Concerns over the escalating judicial and administrative harassment of the Anti-Discrimination Centre (ADC) Memorial

To:

Mr.Vladimir Lukin

Human RightsCommissioner of Russia

Tel: +7 495607-19-22 / 607-34-67, E-mail: press-sl@ropnet.ru

MrAlexander Shishlov

Human RightsCommissioner of Saint Petersburg

ashishlov@gmail.com

Mr Mikhail Fedotov

Chairman of thePresidential Council for Civil Society and Human Rights

Tel: +7 495 606-41-84, Fax:+7 495 606-48-55; E-mail: president-sovet@mail.ru; fedotov_MA@gov.ru

Paris-Geneva, August 2, 2013

Re: Concerns over the escalating judicial and administrative harassment of theAnti-Discrimination Centre (ADC) Memorial

Excellencies,

The Observatory for the Protection of Human RightsDefenders, a joint programme of the International Federation for Human Rights(FIDH) and the World Organisation Against Torture (OMCT), is writing to you to express deep concern regarding the escalating harassment undertaken against ADCMemorial.

According to the information received, ADC Memorial iscurrently facing four cases brought against them by:

1) The prosecutor of theAdmiralty district of St Petersburg on April 30, 2013, based on theAdministrative Code;

2) The prosecutor's office of the Admiralty district ofSt Petersburg on July 12, 2013, based on the Code on Civil Procedure;

3) The Ministry of the Russian Federation for CivilDefense, Emergencies and Elimination of Consequences of Natural Disasters(EMERCOM) on May 22, 2013;

4) The Federal Service on Customers' RightsProtection and Human Well-being Surveillance (RosPotrebNadzor) on June 13,2013.

The Observatory hasindeed been informed that on July 12, 2013 theprosecutor's office filed a case against ADC Memorial at the Leninsky DistrictCourt of St Petersburg. The hearing is expected to take place no later thanAugust 5, 2013. The lawsuit is based on Article 45, part 1 of the Code on CivilProcedure, which allows the prosecutor to turn to the court in the interest ofan 'unspecified group of citizens'. Theprosecutor argues that ADC Memorial is involved in political activities andreceives foreign funding, and that it should therefore register as a 'foreign agent[1]. He further claims that ADC Memorial's reports,allegedly of political nature, can reach an 'unspecified group of citizens',whose interests must be protected “through the registration of ADC Memorial asa 'foreign agent'”.

Previously, on April 30, 2013, the prosecutor of theAdmiralty district of St Petersburg had brought another case against ADCMemorial, based on the Administrative Code, Article 19.34, part 1 and 2 (i.e. failing to register as a“foreign agent” and not placing the status of 'foreign agent' on its publications).This was preceded by an inspection of the premises of ADC Memorial.

On May 27, 2013,District Court no. 8 of St Petersburg had rejected the case after judge O. A.Glushanok found that the evidence brought by the prosecutor's office wasinconclusive as no evidence could prove that the ADC Memorial was a 'foreignagent'. Consecutive appeals of theprosecutor were likewise rejected, and as of today the latter can no longerappeal the decision. However, on July 17, 2013, he nonetheless lodged a'protest'[2] tocontest the May-27 decision, and the case is presently ongoing.

The Observatorybelieves that this 'protest' is a ploy to circumvent the May 27, 2013 decisionof the District Court no. 8 of St Petersburg. The Observatory is all the moreconcerned that this attempt follows president Vladimir Putin's meeting with theGeneral Prosecutor Yury Chaika on July 9. 2013, when Mr. Putin insisted thatthe law on NGOs 'be applied and executed to all without exceptions'.

The currentproceedings also set a dangerous precedent of the prosecutor acting on behalfof an 'unspecified group of citizens', whose interests are not specifiedeither.

Finally, the twoother above-mentioned cases, lodged by EMERCOM and RosPotrebNadzor, add to theharassment. The case lodged by EMERCOM refer to the allegedly insufficient fireprotection at the premises of ADC Memorial and to the quality of the walls inthe office that ADC Memorial rents in the business center. RosPotrebNadzor has charged ADC Memorialand its Program Director Stephania Kulaeva on the grounds that ADCMemorial is not equipped with “instruments that measure the levels of noise,magnetic emissions of electrical devices, the quality of lightning and themicro-climate in the office”. The hearing is planned for August 6, 2013.

Excellencies, these four cases brought against ADC Memorial inthe recent months are evidence of the escalating atmosphere of harassmentagainst NGOs in the Russian Federation and aim at delegitimising and paralysingtheir work. The recent actions taken by the prosecutor of the Admiraltydistrict of St Petersburg are particularly persistent and harmful, as they aimat circumventing court decisions.

Inlight of the situation, the Observatory respectfully urges you to:

- monitor thedevelopments concerning the acts of harassment faced by ADC Memorial and otherNGOs currently targeted throughout the country;

- take a public stanceon the violations of international law currently undertaken on the basis of theLaw on “Foreign Agents”;

- call on the governmentto put an end to any kind of harassment against NGOs and human rights defendersin the country;

- to call on thegovernment to abide in particular by the provisions of the United NationsDeclaration on Human Rights Defenders, adopted by the UN General Assembly onDecember 9, 1998, especially:

- its Article 1, whichstates that “everyone has the right, individually and in association withothers, to promote and to strive for the protection and realisation of humanrights and fundamental freedoms at the national and international levels”;

- its Article 5, whichprovides that “everyone has the right, individually and in association withothers, at the national and international levels (a) to meet or assemblepeacefully”;

- and Article 12.2,which provides that “the State shall take all necessary measures to ensure theprotection by the competent authorities of everyone, individually and inassociation with others, against any violence, threats, retaliation, de factoor de jure adverse discrimination, pressure or any other arbitrary action as aconsequence of his or her legitimate exercise of the rights referred to in the(...) Declaration”.

We sincerely hope that you will take these elements into account.

Yoursfaithfully,

Karim LAHIDJI Gerald STABEROCK

FIDH President OMCT Secretary General

[1] According to the law on “Foreign Agents”, which came into force inNovember 2012 in Russia, any NGO conducting a “political activity” andreceiving foreign financial aid is now considered a “foreign agent” and must registeras such. This law provides for fines of up to 300,000 rubles (about 9,500 USD)and 2 years' imprisonment for the director of any organisation breaching one ofthe provisions, and for fines of up to 500,000 rubles (16,000 USD) for theorganisations themselves.

[2] A ‘protest’ is another way in whicha prosecutor can appeal decisions, including decisions of courts inadministrative cases.