the Human Rights Council in June 2006 for three years and is committed, in this regard, to “uphold the highest standards in the promotion and protection of human rights”. In addition, as a participating State of the Organisation for Security and Cooperation in Europe (OSCE), the Russian Federation acknowledges that “the [1998] UN Declaration on Human Rights Defenders [... places] a responsibility [...] on states to adopt and implement adequate legislation and administrative procedures that would provide for a conducive environment for human rights defenders to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, and recognises “the need for particular attention, support and protection for human rights defenders by the OSCE, its Institutions and field operations, as well as by participating States”.

Actions requested:

The Observatory urges the authorities of the Russian Federation to:

1. Guarantee in all circumstances the physical and psychological integrity of Mr. Shakhman Akbulatov, Ms. Zarema Mukusheva, Ms. Milana Bakhaeva, and Mr. Yaraghi Gayrbekov, and more generally of all human rights defenders in the Russian Federation;
2. Put an end to all acts of harassment against all human rights defenders in the Russian Federation, and ensure in all circumstances that they be able to carry out their work without unjustified hindrances;
3. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, in particular with Article 1, which provides that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, as well as with the above-mentioned Article 12.2;
4. 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), and uphold in all circumstances the principles and provisions enshrined in the international and regional human rights instruments ratified by the Russian Federation and which, in particular, guarantee freedoms of association, demonstration, expression and opinion, in particular the European Convention on Human Rights and the International Covenant on Civil and Political Rights;
5. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by the Russian Federation.

Addresses:

• Dmitri Medvedev, President of the Russian Federation, Kremlin, Moscow, Russia, Faxes:+ 7 095 206 5173 / 230 2408, Email: HYPERLINK "mailto:president@gov.ru"president@gov.ru;
• Prosecutor General of the Russian Federation, Vladimir Ustinov, 103793 g. Moskva K-31, Ul. B. Dimitrovka, d 15a, Russian Federation, Fax: + 7 095 292 88 48;
• 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;
• Vladimir Lukin, Russian Federal Ombudsman for Human Rights, Fax: +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 the diplomatic mission or embassy of the Russian Federation in your respective country.

Paris-Geneva, June 23, 2008

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:

E-mail: HYPERLINK "mailto:Appeals@fidh-omct.org"Appeals@fidh-omct.org

Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80

Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29